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ALLEGHANY COUNTY SHERIFF’S OFFICE

268 WEST MAIN STREET


COVINGTON, VA 24426

This Policy Manual is the property of the Alleghany County Sheriff’s Office
and shall remain with this office when members terminate their employment.
Members shall not divulge information in the Policy Manual to anyone other
than Department personnel, unless otherwise directed.
The Policy Manual cannot cover every aspect of police work or provide
guidance in handling every possible situation. Police Officers and other
personnel will use experience, policy, training and good judgment to decide
the best and safest way of handling work situations.
Although most police work is left to the officer’s discretion, if an officer
departs from the provisions herein, he/she must demonstrate that his/her
action was necessary.
Whenever members doubt the meaning or intent of a rule, policy or
procedure, they shall seek an interpretation or explanation from a supervisor,
chief deputy or chief jailor. All previously issued rules, policies and
procedures inconsistent or in conflict with this Policy Manual are hereby
revoked.
This Policy Manual should help you to understand what is expected of your
performance as an appointee of the Alleghany County Sheriff’s Office.
A Policy Review Committee will be established as outlined in this Policy
Manual to review the Policy Manual annually.
Duties and obligations of the appointees of the Alleghany County Sheriff’s
Office are hereby set forth. Violations of the rules and regulations shall be
made the subject of corrective and/or disciplinary action.
Misunderstanding of the provisions of this manual shall not be considered as
an excuse in the event that corrective or disciplinary action for failure to
observe said rules and regulations is necessary.
This manual is not a contract with appointees. Violations are not exclusive
to other grounds for disciplinary action.
Conduct which is covered or not covered by this manual and is detrimental
to the department’s operation is grounds for dismissal.
Each member of the Alleghany County Sheriff’s Office is directed to
become thoroughly familiar with the rules and regulations in this Manual.

______________________________
Kevin W. Hall, Sheriff

LAW ENFORCMENT CODE OF ETHICS

As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property;
to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful
against violence; and to respect the constitutional rights of all men to liberty, equality and justice.

I will keep my private life unsullied as an example to all, maintain courageous calm in the face of danger,
scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in
though and deed in both my personal and official life, I will be exemplary in obeying the laws of the land
and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided in
me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my
duty.

I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence
my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce
the law courteously and appropriately without fear of favor, malice or ill will, never employing unnecessary
force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so
long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and
ideals, dedicating myself before God to my chosen profession….law enforcement.

EQUAL EMPLOYMENT OPPORTUNITY POLICY

It is the policy of the Alleghany County Sheriff’s Office to assure equal opportunity to it’s appointees and
applicants on the basis of fitness and merit without regard to race, color, handicap, sex or age (except where
age is a bona fide occupational qualification).

This policy shall be followed in recruiting, hiring, promotion into all classifications, compensation,
benefits, transfers, layoffs, returns from layoffs, demotions, terminations and training.

It is not the intent of this policy to permit or require the lowering of bona fide job requirements or
qualifications standards to give preference to any appointee or applicant for appointment.

Any appointee of the Alleghany County Sheriff’s Office who fails to comply with this policy is subject to
appropriate disciplinary action.

As the Appointing Authority, I hereby direct that this policy be implemented in accordance with the
Department’s Affirmative Action Plan.

This policy is effective immediately.

________________________________________
Kevin Hall, Sheriff
__________________________________
Date

ALLGHANY COUNTY SHERIFF’S OFFICE

GOALS AND OBJECTIVES

1. Create and maintain a feeling of respect for and confidence in the


Alleghany County Sheriff’s Office. This will result in a feeling of
citizen security with the result that they support and assist the
department in its efforts.
2. Maximize, to the extent possible, the development and job satisfaction
of departmental employees. This will enable the department to attract,
retain and secure the commitment of qualified personnel which is
necessary to accomplish the department mission and goals.
3. Ensure that the governing body of Alleghany County receives the
greatest benefit for the dollars expended for police services.
4. Minimize the occurrence of deterrable crime.
5. Safeguard the lives, property and public peace that the citizens and
visitors of Alleghany County are entitled to.
6. Identify arrest and assist in the prosecution of persons who commit
crimes.
7. Recover lost and stolen property, identify its owner and ensure its
prompt return or provide safekeeping until such property is disposed
of consistent with law or policy.
8. Record and analyze crime, accident and incident statistics on a
continual basis for the purposes of a legal record, improved planning
and crime control.
9. Create and maintain a feeling of confidence in and support for the
Alleghany County Sheriff’s Office on the part of other organizations
with which it comes in contact, particularly those agencies that are a
part of the criminal justice system.
10.Arrange for the delivery or emergency services that officers are
particularly equipped to provide
11.Assist citizens and visitors who cannot care for themselves or arrange
for such assistance.
12.Facilitate the safe and orderly movement of people, traffic and the
parking of vehicles.
TABLE OF CONTENTS

GENERAL ORDERS

GENERAL ORDER #

1. ADMINISTRATION

Establishment of Departmental Manual 1


Administrative Terms and Definitions 2
Chain of Command 3
Office Mission 4
Work Hours, Breaks, Trade, Travel 5
Social Media Policy 6
Vacation/Compensatory/Personal Holiday 7
Sick Leave 8
Family Medical Leave 9
Written Directive System 10
Personnel Records 11
Hiring 12
Media Relations 13
Application Background Investigation 14
Employee Drug Testing Policy 15
Reserved 16
Expungement of Criminal Records 17
VCIN 18
Purchase of Service Handgun 19
Criminal History Records Management 20

2. PERSONNEL

Performance Evaluations 21
Inspections 22
Employee Discipline 23
Citizen Complaints 24
Sexual Harassment 25
Personal Injury 26
Limit Duty Assignment 27
Physical Fitness/Wellness 28
Employee Grievance 29
Off Duty Employment 30
County Vehicles 31

Personnel/Inmate Relationships 32
Job Description Dispatcher 33
Job Description Chief Deputy 34
Job Description Field Deputy Supervisor 34A
Job Description Law Enforcement Deputy 34B
Job Description School Resource Officer 34C
Job Description DARE Officer 34D
Job Description Chief Detective 34E
Job Description Detective 34F
Job Description Animal Control Officer 34G
Job Description Law Enforcement/Inmate Work Crew 34H
Job Description Jail Administrator 35
Job Description Jail Supervisor 35A
Job Description Jail Deputy 35B
Job Description Court Bailiff 36
Job Description Cook A-B-Part Time 37
Job Description Administrative Assistant/Receptionist 38
Job Description Uniforms & Non-Uniform Personnel 39
Policy Review Committee 40
Bloodborne Pathogens 41
Job Description LIDS/Computer Tech. 42
Job Description Records Clerk 43
Job Description Jail Classification Clerk 44
Job Description Control Room Operator 45

3. LAW ENFORCMENT OPERATIONS

Limits of Authority 46
Jurisdiction/Mutual Aid 47
Community Relations 48
Search Warrants 49
Field Interviews; Stop/Frisk 50
Arrests 51
Search Incident to Arrest 52
Emergency Custody 53
Use of Handcuffs/Restraints 54
Prisoner Transports 55
Emergency Vehicle Operations 56
High Speed Pursuit 57
Patrol 58
Traffic Control Techniques 59
Traffic Law Enforcement 60
Traffic Check Policy 61
Tire Deflation Device Deployment 62
Blood Drawn/Blood Alcohol 63

Towing/Wreckers 64
Vehicle Inventory/Impoundment 65
Missing Persons 66
Lineups 67
Property/Evidence Control 68
Follow-Up/Case Assignment 69
Informants 70
Disposal of Unclaimed Property 71
Alarm Responses 72
Law Enforcement Officer Field Training (FTO) 73
Child Abuse 74
Sexual Assault 75
Domestic Violence 76
Juvenile Procedures 77
Hostages 78
Bomb Threats 79
Serious Incidents 80
Radar Policy 81
K-9 Policy 82
Seat Belt Policy 83
Bike Patrol 84
A Child is Missing 85

4. Unusual Occurrences 86
Civil Disturbances 87
Disasters 88
Salutes 89
Color Guard Team 90
Reserved 91
Reserved 92
Reserved 93
Reserved 94
Reserved 95

5. TECHNICAL SERVICES

Report Writing 96
Turning in Reports on Time 97
Consular Notification 98
Automated Exterior Defibrillator 99
Reserved 100
Reserved 101
Reserved 102

6. Officer’s Response To Resistance 103


Use of Force-Discipline/Liability 104
Use of OC Foam 105
Firearms 106
Use of Force-Investigation 107
Medical Treatment 108
ERT 109
Urban Patrol Rifle 110
Taser X26 111
Less Lethal Munitions 112
Naloxone (Narcan) 113
Reserved 114

7. OTHER AREAS

DARE 115
Fire & Rescue Relationships 116
Crime Prevention 117
Drug Task Force 118
Major Crime Scene Response Team 119
Animal Control 120
Courtroom Security 121
Mobile Video/Audio Recording Equipment 122
Ride-A-Longs 123
Body Worn Cameras (BWC) 124
Mobile Data Terminals (MDT) 125

8. SHERIFF’S CLOSING STATEMENT 126


ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 1 EFFECTIVE DATE: 11/05/09

SUBJECT: ESTABLISHMENT OF DEPARTMENTAL MANUAL

A. Authority – The Departmental Manual of the County of Alleghany


Sheriff’s Office has been developed under the direction and by the
authority of Sheriff Kevin W. Hall and takes precedence over other
regulatory directives.

B. Purpose – The purpose of the Departmental Manual is to promote


efficiency, discipline, and uniformity of action toward the attainment
of established goals and objectives. However, it is not possible to
prepare a manual that will cover every situation that may arise during
the execution of your official duties. Much, of necessity, must be left
to your intelligence and discretion, and an earnest effort made to
always exercise the best judgment possible. That is why it is most
urgent for each appointee of the Alleghany County Sheriff’s Office to
familiarize themselves with the policies, procedures, rules and
regulations contained within this publication.

NOTICE: These rules or regulations are for internal use only, and do not enlarge an
officer’s civil or criminal liability in any way. They should not be construed as the
creation of a higher standard of safety or care in an evidentiary sense, with respect to
third party claims. Violations of these directives, if proven, can only form the basis of a
complaint by this department, and then only in a non-judicial administrative setting.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER #2 EFFECTIVE DATE: 05/01/04

SUBJECT: ADMINISTRATIVE TERMS AND DEFINITIONS

APPOINTMENT – The designation of a person by the person or persons having


authority therefore, to discharge the duties of some office or assignment within the
Sheriff’s Office.

APPROVED – The review and permission granted by an officer whose rank is sufficient
to render a decision, has such authority by departmental policy or whose job description
provides for such decision.

ASSIGNMENT/TRANSFER – Any personnel placement made by direct order of the


Sheriff.

AUTHORITY – The lawful delegation of power by one person to another; a right to


command or act.

CHAIN OF COMMAND – That Department policy which places at each rank the
authority and responsibility to perform, or require to be performed, assigned duties and
responsibilities within the requirements of Federal and State statues, County ordinances,
and Department procedures, policies rules and regulation.

The progression by which orders or information is issued from superiors to subordinate


personnel and information is channeled from subordinate to Superior personnel.

COMMAND OFFICER – A superior officer designated by the Sheriff to supervise and


command a particular organizational unit of the Sheriff’s Office and is the officer who is
actually in charge of that unit. In the absence of the unit commanding officer, the next
ranking officer present, by chain of command, will assume command to act in his
capacity unless otherwise designated by the Sheriff or unit commanding officer. All
authority, responsibilities and duties of the higher rank applies to the acting member.

COMMAND STAFF – Officers of the rank of Sergeant or above or other officer so


designated by the Sheriff, who assist the Sheriff in an advisory capacity in regard to the
operation of the Sheriff’s Office.
COMMUNICATIONS OFFICER – Communications officer shall mean any person,
whether a sworn or non-sworn employee or the County of Alleghany whose duties
require him/her to be assigned to the radio-telephone communications center.

DENTIST – One who is skilled and licensed to practice the prevention, diagnoses and
treatment of diseases, injuries and malformations of the teeth, jaws and mouth and one
who makes and installs false teeth.

DEPARTMENT – Department shall mean the Sheriff’s Office of the County of


Alleghany, Virginia.

DISOBEDIENCE OF ORDERS – The disobedience of any order lawfully issued by a


superior officer or any disrespectful, mutinous, insolent behavior or abusive language
directed toward a superior officer.

DOCTOR – A physician or surgeon licensed to practice his/her profession and one


skilled or specializing in healing arts and practicing medicine.

DRUG/CONTROLLED SUBSTANCE – A substance used as medications or intended to


affect the structure or function of the body. A substance that causes addiction or
habituation either physical or psychological. A drug subject to legal restrictions.

GENDER – Formal classification by which nouns and pronouns are utilized in such a
manner as to indicate sex. Woman or she refers to feminine gender; man, or he refers to
masculine gender and it refers to neuter gender. The masculine shall include feminine
gender for these rules.

GENERAL ORDER – A permanent written order issued by the Sheriff affecting or of


concern to the entire department.

GOAL – The desire state of affairs and purpose which the department attempts to realize.

INCOMPETENCE – Lack of ability, legal qualification or fitness to discharge the


required police duties.

INSUBORDINATION – Disobedience to constituted authority. Refusal to obey some


order which a superior officer is entitled to give and have obeyed. Insolent behavior or
derogatory language directed toward a superior.

INTOXICANT – Something that intoxicates, such as alcohol or a drug.

INTOXICATED – To excite or stupefy by alcohol or drugs to the point where physical


and mental control is diminished. Having the faculties impaired by alcohol or drugs.
LINE FUNCTION – Represents authority and refers to elements which perform the basic
police work such as patrol, traffic enforcement and investigations.

MALFEASANCE – Any wrongful conduct that affects, interrupts or interferes with the
performance of official duties.

MAY – The word “MAY” as used herein shall mean that the action indicated is
permissive.

MEDICAL EXCUSE – A written form filled out and signed by an attending Doctor or
Dentist stating that an Officer cannot perform his/her assigned duties. The excuse may
also be required to state when an Officer can return to regular duty. An excuse for the
treatment of bodily functions provided by other than a Doctor or Dentist shall be
evaluated by the Sheriff or Commanding Officer on an individual basis to determine
merit

MEMO/MEMORANDUM – Publication to disseminate information or instructions


which do not warrant a formal order. Orders or request for action on memos are to be
obeyed as soon as possible.

MISFEASANCE – The improper performance of some act which an officer may lawfully
do.

NEGLECT OF DUTY – Failure to give suitable attention to the performance of duty.


Failure to take appropriate action on the occasion of a crime, accident, disorder or other
act or conditions deserving police attention. Failure to perform duties. Failure to know
or comply with department procedures, rules, regulations or orders.

NONFEASANCE – The omission of an act which should have been done as a police
officer, failure to perform your sworn duty.

OBJECTIVE – A desired end for which resources are expended and which, if attained,
fulfills the purpose of the department.

OFF-DUTY – That period of hours of the day when an appointee or employee is not
actively engaged in the performance of duty.

OFFICER – Any appointee of the Alleghany County Sheriff’s Office serving in a sworn
capacity. The term “officer” is a generic term and applies to all sworn police officers.

OFFICER-IN-CHARGE – Officer-in-charge shall mean that officer regardless of rank


who is responsible for the operation of a division, action, platoon, team or unit, whether
temporary or permanent. The Sheriff or Commanding Officer assign officers-in-charge.

ORDER – A lawful instruction, either written or oral, given by a ranking officer to a


subordinate requiring prompt obedience.
ORGANIZATION – The administrative and functional structure of the Sheriff’s Office.

PROCEDURE – The official method of dealing with any given situation as prescribed by
departmental orders, policies, procedural manual, training orders, rules and regulations or
other printed or oral directives.

SHALL/WILL – Indicates that the action is mandatory.

SICK LEAVE – That period of time which an officer is excused from duty while
afflicted with an illness or injury.

SPECIAL ORDER – Written order by the Sheriff or Commanding Officer relating to


some specific circumstance which may or may not affect the entire department.

STAFF FUNCTION – Represents support of the line function to include auxiliary


services, training, records and planning and research.

STRIKE – The concerted intentional failure to report for regularly scheduled duty,
unauthorized absence from one’s sworn duty or reigned illness or injury unsubstantiated
by a Doctor or Dentist for the abstinence in whole or in part from faithful performance of
duties for the purpose of inducing or coercing change in conditions or compensation.

SUPERIOR OFFICER – An Officer holding a higher rank or position; to include officers


of the same rank with longer service in that grade.

SUPERVISOR – Members of the department who are given authority by rank or the
Sheriff to administer supervisory responsibilities over officers of lower or the same rank.

TRAINING ORDER – An order related to training issued by the Sheriff or his designee
requiring compliance. A specialized order requiring an officer to attend specified
training or meetings to enhance proficiency in the police profession.

WORK/JOB ACTION – The concerted intentional change in normal work performance,


either a stoppage, speed-up or slow-down in police performance for the purpose of
inducing or coercing change in conditions or compensation.

.
ALLEGHANY COUNTY SHERIFF’S OFFICE

268 WEST MAIN STREET


COVINGTON, VA 24426

GENERAL ORDER #3 EFFECTIVE DATE: 02/16/2018

CHAIN OF COMMAND
Sheriff

Chief Deputy

Patrol Captain DARE Civil Process Clerk Secretary Animal Control

Patrol Lieutenant SRO

Patrol Sergeant

Patrol Corporal

Patrol Deputy Auxiliary Deputy

___________________________________________________________________________________________

Sheriff

Chief Deputy

Jail Administrator

Chief Jailor

Jail Lieutenant LIDS Tech Jail Clerk Inmate Work Crew Cooks Court Bailiff

Jail Sergeant

Jail Corporal Jail Medical Staff

Jail Deputy

Sheriff

Chief Deputy

Patrol Captain

ERT Commander Chief Criminal Investigator DTF Investigator

ERT Operator Criminal Investigator


_____________________________________________________________________________________________

SHERIFF

CHIEF DEPUTY

E911 COORDINATOR

E911 DISPATCHER SUPERVISOR

E11 DISPATCHER
ALLEGHANY COUNTY SHERIFF’S OFFICE
268 WEST MAIN STREET
COVINGTON, VA 24426

GENERAL ORDER # 4 EFFECTIVE DATE: 06/01/17

OFFICE MISSION

POLICY

The focus of this Sheriff’s Office is to provide to the citizens of Alleghany County a
responsive, coordinated law enforcement agency, to preserve law and order, to enforce
criminal, traffic, and regulatory laws, to meet goals and objectives of the Sheriff’s Office,
and to provide security and safety services in the most efficient and effective manner.
The department is established by law under C.O.V. 15.1-137, 15.1-143.1.

PURPOSE

Each deputy and employee shall be responsible for the proper performance of duty,
enforcement of the law, procedures of proper patrol, investigation of crime, and
protection of life and property.

GOALS

To accomplish this purpose, the appointees of the Department are dedicated to achieving
the following goals:

 To identify crime offenders and criminal activity and, when appropriate, to


apprehend offenders and participate in subsequent court proceedings.
 To prevent the commission of crimes by reducing the opportunities for such
crimes.
 To create and maintain a feeling of security in the community.
 To provide for a safe and constitutionally acceptable environment for persons
being detained while awaiting trial or serving sentences.
 To facilitate the movement of people and vehicles.
 To provide a level of court services that encourages the efficient operation of both
the civil and criminal justice.
 To provide a management environment that facilitates achieving Sheriff’s Office
goals while providing for the career needs of its employees.
 To provide a vehicle for the provision of non-criminal service demands.
ORGANIZATION

1. THE OFFICE OF THE SHERIFF WILL BE COMPOSED OF THE SHERIFF


WHO WILL:
a. Be elected by and directly responsible to voters of Alleghany County
b. Have ultimate responsibility for administration, command and external
relations of the Sheriff’s Office.
c. Develop and propose such programs and policies to the County Board of
Supervisors, State Compensation Board, and Department of Corrections as
he deems necessary to maintain a modern, efficient and effective
Department.
d. Develop, present and justify budget estimates for office operations of the
Sheriff’s Office.
e. Submit annually to the County Board of Supervisors, State Compensation,
and Department of Corrections a written report covering the operations of
the Sheriff’s Office.
f. Maintain high standards of confidence through instruction and training for
and by members and appointees of the Sheriff’s Office as he may deem
necessary.
g. The Chief Deputy, or supervisor of such rank as may be identified by the
Sheriff, is second in command to the Sheriff and shall assume the
authority of and act the Sheriff in his absence.

2. THE UNIFORM DIVISON WILL:


a. Be commanded by a supervisor of such rank as may be identified by and
be responsible directly to the Sheriff or Chief Deputy and be composed of
two bureaus
The Patrol Division will have as its mission:
 Preventing crime
 Enforcing laws
 Protecting life and property
 Preserving the peace
 Apprehending criminals
 Other duties as prescribed by the Sheriff

The Civil Division will have as its mission:


 Service of Civil Process
 Security of the Courthouse, Courtroom and Environs
 Other duties as prescribed by the Sheriff

3. THE CORRECTIONS DIVISON


a. Be commanded by the Jail Administrator of such rank as may be identified
by and report directly to the Sheriff or Chief Deputy.

The Corrections Divisions will have as its mission:


 Security of the jail facility and those confined within
 Providing humane and constitutionally acceptable levels of care for
each inmate
 Delivery of a program of rehabilitation services
 Other duties as may be prescribed by the Sheriff

b. Shall have such number of appointees may be established by the Sheriff.

4. THE CRIMINAL INVESTIGATIONS DIVISION WILL:


a. Be commanded by such person as may be identified by and be directly
responsible to the Chief Deputy or Sheriff
b. Be responsible for:
 Conducting criminal investigations assigned by proper authority
 Final dispositions of all cases assigned to it for follow up
investigations
 Coordinating with other law enforcement agencies,
investigations which extend beyond the county limits
 Searching crime scene when called by patrol units for the
collection and preservation of any evidence that might have a
bearing on the crime and its disposition in the courts
 Taking, classifying and preserving fingerprints
 Collecting (or receiving), storing, protecting, releasing and
disposing of property and evidence

c. Shall have such number of appointees and members as may be established


by the Sheriff.

5. THE COMMUNICATION DIVISION WILL:


a. Be commanded by the E911 Coordinator who shall be identified by report
directly to the Sheriff or Chief Deputy.
b. Be responsible for:
1. Acting as the communication link between the:
a. Public and field units
b. Field units and various sources of information or
services relevant to the Office’s assigned task

2. Receiving incoming calls requesting law enforcement or


emergency service, evaluating the nature of the calls, and
assigning them to field units when appropriate.
c. Be divided into such work schedules as deemed necessary by the Sheriff.
d. Shall have such number of appointees as may be established by the
Sheriff.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 5 EFFECTIVE DATE: 06/01/17

WORK HOURS*BREAKS*TRADE*TRAVEL*MILEAGE

I. WORK HOURS
The FLSA holds any employer responsible for work which is required, requested,
“suffered” or allowed. Work is “suffered” by the Sheriff if the Sheriff knows or has
reason to now that it occurs, even if the Sheriff has not requested the appointee to do
the work. Therefore, if the Sheriff knows, or has reason to believe, that an appointee
is working “off the clock”, overtime obligations may occur. It is the policy of the
Alleghany County Sheriff’s Office that no “off the clock” work is done without the
approval of the Sheriff, Chief Deputy or Jail Administrator.

II. TRADES
Trades shifts do no count toward overtime calculations. IF two or more employees
agree to trade shifts, and, as a result, one or more works overtime, the voluntary trade
of time does not count as hours worked for calculating overtime. The Sheriff may
not encourage or coerce trading in order to circumvent the overtime laws. Whenever
employees trade shifts, a trade form indicating that they have mutually agreed to it
should be submitted to their respective division administrator. If the schedule is
adequately covered no trade request shall be denied.

III. TRAVEL TIME


Travel time is included as “work time” when it is for “extra pay” duty assignments,
training at Academy sites, schools, or departmental meetings.

IV. BREAKS/LUNCH
Short work breaks are not excluded in determining the hours worked. An appointee
can take two fifteen minute breaks during the work day. The hours worked are not
reduced by the breaks taken. Breaks are deemed a benefit to the appointee and
Sheriff’s Office because they increase efficiency. Lunch breaks of more than 30
minutes are excluded from the work day. If the appointee has any potential
responsibilities that keep the lunch break from being his or her own, the lunch break
is counted as time worked.

V. REIMBURSEMENT FOR MILEAGE/MEALS


Reimbursement will be provided for such schools and training that are considered
mandatory to maintain employment or such training that may be assigned to you by
the Sheriff. Reimbursement is not provided for such schools and training that are not
necessary to maintain employment (i.e. special seminars, conferences, etc.). Master
Deputy personnel must obtain the required training necessary to maintain their
Master Deputy status without any money or assistance from the Sheriff or any
personnel employed by the Alleghany County Sheriff’s Office
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 7 EFFECTIVE DATE: 06/01/17

VACATION * COMPENSATORY TIME * PERSONNEL HOLIDAY * OTHER LEAVE

I. Policy
It is the policy of the Alleghany Sheriff’s Office to allow personnel to utilize
their leave time at their own convenience as long as efficient and safe
operations of the Sheriff’s Office are not compromised, as well as to establish
guidelines for personnel concerning the amount of vacation, compensatory
time, personnel holiday and other leave each person is permitted.

II. Vacation
Vacation is earned in one calendar year and taken the next calendar year. The
amount of vacation is based on the number of years service and your
anniversary date of the year hired. An appointee does not receive vacation
time during the calendar year they are hired. Only permanent full time
personnel are eligible for vacation.
A. Vacations:
1st Year………………………0 Vacation Days
1 – 4 Years…………………..112 hours if anniversary date is prior to July 1st
5 – 14 Years…………………168 hours if anniversary date is prior to July 1st
15 – 19 Years………………..224 hours if anniversary date is prior to July 1st
20 – 25 Years………………..8 additional hours per year after anniversary
date
The number of vacation days is based on the appointment date to a full time
position with the Alleghany County Sheriff’s Office. For those employees
that have their anniversary date fall from July 1st to December 31st, they will
receive 32 hours vacation for that year and receive their additional 24 hours
the following year.

B. Vacation will be approved on a rank & seniority basis. The dates for
annual leave shall be approved by the Sheriff. Vacations will be selected
on or before March 15 of each year. Request received after the date which
includes vacation date changes, will be on a first come first served basis
and must be approved by the Sheriff. Vacation changes are discouraged
due to scheduling problems and will only be approved for an emergency
situation.
C. Minimum vacation to be taken at one time will be one week, unless
otherwise approved by the Sheriff. The Sheriff will approve or deny the
vacation request when selected.
D. The Sheriff will approve the request if:
a. Staffing levels can be met to insure efficient and safe operations of
the sheriff’s office;
b. There is no conflicts, such as required training, seminars or
meetings;
c. The Chief Deputy will post the selected dates if approved;
d. The Sheriff will keep a file on all selected vacations;

III. Compensatory Time


Compensatory time will be approved by the sheriff or his designee and should
be requested in advance by a written compensatory time request form.
Personnel are asked to consult the schedule to see that the date and dates are
available or can be filled before a request is submitted. Compensatory time
can be approved with less than 10 days notice for good cause or an emergency
situation only. The reason for the exception must be included with the written
request and approved by the Sheriff or his designee.
The Sheriff reserves the right to assign compensatory time if the balance of
time reaches an unusual high number. The balance of 80 hours or more shall
be considered a high number. Personnel can request pay for overtime worked
in place of compensatory time if they so desire. The Sheriff’s Office may, at
its discretion, buy back compensatory time at the member’s regular hourly
rate.
1. K-9 Policy
a. K-9 Officers will receive extra hours each cycle for dog care and
maintenance. These hours may be compensated by pay or
compensation time. A memorandum of understanding between the
Sheriff and the K-9 Officers shall govern how this law enforcement
section of the Sheriff’s Office is administered and how compensation
is established.

IV. Personal Holiday


Each full time employee is allowed one personal holiday each calendar year.
The selection for the personal holiday will be made at the vacation selection
time. Personal holiday will be selected on a seniority basis on the selection
date. All personal holidays selected after the selection date will be on a first
come first served basis. All personal holiday must be selected before June 1
of each year. Personal Holidays are selected after the vacation selection is
approved. Part time personnel are not eligible for personal holiday.

V. Other Leave
A. Maternity Leave
Personnel may use sick leave or leave without pay during the period of
maternity. Only that period of absence during which personnel is certified
by a physician to be disabled immediately prior to and following delivery
may be charged to sick leave. The Sheriff will require personnel to
provide a physician’s certificate. Sick leave for maternity leave will be
used as stated in the sick leave policy.
B. Funeral Leave
Permanent personnel may be granted funeral leave for death in the
immediate family. Immediate family is defined spouse, children, parents,
step parents, brother, sister, grandparents, mother in law, father in law, or
relative living within the immediate home. One day funeral leave may be
allowed for distant relatives or in-laws for the purpose of attending a
funeral. Such leave must be approved by the Sheriff. Funeral leave shall
be up to three work days but is not necessarily guaranteed if the appointee
is already off or on permitted leave. A case by case basis may be applied
to assure the appointee’s needs are met.
C. Military Leave
Personnel who receive military orders to appear for a physical
examination shall be given the required time off with pay, not to exceed
the time necessary for the examination, usually one day. Personnel shall
be granted a leave of absence without loss of vacation or sick leave for
annual active duty training as a member of a reserve unit of the armed
forces for a period not exceeding 15 calendar days. If called to active duty
under orders of the Governor in an emergency you will receive full pay
during the period of absence.
D. Separation
Personnel separating from the Alleghany Sheriff’s Office will be
compensated for accumulated vacation. The compensation will be either
vacation time off or pay at the rate of the personnel’s rate at the time of
separation. Vacation time must be approved by the Sheriff and must not
interfere with the efficient and safe operation of the Sheriff’s Office. The
time off or pay will not be received until all department equipment has
been returned and the sheriff is satisfied that there are no outstanding debts
owed to the department.
All personnel must be give at least a 2 weeks notice of resignation.
E. Overtime
Overtime pay may be granted only in the pay period the overtime is
worked. Otherwise, it is satisfied with compensatory time. Off-duty work
such as sports events, dances, or lake patrol does not count in calculating
overtime. Requests for compensatory time should be made one week prior
to day requested. The work schedule, work load, staff availability, and
other office management considerations will affect compensatory time
approval. Overtime must be approved by a shift supervisor prior to it
being worked. Law Enforcement and Correctional Officers work a 28
cycle with 160 hours in each cycle. Overtime from 161 to 171 hours will
be straight time. Overtime over 171 hours will be at time and a half.
Support Staff works a 40 hour week. Overtime begins at 41 hours and is
returned at time and a half.
F. Administrative Leave
The Sheriff may assign a member to administrative leave during an
administrative investigation of a member, or the investigation of a criminal
allegation against a member. Administrative leave may be with or without pay at
the discretion of the Sheriff. When assigned to unpaid administrative leave the
member shall not accrue leave time.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 8 EFFECTIVE DATE: 06/01/17

SICK LEAVE

SICK LEAVE
Sick leave benefits are a privilege granted by the Sheriff to every regular full-time
employee of the Alleghany County Sheriff’s Office. Sick leave is not earned in the sense
that it must be taken. It is accrued and is available when justified, but may not be taken
after the end of the month in which it is earned. Any appointee on personal sick leave of
any nature is expected to remain at their place of residence unless acquiring medical
treatment or unless prior approval has been given by their division commander to
recuperate elsewhere.

The Alleghany County Sheriff’s Office reserves the right to require a doctor’s certificate
to support the claim of an appointee for sick leave in the event of absence on sick leave.
Such a certificate is mandatory for leave over three consecutive work days. Failure to
produce a valid doctor’s certificate when required will result in each incidence of absence
being considered an unexcused absence, subject to the disciplinary actions and penalties
prescribed in the Rules of Conduct and Disciplinary Actions of this manual.

Sick leave will be denied to any employee who is found guilty of making a false
statement of sickness. Such a false statement may be cause for dismissal. Exceptions to
this policy depend on the nature of the sick leave and must be approved by the Chief
Deputy, Jail Administrator or Sheriff.

FORFEITURE UPON TERMINATION


Upon termination from appointment to the Alleghany County Sheriff’s Office or a break
in continuous service, all sick leave shall be forfeited for which no cash payment will be
made. This policy applies to voluntary and involuntary termination except in the case of
retirement.

Sick leave benefits shall be granted for the following reasons:

 ABSENCE OF APPOINTEE DUE TO PERSONAL ILLNESS OR INJURY:


Illness or injury incapacitating the appointee to perform assigned duties;
emergency doctor or dental appointments during working hours; exposure to
contagious disease such that the employee’s presence on duty would jeopardize
the health of fellow workers on the job.
 ABSENCE OF APPOINTEE DUE TO ILLNESS OR INJURY IN IMMEDIATE
FAMILY:
Emergency leave for illness or injury in the immediate family requiring the
attendance of the employee. Immediate family is defined as an employee’s
spouse, children, parents, brother, sister, or other relatives living in the household.
Use of sick leave by the employee for this purpose may not exceed the
employee’s limits of accrued sick leave.

Employees who wish to utilize sick leave benefits for personal illness or illness of an
immediate family member must notify the Alleghany County Sheriff’s Office as soon as
possible prior to the normal beginning time of work and not later than two (2) hours prior
to each day sick leave benefits are utilized in order to be excused. An employee who has
used three (3) consecutive sick leave days shall be required to submit a doctor’s
certificate for an excused absence. If sick leave absences recur frequently or habitually, a
doctor’s certificate may be required for any sick leave benefit taken. The doctor’s
certificate shall include:

1. Date of appointment with doctor;


2. The nature of the employee’s or immediate family member’s condition or specific
name of illness;
3. The approximate anticipated date of medical release by the doctor; and
4. The expected date on which the employee will be able to return and perform
normal work duties.

Regular full time employees shall earn sick leave at the rate of eight (8) hours per month.
The 8 hours sick time will be placed in each person’s sick leave pool on the last day of
each month.

Accumulation of sick leave benefits may accrue up to a maximum of 960 hours. No


payment is made for unused sick leave benefits at the time of retirement or termination of
employment.

MEDICAL APPOINTMENTS:
Employees are encouraged to schedule routine medical appointments on scheduled off
days or other times that do not interfere with the work schedule. Employees may use
accumulated sick time for emergency doctor or dental appointments.

CATASTROPHE ILLNESS:
A catastrophe illness is one that requires an employee to be absent from work for an
extended period of time. An extended period of time is defined as a period that exceeds
the number of sick days a person has in their personal sick leave pool. All personal sick
leave and compensation time must be taken before applying for catastrophe sick leave.
In order to accommodate employee needs for catastrophe illness, a catastrophe illness
sick leave pool will be established.
The pool will be built in the following manner: All employees will have the opportunity
to donate to the pool. Donations to the pool can be made by completing a donation form
and presenting it to the Sheriff. Once the hours are donated, they will remain in the pool
and only used when approved by the appointee committee. Donated hours will come
from each employee’s personal accumulated sick leave hours.
Catastrophe illness sick leave must be requested and a catastrophe illness committee
appointed to review the request and make the final decision on whether the request is
granted. The maximum number of catastrophe sick leave days an employee can request
is 45 days. The committee will determine the number of days granted to the requesting
employee. The committee will be a four (4) member panel with two (2) being appointed
by the Sheriff and two (2) appointed by the requesting employee.

Catastrophe requests must include a completed catastrophe illness form and a physician’s
certificate stating the extent of the illness or injury. The request must have the number of
days requested. The committee has the range of 0 to 45 days they can allow.

All catastrophe illness requests will be turned in to the Sheriff. The committee will be
appointed and will meet as soon as possible, not to exceed five days. The committee will
file their final report with the Sheriff immediately following the meeting.

Catastrophe requests will only be accepted after all personal sick leave, vacation time,
and compensation time has been used.
ALLEGHANY COUNTY SHERIFF’S OFFICE

CATASTROPHE ILLNESS SICK LEAVE REQUEST FORM

DATE:_________________________________________________________________

NAME:________________________________________________________________

TYPE OF ILLNESS:______________________________________________________

REASON FOR REQUEST:_________________________________________________


______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

DATES REQUESTING:___________________________________________________

NUMBER OF DAYS REQUESTING:________________________________________

EMPLOYEES YOU WISH TO PLACE ON THE REVIEW COMMITTEE:


1.________________________________2.___________________________________

ADMINISTRATION COMMITTEE:
1.________________________________2.___________________________________

I, __________________________________, have used all my personnel sick leave, vacation


time, and compensation time. I request the above dates for catastrophe sick leave days.

Please attach a copy of the physician’s certificate and submit to the Sheriff.

______________________________________________
Signature of employee

SICK LEAVE DONATION FORM


NAME:_________________________________________________________________

DATE:____________________NUMBER OF HOURS DONATED_________________

I understand that I am donating ____ hours of sick lave from my personal sick leave pool for the
Catastrophe Sick Leave Pool. The hours will remain in the Catastrophe Sick Pool until approved
for use by the committee appointed.

___________________________________Signature of personnel donating the sick leave hours.

________________________________________________________
Signature of Sheriff & Date
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 9 EFFECTIVE DATE: 05/01/04

FAMILY & MEDICAL LEAVE

FAMILY AND MEDICAL LEAVE:


It is the Sheriff’s Office policy to ensure personnel the right to Family Medical Leave
Act. This policy established the rights and obligations of this office and its personnel
with respect to leave necessary for medical care of personnel and their families.

Qualifications for Leave: Personnel must have been employed with the Alleghany
Sheriff’s Office for at least 12 months and have worked at least 1,250 hours in the year
preceding the date the personnel seek to start the leave.

Available Leave: Eligible personnel are entitled to take up to 12 weeks unpaid leave
during the 12 months of the calendar year for the following purposes:

 CHILD CARE: Leave may be taken because of the birth, adoption, or foster care
placement of a child in order to care for the child. Childcare leave must be
concluded within 12 months from the date of birth, adoption or foster care
placement. Childcare may be taken intermittently. Parents who are both
personnel of this office and who are eligible to take leave are entitled to take a
combined 12 weeks leave for childcare purposes under this policy. Personnel
who anticipate taking leave under this policy are required to provide notice of
their intent at least 30 days prior to the date leave is anticipated to begin, or such
notice as is practicable if leave becomes necessary before such 30 day notice may
be given.
 FAMILY CARE: Leave may be taken to care for son, daughter, spouse, or parent
who has a serious health condition. A serious health condition is one that requires
inpatient treatment, which causes an absence from work, school, or normal
activities for more than 3 days and requires treatment by or under the direction or
supervision of a health care provider on two or more occasions. Personnel
requesting leave under this policy must present a certification from a health care
provider containing the date on which the serious health condition commenced,
the probable duration of the condition, the appropriate medical facts regarding the
condition, a statement that the personnel is needed to care for the family member,
and an estimate of the amount of time such care will be required. Personnel
taking leave under this policy may take the leave intermittently upon production
of a health care provider’s certification that the intermittent leave is necessary for
or will assist the care of the family member and that provides the dates and
duration any treatment and leave is expected. Personnel may be reassigned to an
alternative position, with equivalent pay and benefits that better accommodates
the recurring periods of leave if approved by the Sheriff. Personnel who
anticipate taking leave under this policy are required to provide notice of their
intent at least 30 days prior to the date leave is anticipated to begin, or such notice
as is practicable if leave becomes necessary before such 30 days notice may be
given.
 SELF CARE: Leave may be taken when the personnel is unable to perform the
essential functions of the position that the personnel holds. Personnel seeking
leave for self-care must have a serious condition as defined in the Family Care
paragraph. Personnel requesting leave under this paragraph must provide a
certification from a health care provider containing the date the serious health
condition commenced, the probable duration of the condition, the appropriate
medical facts regarding the condition, and a statement that the personnel is unable
to perform the essential functions of the position. Personnel seeking the
certification must provide the health care provider with departments written job
description and/or list of essential functions of the position. Personnel taking
leave under this policy may take the leave intermittently; upon production of a
health care provider’s certification the intermittent leave is medically necessary
and the duration of the leave. Personnel who elect to use the available leave on an
intermittent basis must try to schedule the leave to minimize disruption to normal
operations of his department. A personnel may be reassigned to an alternative
position with the equivalent pay and benefits that better accommodates the
recurring periods of leave if approved by the Sheriff. Failure to provide the
required certifications under this policy may result in denial of the leave or the
request for leave on an intermittent basis.

USE OF ACCRUED PAID LEAVE:


Child and Family Care: Personnel taking leave upon the birth, adoption, or placement of
a foster child may elect to use accrued vacation, personnel holiday, compensation hours,
or 96 hours sick leave each calendar year (pooled sick leave may not be used under this
policy) prior to taking unpaid leave.
Self-Care Leave: Personnel unable to perform the essential functions of their job and
request leave under this policy may elect to use accrued vacation, personnel holiday,
compensation hours, or the 96 hours sick year each calendar year prior to taking the
unpaid leave. An employee may not accrue sick leave during FMLA leave.

BENEFITS WHILE ON LEAVE:


During any period of unpaid leave under this policy, a personnel’s group health insurance
coverage will be maintained at the same level and under the same conditions as before
the unpaid leave began.
Personnel who normally make a contribution toward their health insurance coverage must
continue to do so. If on paid leave, the personnel’s contribution will be collected in the
same manner as if the personnel were reporting to work. During periods of unpaid leave,
the personnel must arrange with the Central Accounting office, prior to commencement
of leave, for payment of the personnel’s share of the premium.
A personnel who does not return to duty from unpaid leave under this policy for at least
30 calendar days will be liable for the department’s group health insurance premium
contribution and any part of the personnel’s share paid by the department, unless the
failure to return to duty is caused by continuation, recurrence, or onset of a serious health
condition that would entitle the personnel to leave under this policy or for circumstances
beyond the personnel’s control. Where recovery of premiums is permitted, the
department shall be entitled to set off the amount against any final pay or monetary
benefit to which the personnel would otherwise be entitled.
Personnel will not accrue any seniority or employment benefits during any period of
unpaid leave, except continuous coverage for retirement purposes after eight (8) hours of
such leave is taken.

RETURN TO DUTY:
Upon return to duty, a personnel is entitled to restoration to the former position or an
equivalent position with equivalent pay and benefits.
A personnel who has taken leave for self care under this policy will be required to present
a certification of fitness for duty from a health care provider prior to commencement of
work. Failure to provide the certification may cause denial of reinstatement.
If there are two (2) conflicting medical opinions, an examination by a third health care
provider, mutually agreed on by the Sheriff and the personnel, may be required. The
expense of the third examination is to be borne by the Sheriff’s Office, if not covered by
insurance, and the opinion shall be binding.
A personnel, while under this policy, may not work another job.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 10 EFFECTIVE DATE: 05/01/04

WRITTEN DIRECTIVE SYSTEM

I. POLICY
It is essential that all employees be fully informed of all policies and procedures
of the Department. It is also essential that these policies and procedures be
formalized in written form so employees may understand what is expected of
them.

II. PURPOSE
The purpose of this order is the establish a format for written orders and
memoranda, to provide for proper preparation indexing and distribution so that all
personnel concerned are kept informed of new and revised policies and
procedures.

GENERAL ORDERS, SPECIAL ORDERS, MEMORANDUMS, AND


INFORMATION BULLETINS

GENERAL ORDER

General order rules and regulations for the government, control and discipline of this
Department shall be promulgated by General Order, such General Orders to be issued
only by the Sheriff.

1. General Orders shall be numbered consecutively and a copy issued to designated


appointee and offices for file in a binder issued by the Sheriff’s Office.
2. A General Order, or any section thereof, will be changed only by the re-issuance
of such order bearing the same number, a copy of which shall be issued to each
sworn appointee to replace the superseded order in the binder.
3. The General Order and the binder in which they are contained shall be officially
designated as the Alleghany Sheriff’s Office Manual.

SPECIAL ORDERS:

Special Orders or reassignments between or within divisions promotions, demotions, re-


assignments or removals of appointees of this Department, leaves of absence without pay
and the establishment or abandonment of duty posts will be effected by Departmental
Special Orders.

1. Departmental Special Orders shall be issued only by the Sheriff, who shall furnish
a copy to each appointee of the Department.
2. Copies of Special Orders which may affect the cooperation of this Department
with any other State or Local agency will be sent to the heat of the agency
concerned.

MEMORANDUMS:

Information that is deemed useful to appointees in the conduct of their official duties and
certain orders pending their incorporation in the Manual or cancellation shall be
disseminated by the Departmental Memorandums issued by the Sheriff. Memorandums
will be dated.

1. Copies of such Memorandums shall be furnished to all appointees of this


Department who may be affected thereby.
2. Copies of Memorandums which may affect the cooperation of this Department
with any other State or Local agency will be sent to the head of the agency
concerned.

DISTRIBUTION OF ORDERS:

Each employee of the Department shall comply with all General Orders, Memorandums,
and Informational items applicable to them, and failure to do so shall be deemed neglect
of duty or insubordination and may be grounds for disciplinary action.

1. The Sheriff may alter or waive certain regulations when necessary to conduct
official department business.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 11 EFFECTIVE DATE: 05/01/04

PERSONNEL RECORDS

I. Policy

Every appointee of the Alleghany County Sheriff’s Office, sworn and civilians,
shall have a personnel record file containing information on each person. The file
shall contain, but not limited to, entry application, background investigation
information, training certificates, reprimand forms, and any other documents as
may be deemed necessary by the Sheriff.
The individual personnel record file shall be maintained by the Sheriff
The individual personnel record file is available to the member or appointee for
review and certain personnel of the Department for official purposes. Otherwise,
individual record files are sensitive and kept in the Sheriff’s personal office in a
file cabinet. The Sheriff is responsible for the sensitive custody of the individual
personnel record file and may release a record from the file and immediate area
with a signed receipt and authorization from the Sheriff.

II. Purpose

The purpose of this order is to establish policies and procedures for maintenance
and administration of individual personnel records as well as establish a uniform
information classification system.

III. Procedure

The individual personnel file will be assembled, maintained and filed in the office
of the Sheriff. The personnel folder shall consist of official personnel forms,
general correspondence memos, reprimand forms, training forms, and any other
related material or documents.
A separate file for each person will be maintained for sick leave, performance
evaluations, and overtime/compensation time.
Each employee of the Sheriff’s Office shall be permitted to review his/her file
upon request but may not remove the record file or any material filed therein from
the immediate area.
When it is necessary for the authorized person to remove the record from the
immediate area of the Sheriff’s Office, a signed receipt shall be required wit the
receipt then filed in place of the record in the file.
When an employee terminates employment with the Alleghany Sheriff’s Office,
his/her record file and all maintained files shall be cleared and filed in a separate
section apart from the active files. All files shall remain property of the
Alleghany County Sheriff’s Office.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 12 EFFECTIVE DATE: 11/05/09

HIRING
I. POLICY
It is the policy of the Alleghany County Sheriff’s Office to obtain the best
personnel possible. To that end, the office shall practice a regimented, rigorous
selection procedure while simultaneously affording equal opportunity to everyone
regardless of race, creed, color, sex, national origin or age.

II. PURPOSE
The purpose of this order is to outline minimum hiring requirements for all
persons applying for any open position

III. PROCEDURE
A. The minimum qualifications that all applicants for the positions must meet
include:
1) Minimum age of 21 for law enforcement and correctional officers.
2) Minimum age of 18 for dispatcher, secretary, clerk, cook or any part-
time position.
3) If selected for law enforcement or correctional officer position, must
pass a medical exam conducted by a physician
4) High school graduate or equivalent.
5) Must pass a background investigation which includes a check of
school records, credit history, inquiry as to character and reputation,
health history, and a criminal records check.
a. As a requirement of appointment or re-appointment, a driver’s
history and Criminal records check will be completed by the
Sheriff or his designee at the beginning of each term.
6) Must pass an interview, if conducted.
7) Must meet any other standard as set by law (15.1-131.8, 9-169 Code of
Virginia) or by policy of the Criminal Justice Services Board.
B. The applicant must perform the following:
1) Complete a written application and submit it to the Virginia
Employment Commission or the Alleghany Sheriff’s Office if not a
current employee.
2) Arrange to appear for an interview, if requested by the Sheriff.
C. The Sheriff or the interview committee chosen by the Sheriff shall:
1) Interview all selected applicants and make the final decision
2) Ensure that the applicant fully understands the selection process and
condition and procedures for re-application
3) Ensure that the appointee understands job benefits, health plans,
administrative matters concerning overtime and off-duty employment
plus conditions of employment, pension and disability
D. Re-application: Unsuccessful applicants may re-apply at any time a
vacancy exists.
E. The final decision rests with the Sheriff who may rely on the
recommendation of the interview committee.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 13 EFFECTIVE DATE: 05/01/04

MEDIA RELATIONS

I. POLICY

The Alleghany County Sheriff’s Office should make every reasonable effort to
serve the needs of the media in informing the public about crime and other law
enforcement problems. This should be done with an attitude of openness and
frankness whenever possible. The media should have access in a department to
personnel who are fully informed about the subject of a press inquiry. Further,
they should be told whatever will not infringe on a person’s right to a fair trial,
impede a criminal investigation, imperil a human life, or seriously endanger the
security of the people.
In all other matters dealing with the media on current news, every member of the
department should make every reasonable effort consistent with accomplishing
the department task in providing the media representatives with full and accurate
material.

II. PURPOSE

The purpose of this order is to provide guidelines as to types of information which


may be released to media representatives, to specify some types of information
which may not be released, to identify who may release information, and to
establish procedures for media relationship with the department.

III. PROCEDURE
A. General:
1. The Department is committed to informing the community and the news
media of events within the public domain that are handled by or involve
the department.
2. The public information function includes:
a. Assisting news personnel in covering routine news stories, and at
the scenes of incidents.
b. Responding to news media inquires, in person or telephonically.
c. Preparing and distributing news releases.
d. Arranging for news conferences, as required or requested
e. Releasing information about victims, witnesses, and suspects as
allowed by law.
f. Coordinating and authorizing release of information concerning
confidential departmental investigations and operations.

3. All employees of the Department have individual responsibilities


concerning the release of information
4. The Sheriff will function as the primary contact for information
dissemination to the community and media.
5. Inquires concerning departmental policies, procedures, practices or
relationships with other criminal justice agencies will be referred to the
Sheriff. Similarly, the Sheriff will coordinate all responses to inquires or
release information pertaining to department involvement with other
public service agencies (e.g., fire department, medical examiner,
Commonwealth Attorney, etc.).
6. The Sheriff shall coordinate responses to inquiries and release of
information concerning confidential departmental investigations and
operations.
B. Information may be released as follows:
1. The Sheriff, or his designee, who has information and facts concerning a
particular crime or incident may release information. The designee at the
scene with the most information will respond to requests. Where several
officers have information, the designee shall serve as the media contact
gathering information from the others.
2. In the case of a follow-up investigation, the officer or investigator
conducting the follow-up should provide the Sheriff with the information.

C. Information not releasable – the following information will not be released


due to the 6th Amendment, statutory, or other restrictions:
1. The identity of a victim of a sex-related crime.
2. The identity of a complainant under 18 years of age.
3. The identity of a neglected or abused child.
4. The identity of the victim or the identity of the person who reported the
crime when said victim or complainant requests that his or her name not
be used in the media.
5. The identity of any suspect for whom a warrant or summons has not been
issued, or indictment returned.
6. The existence of any criminal record or any information concerning the
character or reputation of the accused or remarks which tend to establish
the defendant as a “professional” criminal.
7. The existence or contents of any confession, admission or statement of the
accused.
8. The performance of any examination or test by the accused or the refusal
or failure to submit to an examination or test.
9. The identity of actual or prospective witnesses to crimes or comments on
the expected testimony or credibility of any witness.
10. The opinions as to the innocence or guilt of any accused, the merits of the
case, the possibility of any pleas or negotiations or the value of any
evidence.
11. The identity of any juvenile arrested who has not been certified by the
Circuit Court as an adult.
12. The names of deceased before the notification of next of kin.
13. Information relating to motor vehicle accident reports specifically
prohibited by Section 46.1-409 of the Code of Virginia.
14. Comments which suggests that a defendant has aided n the investigation.
15. Information concerning the planning of raids or other specialized
enforcement efforts.
D. Release of information pertaining to juveniles:
1. Criminal Offense – Juvenile name, address, or other distinctly unique
information which would tend to identify a juvenile SHALL NOT be
released. Age, sex, area of residence and details of the offense MAY be
released. Under certain circumstances, a judge may authorize release of
identity information.
2. Traffic infractions, except for those listed below, which are classed as
misdemeanors – Any information including name, address, etc., is fully
releasable.
3. Accidents – If traffic charges are or may be placed as a result of an
accident investigation, juvenile identity information will be withheld.
4. There are eight traffic offenses for which court appearance is mandatory,
which cannot be prepaid, and which will be used as the basic definition for
a traffic/accident “misdemeanor”. These eight ARE NOT considered
infractions and juvenile information SHALL NOT be released. Offenses
include:
a. Indictable Offenses
b. Infractions resulting in an accident. (If the juvenile is charged with
any violation in an accident, juvenile identity information is NOT
releasable. If a juvenile is involved in an accident, but is not
charged with any violation, identity information is releasable.)
c. DUI or permitting anther who is DUI to operate vehicle owned by
accused.
d. Exceeding speed limit by 20 or more miles per hours.
e. Reckless driving.
f. Driving under suspension or revocation of driver’s license.
g. Leaving the scene of an accident.
h. Driving without being licensed.
E. Crime incident information release – Crime or incident information to be
released upon media request includes:
1. The type of event or crime and when and where it occurred, to include a
brief synopsis of know facts concerning the incident.
2. The identity of the victim or the name of the person who reported the
crime when that victim or complainant has made no specific request that
his/her name not be used in the media.
3. Information concerning property loss, physical injuries or death (after
notification of next of kin).
4. Information concerning the type of investigation and length of
investigation.
5. Information concerning the existence of suspects may be released.
6. If a warrant has been executed, then the name, address, description of that
person will be released. If a warrant has been issued but not executed, and
the Sheriff anticipates that the public may provide information to assist in
locating the person, this information may be released.
F. Release of individual arrest information – After arrest of a person other than a
juvenile, the following may be released upon media request:
1. Arrestee’s name, age, residence and other factual background information.
2. The nature of the charge upon which the arrest is made.
3. The identity of the investigative agency of the department and any
assisting agency.
4. The circumstances surrounding the arrest, including the place of arrest and
the identity of the arresting officers.
5. Custody status.
6. The date of various hearings.
7. Photographs of the defendant(s) without the identification data may be
furnished, if readily available in current files, with approval from the
Sheriff.
G. Names of Police Officers:
Names of police officers providing information to the media and published,
unless the officer(s) involved is/are on an undercover assignment. Addresses
and telephone numbers will not be released.
H. Media contacts/procedures:
1. Normally media representatives either visit the department in person or
call seeking information about newsworthy items. They shall be referred
to the Sheriff.
2. Media representatives will not read the offense reports since non-
releasable information may be on the report (e.g., suspect(s) information).
Offense reports and accident reports should be carefully checked
concerning involvement of juveniles before releasing information.
3. At the scenes of major fires, natural disasters, or other catastrophic events,
or at crime scenes, officers may establish perimeters and control access.
Any such limitations should be clearly explained to media representatives,
preferably in meetings with them before any emergencies, by sending
editors and managers copies of this policy. News media representatives
should not interfere with law enforcement operations at the scene of an
incident. As soon as possible, however, media representatives should be
assisting in gaining access to the scene when it will not interfere with the
law enforcement mission. Officers may deny access for legitimate
investigations or safety reasons; additionally, the may not authorize the
press to trespass on private property. The media representative is
responsible for obtaining any permission necessary once the legitimate
law enforcement mission allows access to the scene on private property.

ALLEGHANY COUNTY SHERIFFS OFFICE

GENERAL ORDER # 14 EFFECTIVE DATE: 05/01/04

APPLICANT BACKGROUND INVESTIGATION

I. POLICY

An assigned deputy will investigate all applicants for positions with the
Alleghany County Sheriff’s Office to determine suitability for employment.

II. PURPOSE

The purpose of this order is to establish policy and procedures for background
investigations of all department applicants.

III. PROCEDURES

When applicant initially appears, the Sheriff or his designee will:


a) Take applicants picture and fingerprints on CCRE and FBI applications
cards.
b) Forward applicant information form to an Applicant Investigator.

The Applicant Investigator will:


a) Get offense and license report from the Division of Motor Vehicles.
b) Get applicant information release forms signed.
c) Request other law enforcement agencies to make checks outside our area,
if applicant has lived outside of Alleghany County.
d) Past employer check by letter or in person.
e) Credit check with Retail Merchant Credit Association.
f) Name check through NCIC.
g) Criminal record check with surrounding area departments.
h) Juvenile record check.
i) Check school records.
j) Neighborhood check.
k) Maintain a complete file on applicants.
l) Provide complete background investigation file to the Sheriff.
In no case will a final selection and appointment take place until the Applicant
Investigator has completed the background investigation and determined the
applicant eligible for appointment.

All information concerning department applicants will be treated as confidential


law enforcement information and will not be released to any unauthorized
persons.

ALLEGHANY COUNTY SHERIFFS OFFICE

GENERAL ORDER # 17 EFFECTIVE DATE: 05/01/04

EXPUNGEMENT OF CRIMINAL RECORDS

I. POLICY

It shall be the policy of the Alleghany County Sheriff’s Office to comply with the
regulations and procedures set forth in VA Code 19.2-392.2.

II. PROCEDURE
1. The Alleghany County Sheriff’s Office shall, upon request from the
Department of Criminal Justice Services, delete the criminal history of an
individual in the manner so directed by the expungement order.
2. All such records directed to be expunged will be removed from their
physical repository and placed in the expunged record file, with the
appropriate identifying number. If the records exists on the computerized
records system, it shall be printed out, verified as the correct record, and
placed in the expunged record file, in the same manner as the paper files.
3. After printing out the record from the computerized system, the record
will be deleted from the computerized database.
4. All records so sealed shall be marked in accordance with the order of
expungement.
5. In the event that no record is found, the letter directing the expungement
shall be returned to the Department of Criminal Justice Services marked
“No Record Found”. All attachments shall be shredded.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 18 EFFECTIVE DATE: 05/01/04

VCIN

I. POLICY

It shall be the policy of the Alleghany County Sheriff’s Office to comply with the
regulations and procedures set for the in the VA State Police VCIN Manual.

II. PROCEDURE
1. The Virginia State Police through their normal certification procedure shall
certify all personnel who have data entry and/or inquiry capability into the VA
VCIN system.
2. Only personnel so certified shall have access to the terminals/PC workstations
that contain the software necessary for accessing the VCIN network. Such
terminals/workstations will be in a secured area, with no public access and
approved by the Virginia State Police.
3. In the event a workstation containing the access software is retired, or moved
to another position in the agency that is non-secure, the software will be
deleted from the workstation, and a letter sent to the head of the agency
indicating that the software has been deleted, by whom, and the date.
4. Data entry into the VCIN system will be done in accordance with the VA
State Police VCIN Manual.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 19 EFFECTIVE DATE: 05/01/04

PURCHASE OF SERVICE HANDGUN

POLICY
Any full time law enforcement deputy of jail deputy may purchase their service hand gun
upon retirement from the Alleghany County Sheriff’s Office under the following
guidelines.

I. 20 YEARS SERVICE
Any full time law enforcement or jail deputy with at least 20 years service may purchase
their service handgun. The person must retire in good standing from the Alleghany
County Sheriff’s Office. The purchase will be done according to Virginia Statue and
under established approval by the Alleghany County Board of Supervisors.

II. 10 YEARS SERVICE


Any full time law enforcement or jail deputy with at least 10 years service may purchase
their handgun. The person must retire in good standing from the Alleghany County
Sheriff’s Office. . The purchase will be done according to Virginia Statue and under
established approval by the Alleghany County Board of Supervisors

III. DISABILITY RETIREMENT


Anyone retiring under regular disability not related to work is not eligible for this benefit
unless:
A. The above requirements of service years are met.
B. Anyone retiring under disability related to work will be granted the
allowances under this General Order according to Virginia Statute.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 20 EFFECTIVE DATE: 11/05/09

CRIMINAL HISTORY RECORDS MANAGEMENT

I. CRIMINAL HISTORY RECORDS MANAGEMENT RECORDKEEPING


A. The Alleghany County Sheriff’s Office maintains a VCIN terminal and
networked computer systems which are utilized for law enforcement
functions including, but not limited to, the following:
1. Assigning an arrest number to every person that is arrested.
2. Creating a criminal history file for each person under custodial arrest.
3. Preparing, compiling or querying reports
4. Fingerprinting
5. Photographing
6. Preparing FBI, fingerprint and CCRE forms
7. Entering information into regional, state and Federal information
systems pursuant to the particular system guidelines and requirements.
8. Recording information in agency files
9. Verifying information
10. Canceling information
B. The Sheriff’s Office shall establish and maintain criteria for entering all
information and receiving information from other jurisdictions
C. The Sheriff’s Office shall maintain the following files:
1. Incidents by type
2. Incidents by location
3. Stolen, found and recovered and evidentiary property
D. The Sheriff’s Office shall maintain a computerized system for the purpose
of assigning or maintaining a unique number for every agency identified
incident.
E. The Sheriff’s Office shall maintain the agency’s records in a secure setting
by at a minimum, doing the following:
1. Maintaining physical security of the areas where records are stored and
controlling access to agency files.
2. Maintaining a criminal history logbook in accordance with agency
policy, local ordinance, and/or Commonwealth statues.
II. 19.2-389 DISSEMINATION OF CRIMINAL HISTORY RECORD
INFORMATION
Statute text
A. Criminal history information shall be disseminated, whether directly or
through an intermediary, only to:
1. Authorized officers or employees of criminal justice agencies, as
defined by 9.1-101, for purpose of administration of criminal justice
and the screening of an employment application or review of
employment by a criminal justice agency with respect to its own
employees or applicants, and dissemination to the Virginia Parole
Board, pursuant to this subdivision, or such information on all state-
responsible inmates for the purpose of making parole determinations
pursuant to subdivisions 1, 2, 3 and 5 of 53.1-136 shall include
collective dissemination by electronic means every 30 days.
2. Such other individuals and agencies that require criminal history
record information to implement a state or federal statute or executive
order of the President of the United States or Governor that expressly
refers to criminal conduct and contains requirements or exclusions
expressly based upon such conduct, except that information
concerning the arrest of an individual may not be disseminated to a
non-criminal justice agency or individuals if an interval of one year
has elapsed from the date of arrest and no disposition of the charge has
been recorded and no active prosecution of the charge is pending.
3. Individuals and agencies pursuant to a specific agreement with a
criminal justice agency to provide services required for the
administration of criminal justice pursuant to that agreement which
shall specifically authorize access to data, limit the use of data to
purposes of which given, and ensure the security and confidentiality of
the data.
4. Individuals and agencies for the express purpose of research,
evaluative, or statistical activities pursuant to an agreement with a
criminal justice agency that shall specifically authorize access to data,
limit the use of data to research, evaluate, or statistical purposes, and
ensure the confidentiality and security of the data.
5. Agencies of state or federal government that are authorized by state or
federal statute or executive order of the President of the United States
or Governor to conduct investigations determining employment
suitability or eligibility for security clearances allowing access to
classified information.
6. Individuals and agencies where authorized by court order or court rule.
7. Agencies of any political subdivision of the Commonwealth for the
conduct of investigations of applicants for public employment, permit,
or license whenever, in the interest of public welfare or safety, it is
necessary to determining under a duly enacted ordinance if the past
criminal conduct of a person with a conviction record would be
compatible with the nature of the employment, permit, or license under
consideration.
8. Public or private agencies when and as required by federal or state law
or interstate compact to investigate (i) applicants for foster or adoptive
parenthood or (ii) any individual with whom the agency is considering
placing a child or an emergency temporary or permanent basis
pursuant to 53.2-901.1, subject to the restriction that the data shall not
be further disseminated by the agency or any party other than a federal
or state authority or court as may be required to comply with an
express requirement of law for such further dissemination.
9. To the extent permitted by federal law or regulation, public service
companies as defined in 56-1, for the conduct of investigations of
applicants for employment when such employment involves personal
contact with the public or when past criminal conduct of an applicant
would be incompatible with the nature of the employment under
consideration.
10. The appropriate authority for purposes of granting citizenship and for
purposes of international travel, including but not limited to, issuing
visas and passports.
11. A person requesting a copy of his own criminal record information as
defied in 9.1-101 at his cost, except that criminal history record
information shall be supplied at no charge to a person who has applied
to be a volunteer with (i) a Virginia affiliate of Big Brothers/Big
Sisters of America, (ii) a volunteer fire company or volunteer rescue
squad, (iii) the Volunteer Emergency Families for Children, (iv) any
affiliate of Prevent Child Abuse, Virginia, (v) any Virginia affiliate of
Compeer, or (vi) any board member or any individual who has been
offered membership on the board of Crime Stoppers, Crime Solvers or
Crime Line program as defined in 15.2-1713.1
12. Administrators and board presidents of and applicants for licensures or
registration as a child welfare agency as defined in 63.2-100 for
dissemination to the Commissioner of Social Services’ representatives
pursuant to 63.2-1702 for the conduct of investigations with respect to
employees of and volunteers at such facilities, caretakers, and other
adults living in family daycare homes or homes approved by family
day care systems, and foster and adoptive parent applicants of private
child placing agencies, pursuant to 63.2-1721, subject to the restriction
that the data shall not be further disseminated by the facility or agency
to any party other than the data subject; the Commission of Social
Services’ representative or a federal or state authority or court as may
be required to comply with an express requirement of law for such
further dissemination
13. The school board of the Commonwealth for the purpose of screening
individuals who are offered or who accept public school employment
and those current school board employees for whom a report of arrest
has been made pursuant to 19.2-83.1.
14. The State Lottery Department for the conduct of investigations as set
forth in the State Lottery Law (58.1-4000 et. Seq.) and the Department
of Charitable gaming for the conduct of investigation as set forth in
Article 1.1:1 (18.2-340.15 et seq.) of Chapter 8 of Title 18.2
15. Licensed nursing homes, hospitals and home car organizations for the
conduct of investigations of applicants for compensated employment
in licensed nursing homes pursuant to 32.1-126.01, hospital
pharmacies pursuant to 32.1-126.01, hospital pharmacies pursuant to
32.1-126.02, and home care organizations pursuant to 32.1-162.9:1,
subject to limitations set out in subsection F
16. Licensed homes for adults, licensed district homes for adults, and
licensed adult daycare centers for the conduct of investigations of
applicants for compensated employment in licensed homes for adults
pursuant to 63.2-1720, in licensed district homes for adults pursuant to
63.1-189.1, and in licensed adult daycare centers pursuant to 63.2-
1720, subject to the limitations set out in subsection F
17. The Alcoholic Beverage Control Board for the conduct of
investigations as set forth in 4.1-103.1
18. The State Board of Elections and authorized officers and employees
thereof in the course of conducting necessary investigations with
respect to registered voters, limited to any record of felony
convictions.
19. The Commissioner of the Department of Mental Health, Mental
Retardation and Substance Abuse Services for those individuals who
are committed to the custody of the Commissioner pursuant to 19.2-
169.2, 19.2-169.6, 19.2-176, 19.2-177.1, 19.2-182.2, 19.2-182.3, 19.2-
182.8, and 19.2-182.9 for the purposes for placement, evaluation, and
treatment planning.
20. Any alcohol safety action program certified by the Commission on the
Virginia Alcohol Safety Action Program for (i) assessments of
habitual offenders under 46.2-360, (ii) interventions with first
offenders under 18.2-251, or (iii) services to offenders under 18.2-
51.4, 18.2-266 or 18.2-266.1
21. Residential facilities for juveniles regulated or operated by the
Department of Social Services, the Department of Education, or the
Department of Mental Health, Mental Retardation and Substance
Abuse Services for the purpose of determining an individuals fitness
for employment or for providing volunteer or contractual services
22. The Department of Mental Health, Mental Retardation and Substance
Abuse Services and facilities operated by the Department for the
purposes of determining an individual’s fitness for employment
pursuant to departmental instructions
23. Pursuant to 22.1-296.3, the governing boards or administrators of
private or religious elementary or secondary schools which are
accredited by a statewide accrediting organization recognized, prior to
January 1, 1996, by the State Board of Education or a private
organization coordinating such records information on behalf of such
governing boards or administrators pursuant to a written agreement
with the Department of State Police
24. Public and nonprofit private collages and universities for the purpose
of screening individuals who are offered or accept employment
25. Executive directors of community services boards or the personal
director serving the community services board for the purpose of
determining an individual’s fitness for employment pursuant to 37.2-
506 and 37.2-607
26. Executive directors of behavioral health authorities as defined in 37.2-
600 for the purpose of determining an individuals fitness for
employment pursuant to 37.2-506 and 37.2-607
27. The Commissioner of the Department of Social Services for the
purpose of locating persons who owe child support or who are alleged
in a pending paternity proceeding to be a putative father, provided only
the name, address, demographics and social security number of the
data subject shall be released
28. Authorized officers or directors of agencies licensed pursuant to
Article 2 (37.2-403 et. seq.) of Chapter 4 of Title 37.2 by the
Department of Mental Health, Mental Retardation and Substance
Abuse Services for the purpose of determining if any applicant who
accepts employment in any direct consumer care position has been
convicted of a crime that affects their fitness to have responsibility for
the safety and well-being of persons with mental illness, mental
retardation and substance abuse pursuant to 37.2-416, 37.2-506, and
37.2-607
29. The Commissioner of the Department of Motor Vehicles, for the
purpose of evaluating applicants for a motor carrier certificate or
license subject to the provisions of Chapters 20 (46.2-2000 et seq.) and
21 (46.2-2100 et seq.) of Title 46.2
30. The chairmen of the Committees for Courts of Justice of the Senate or
the House of Delegates for the purpose of determining if any person
being considered for election of any judgeship has been convicted of a
crime
31. Heads of state agencies in which positions have been identified as
sensitive for the purpose of determining an individual’s fitness for
employment in positions designated as sensitive under Department of
Human Resource Management policies developed pursuant to 2.2-
1201.1. Dissemination of criminal history record information to the
agencies shall be limited to those positions generally described as
directly responsible for the health, safety and welfare of the general
populace of protection to critical infrastructures
32. The Office of the Attorney General, for all criminal justice activities
otherwise permitted under subdivision A 1 and for purposes of
performing duties required by the Civil Commitment of Sexually
Violent Predators Act (37.2-900 et seq.)
33. Shipyards, to the extent permitted by federal law or regulation,
engaged in the design, construction, overhaul, or repair of nuclear
vessel for the United States Navy, including their subsidiary
companies, for the conduct of investigations of applications for
employment or for access to facilities, by contractors, leased laborers,
and other visitors
34. Any employers of individuals whose employment requires that they
enter the homes of others, for the purpose of screening individuals who
apply for, are offered, or have accepted such employment, and
35. Other entities as otherwise provided by law.

Upon an ex parte motion of a defendant in a felony case and upon the showing that the
records requested may be relevant to such case, the court shall enter an order requiring
the Central Criminal Records Exchange to furnish the defendant, as soon as practicable,
copies of any records of persons designated in the order on whom a report has been made
under the provisions of this chapter.

Notwithstanding any other provisions of this chapter to the contrary, upon a written
request sworn to before an officer authorized to take acknowledgements, the Central
Criminal Records Exchange, or the criminal justice agency in cases of offenses not
required to be reported to the Exchange, shall furnish a copy of conviction data covering
the person named in the request to the person making the request; however, such person
on whom the date is being obtained shall consent in writing, under oath, to the making of
such request. A person receiving a copy of his own conviction data may utilize or further
disseminate that data as he deems appropriate. In the event no conviction data is
maintained on the data subject, the person making the request shall be furnished at his
cost a certification to that effect.

B. Use of criminal history record information disseminated no non-criminal


justice agencies under this section shall be limited to the purposes of
which it was given and agencies under this section shall be limited to the
purposes for which it was given and may not be disseminated further.
C. No criminal justice agency or person shall confirm the existence or
nonexistence of criminal history record information for employment or
licensing inquiries except as provided by law.
D. Criminal justice agencies shall establish procedures to query the Central
Criminal Records Exchange prior to dissemination of any criminal history
record information on offenses required to be reported to the Central
Criminal Records Exchange to ensure that the most up to date disposition
is being used. Inquires of the Exchange shall be made prior to any
dissemination except in those cases where time is of the essence and the
normal response time of the Exchange would exceed the necessary time
period. A criminal justice agency to whom a request has been made for
the dissemination of criminal history record information that is required to
be reported to the Central Criminal Records Exchange may direct the
inquirer to the Central Criminal Records Exchange for such dissemination.
Dissemination of information regarding offenses not required to be
reported to the Exchange shall be made by the criminal justice agency
maintaining the records as required by 15.2-1722.
E. Criminal history information provided to licensed nursing homes,
hospitals and to home care organizations pursuant to subdivision 15 of
subsection A shall be limited to the convictions on file with the Exchange
for any offense specified in 32.1-126.01, 32.1-126.02 and 32.1-169.2.9:1.
F. Criminal history information provided to a licensed assisting living
facilities, licensed district homes for adults, and licensed adult day care
centers pursuant to subdivision 16 of subsection A shall be limited to the
convictions on file with the Exchange for any offense specified in 63.1-
189.1 or 63.2-1720.

III. DEFINITIONS RELATING TO DISSEMINATION OF RECORDS


A. CRIMINAL JUSTICE AGENCY – Court of other public agency which
principally performs criminal justice or law enforcement activities.
B. LAW ENFORCEMENT OFFICER – Full time employees of a public
department or sheriff’s office of any town, city or county, including state
and federal officers. This does not include any private police agency,
conservator or the peace, private investigator, or security guard.
C. CRIMINAL HISTORY RECORD – Any information regarding adult
individuals with identifiable descriptions, date on arrests, dispositions, etc.
Includes any fingerprint card, or photo showing agency name and
identifying number in the photo. The CCRE or FBI number with a
person’s name is criminal record.
D. DISSEMINATION – Any transfer or Criminal History record information
by writing, verbally or electronically. (Example: If a deputy tells a local
merchant that Joe Public has been arrested for 15 larceny charges in the
last three years, this is the dissemination of criminal history record.)

IV. ITEMS NOT TO BE INCLUDED UNDER THE HEREIN AFTER-


DESCRIBED RESTRICTIONS
A. Traffic Offense Records
B. Criminal investigative files, provided criminal history records are not kept
in or with the files.
C. Any current involvement that the individual presently has with the
criminal justice system (Example: A deputy might legally disseminate
information that John Public was arrested today for X charge, or indicated
for X charge was sentenced to one year and is serving time in the system,
etc. The deputy could NOT DISSEMINATE CRIMINAL HISTORY
RECORDS on Mr. Public.
D. A record of arrests kept on chronological order and not indexed by name.
E. Communications strictly between employees of the Alleghany County
Sheriff’s Office.

APPLICATION: No employee or agent of the Alleghany County Sheriff’s


Office shall either confirm or deny the existence or non-existence of any
criminal history record or any individual except in accordance with the
established policies of the Sheriff as set forth herein.

V. COLLECTION OF INFORMATION
As of September 1, 1983, all criminal history records collected and
maintained must be complete and correct. The disposition of the court must
be recorded by the maintaining agency within 30 days of the courts findings.
Accordingly, the court should promptly provide disposition of class 3 and 4
misdemeanors to the arresting agency. The recording of these dispositions at
the Alleghany County Sheriff’s Office shall be accomplished by the records
clerk, chief jailor, or other designee of the Sheriff.

VI. DISSEMINATION OF INFORMATION


A criminal history record may be disseminated to eleven categories of
agencies or individuals:
A. Officers or employees of criminal justice agencies at the local, state or
federal level (police, court, magistrate, parole officer, FBI, commonwealth
attorney, etc.) Dissemination must be for one of two purposes:
1. Law enforcement purposes:
2. An agency performing a background investigation for purpose of
employment.
THERE ARE TEN OTHER CATEGORIES OF AGENCIES OR
INDIVIDUALS WHO HAVE LIMITED ACCESS TO CRIMINAL
HISTORY RECORDS. THESE ARE:
1. An individual authorized by law or executive order. Primarily, federal
agencies investigating the record or employment applicants.
2. Contractual data services.
3. Individuals or agencies for the purpose of research subject to approval or
the Sheriff by terms of a written agreement.
4. Federal agents investigating individuals for security clearances.
5. Individual or agency that has obtained a specific court order to receive the
information.
6. A political subdivision with specific ordinance in effect which authorizes
researching the records of persons applying for permit, license or
employment. (Or public or private agencies as required by law to
investigate prospective foster or adoptive parents may check the criminal
history record of said applicants.)
7. Public service companies may check the record of applicants for
employment which involves public contract (example: power company
meter reader, telephone company repair person)
8. Federal agent investigating an applicant for citizenship or international
travel.
9. An individual checking his/her own record. The employee releasing this
record must first obtain positive identification from the person.
10. Any individual or agency that possesses a written request to release an
individual’s record which is signed by the named individual and the
individual’s signature is notarized.

VII. POLICY ON DISSEMINATION


The Alleghany County Sheriff’s Office may release to criminal justice
agencies all accurate information in the criminal history record of an
individual.

In accordance with Virginia Code 19.2-383 (d) the Office shall disseminate to
the ten described non-criminal justice agencies or individuals requesting a
criminal history record, only conviction data on class three and four
misdemeanor offenses. The Office shall then direct the inquirer to the Central
criminal Record Exchange for any further dissemination of records as an
individual.

No appointee of this office shall disseminate any non-conviction information


of any conviction information on felonies or class one and two misdemeanors
on any individual to any of the listed non-criminal justice agencies or
individuals.

VIII. RECORD OF DISSEMINATION


The Alleghany County Sheriff’s Office shall maintain a record of
dissemination of criminal history records. The employee releasing the
information shall enter into record of dissemination the following data:
1. Date of dissemination
2. Name of the person or agency receiving the information
3. Name of the person whose record was disseminated
4. Name of the person disseminating the information

Additionally the appointee releasing the information shall make a note of the
date(s) of dissemination on the subject criminal history record. This will
facilitate cross-referencing to the chronologically kept record of
dissemination.

The record of dissemination shall be kept for a period of not less than three
years after the date of dissemination.

IX. CHALLENGE OF RECORDS


Individuals may challenge their won criminal history by executing and
delivering the appropriate form to this office. A copy of the challenged record
may be furnished to the individual. This copy must be marked “not to be
disseminated further except as provided by law”.

If a challenge is made of a record maintained by an agency, the manual and/or


automated record shall be flagged with the message “Challenged Record”.
All disseminated records shall contain this message while under challenge.

If the challenged record pertains to the arrest information the agency shall
examine all relevant files to determining the validity of the challenge. If no
errors are found, the agency shall then notify the agency where the review and
challenge occurred, which shall, in turn, notify the individual or his attorney
of the action taken.

If the challenge record pertains to the disposition information the agency shall
compare contents of challenge with the information supplied by the Clerk of
Court. If no errors are found, the agency shall forward the challenge to the
Clerk of Court originating the disposition for examination of the court records
pursuant to the challenge. The arresting agency shall then notify the
individual or his attorney of the action. The Clerk of the Court shall cause the
court records to be compared with the contents of the challenge to determine
if there are discrepancies in the disposition segment of the record maintained
by the arresting agency of those agencies that are party to the challenge, or the
results and any corrective action. The agency in which the challenge occurred
shall notify the individual or his attorney of action taken.

X. ADMINISTRATIVE REVIEW
After the aforementioned review and challenge has been made in either the
Central Criminal Records Exchange or the arresting agency, the individual or
his attorney may in writing request that the agency head review the challenge
if he is not satisfied with the results of the review and challenge. The agency
head or his designated official shall review the challenge and notify the
individual or his attorney of the decision within 30 days of the receipt of the
written request.

XI. ADMINISTRATIVE APPEAL


After the administrative review, the individual or his attorney may in writing
within 30 days of notification of the decision of the administrative review,
request that the Director of the Department review the challenge and conduct
an informal hearing before the Director of a designated hearing officer. The
decision of the hearing officer shall be communicated to the individual or his
attorney.

XII. CORRECTIONS
If an error is discovered, all known copies of the record(s) shall be corrected
by notifying appropriate criminal justice agencies, non-criminal justice
agencies or individual in writing of the correction to be made. This
communication shall include a request for the receiving criminal justice
agencies to notify any and all additional agencies or individuals known to
maintain such record(s) and to make the appropriate corrective action. Upon
request, an individual or his attorney shall be given the name of all non-
criminal justice agencies to which data has been furnished.

XIII. EXPUNGEMENT
Pursuant to 19.2-392.2 Code of Virginia (1950) as amended, the Alleghany
County Sheriff’s Office upon receiving a court order directing expungement
of a record shall:
1. Remove that record from its repository, clean computer, and remove jail
jacket from jail files.
2. By date of expunged offense, research chronological records of arrests and
removes the individual’s name from that and all other records addressing
the expunged offense.
3. Use of index number to identify it.
4. Seal and mark the file “Expunged record to be unsealed only by order of
the Circuit Court of Alleghany County.”
5. Place it in a file to be kept separate from other files.
6. Notify Central Criminal Records Exchange or documented dissemination
receipts of expungement so they can notify then of expungement.
7. Notify the Director of Central Criminal Records Exchange or compliance
to court dates.
8. The Sheriff of Alleghany County, Virginia, or his specific designee only
shall accomplish or supervise the expungement. The Sheriff shall safely
keep the expunged record files.

XIV. PENALTIES
The Virginia Code 9-194 & 9-195 civil remedies and criminal penalties for
the improper dissemination of criminal history information record history.
This disclosure of information could take many forms, even casual
conversation, inadvertently leaving materials out that can be read in view of
unauthorized persons, and releasing this information with good intentions to
unauthorized persons. All members of the Sheriff’s Office shall familiarize
themselves with all Virginia Codes pertaining to criminal history records
information.

XV. VIRGINIA FREEDOM OF INFORMATION


We the members of the Alleghany County Sheriff’s Office must understand
the concepts of the Freedom of Information Act. Too long was government
allowed to conceal information that the public had a “right to know.” As a
result, the Freedom of Information was formed. As a result, we the members
of the Alleghany County Sheriff’s Office must be informed in order to release
information that is lawfully the property of the public. We also must know
the law in order to protect information that is exempt under criminal history
information, the Freedom of Information Act or the Victim’s Rights Act.

1. All members will familiarize themselves with these acts, especially 2.1-
342 Code of Virginia Official Records Open to Inspection & 19.2-11
Crime Victim and Witness Rights (See Victim/Witness Services regarding
withholding victim/witness information)

BY ORDER:_______________________________________
Kevin Hall, Sheriff
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 20 EFFECTIVE DATE: 05/01/07

CRIMINAL HISTORY RECORDS MANAGEMENT

POLICY

The Alleghany County Sheriff’s Office shall afford all persons the confidentiality
required by law concerning criminal history records. The Office in this section sets forth
procedures for the management of criminal history records in accordance with 19.2-389
of the Code of Virginia. A copy of that statute is also provided for easy reference. The
Alleghany County Sheriff’s Office shall comply with the requirements of the Supreme
Court of Virginia, the Central Criminal Records Exchange (CCRE), and the local courts
regarding the necessary documentation and procedures. These records are accessible for
use by sworn personnel 24-hours a day.

When deputies obtain a Central Criminal Records Exchange (CCRE) or FBI criminal
history on someone, they are to keep a log or every record obtained which will maintain
in the Dispatch Office. Once the information is used for the reason it was obtained, the
deputy is to destroy the record by shredding or incineration. Any further dissemination
of the record will also be noted.

Criminal history will be transmitted to authorized persons only by mail or in person. The
telephone, radio, or Teletype will not be used for his dissemination. Communications
operations may give authorized persons information on unexecuted warrants on file.
Correctional Officers may confirm or deny that an individual is incarcerated. Any
information about previous executed warrants or information about previous
incarcerations is not to be released. All requests for criminal history are to be forwarded
to the records officer.

CONFIDENTIALITY

Be it known that any employee of the Alleghany County Sheriff’s Office, who is
found to be in violation of an order of confidentiality, may be subject to dismissal
from his or her job duty.

By signing below, I certify that I have read and understand the consequence of
confidentiality violation within the Alleghany County Sheriff’s Office.

_____________________________________
Appointee’s Name (Printed)

_____________________________________
Appointee’s Signature
Alleghany County Sheriff's Office
268 W. Main St.
Covington, Va. 24426

General Order #21 Effective Date: February 01, 2017

PERFORMANCE EVALUATIONS

Policy
This department bears an obligation to the public and its own personnel to hire and maintain the best
qualified officers. To that end, this department regularly and formally evaluates the performance of
officers and other employees. The evaluation system discussed herein serves both the interests of the
Sheriff and the department's employees. The purpose of the evaluation systems are to:

(1) Allow fair and impartial personnel decisions


(2) Maintain and improved performance
(3) Provide a basis and a medium for personnel counseling
(4) Assist decisions about tenure of probationary employees
(5) Identify strengths and weaknesses and provide training as such
(6) Aid the Sheriff in his tasks of determining monetary raises, promotions and re­
assignments

Purpose
The purpose of this order is to outline and describe the departmental eval�ation process.

Procedures
1. All Officers and employees sl,all be evaluated using the form located in the appendix of this
order.

2. Evaluations reflect observations and ·perceptions by rating personne·I, and are,therefore,


inherently subjective. Nevertheless, p�rsonnel shall be rated according to their unc;1cceptable,
acceptable, or superior behavior. Specific guidelines for rating behavior are· found in the
appendix of this order.

3. At the discretion,of the Sheriff, each app•ointee shall be evaluated at least annually. Employees
who receive 3 unacceptable marks on an evaluation shall be placed on probation for a period
determined by the Chief Deputy. · During a :probationary period, an employee shall receive an
:evaluation in 3 months to be conc(ucted by a 3 panel committee chosen by the Chief Deputy to
see if the deputy has improved in-those categories. If the deputy has not improved in said
categories, he/she shall meet with the Sheriff/ Chief Deputy to determine further action.

4. All evaluations shall be placed in the employee's personnel file.


5. Any appointee who receives an unsatisfactory mark that he/she perceives unjust, may protest
to the Chief Deputy. The employee concerned must rebut the comments or marks in writing
and submit it to the Chief Deputy. In any case, final appeal extends to the Sheriff.

6. Appointees shall be formally evaluated by an evaluation committee, consisting of 3 to 5


members, appointed by the Sheriff/Chief Deputy.

Scale value application


1. The most difficult task facing the evaluator is applying the numerical scale which accompanies
categories of behavior. Two evaluators may not apply the same numerical values to the person
under evaluation. To reduce such differences, the appendix to this instruction clearly defines
what constitutes unacceptable, acceptable and superior behavior.

2. The philosophy of the evaluation form focuses on observations of demonstrated proficiency to


behavior relevant to the job.

3. Any unacceptable rating must be articulated and precisely documented.


ALLEGHANY COUNTY SHERIFF'S OFFICE
FIELD DEPUTY
RATING SCALE VALUES

The task of evaluating and rating an officer performance shall be based on the following numerical scale
value definitions. These definitions serve as a means of standardizing the evaluations process.

1) DRIVING SKILLS:

1} Unacceptable: Involved in a chargeable accident(s), overuses emergency equipment,


excessive and unnecessary speed, drives unsafely.
2) Acceptable: Maintains control of vehicle, evaluates driving situations and reacts properly,
proper speed for conditions. Practices good defensive driving techniques.
3} Superior: High degree of flexibility and competence in driving skills, superior judgment
shown in use of light and siren, and in speed control. Sets good examples of lawful,
courteous driving.

2} OFFICER SAFETY:

1) Unacceptable: Frequently fails to exercise officer safety, i.e.:


a. Exposes weapons (batons, handgun, etc.) to-suspect.
b. Fails to keep gun hand free during enforcement situations.
c. Fails to control suspect's movements.
d. Failure to use illumination when necessary.
e. Fails to advise radio when leaving vehicle.
f•. fails to use and/or maintain personal safety equipment properly
g. Does not foresee potentially dangerous situations.
h. Fails to have weapon ready when appropriate.
i. Fails to cover other officers.
j. Fails to properly search and/r handcuff prisoners.
k. Fails to "pat search".
l.�Fails to maintain position of advantage with prisoners ofsuspicious person(s).

2) Acceptable: Understands principles of officer safety and generally applies them. Generally
displays awareness of potential danger from suspicious persons and prisoners. Maintains
position of advantage.
3) Superior: Always maintains position of safety and advantage and is alert to changing
conditions. Does not become paranoid, over-cautious or over-confident.

3) PROPER USE OF DEPARTMENTS FORMS AND LOGS:

1) Unacceptable: Fails to fill out logs and forms in a timely manner as required by
departmental policy.
2) Acceptable: Completes logs and forms in a timely manner with limited coaching.
3} Superior: Always completes forms and logs correctly in a timely manner.
4) INVESTIGATIVE PROCEDURES:

.!l Unacceptable: Does not plan an investigation strategy. Leaves out important steps in
investigations. Fails to connect legal and departmental guidelines while conducting
investigation. Cannot coordinate aspects of the investigation, i.e., interviews, searches,
field note taking, reports etc.
11 Acceptable: Maintains command of a scene. Able to assess the requirements of the
situation concerning collection and preservation of evidence, interviews and
interrogations. Undertakes most of these functions with little or no directions.
fil Superior: Requires no supervision in organizing and undertaking an investigation.
Identifies all possible sources of physical evidence. Identifies all potential witnesses and
victims. Conducts complete interview. Uses time efficiently.

S) FIELD PERFORMANCE/DECISION MAKING:

!l Unacceptable: Acts without thought or is indecisive. Relies on others to make decisions.


Examples of bad decisions or indecisiveness shall be documented.
Z} Acceptable: Able to access situations and take proper action. Is able to reason out problems
and relate them to what he/she was taught. Has good perception and ability to make own
decisions.
fil Superior: Excellent·field judgment and perception in foreseeing problems and arriving at
advanced decision. Makes timely and good quality decisions.

6) SELF-INITIATED ACTIVITY:
1) -Unacceptable: Does no_t see and/or avoids activity. Does not follow-up on situations.
Rationalizes suspicious circumstances. Gets involved inappropriately too often. Ignores
departmentally defined problems. Fails to serve civil process papers as expected during
certain working hours.
2) Acceptable: Recognizes and identifies suspected criminal activity. Makes c�ses from routine
activity. Serves civil process papers as expected during certain working hours�.
3) Superior: Catalogs, maintains, and uses information given at briefings and from bulletins or
crime reports. Makes good quality arrests. Shows balance in type and extent of self-initiated
activity. Excels in the service of civil process during certain working hours.

7) COURTROOM PREPARATION, TESTIMONY AND APPEARANCE:


1. Unacceptable:· Paperwork unorganized and cannot easily reference material. Unfamiliar
with details of case. Incoherent testimony.
2) Acceptable: Paperwork organized often. Familiar with the details of the case and is able to
articulate them to the court. Gives good appearance.
3) Superior: Paperwork always organized and easily assessable. Outstanding knowledge in
details in the case. Appearance is superior.

8) REPORT WRITIING: DETAILS, GRAMMER AND PROPER TIME:


1) Unacceptable: Incapable of organizing events into written form. Leaves out many important
details. Records inappropriate information. Much of the work will have to be redone. Does
not complete reports on time. Misspelled words and incomplete sentence structure.
2) Acceptable: Converts field events into a logical sequence of thought to include all elements
of the situation. The narrative leaves the reader with a good understanding of what took
place. Completes simple basic reports on time.
3) Superior: A complete and detailed account of what occurred from beginning to end. Written
and organized so that any reader has a clear understanding of what occurred. Full
consideration is given to the needs of the investigator/prosecutor. Very neat, no misspellings
and excellent grammar.

9) KNOWLEDGE OF DEPARTMENT POLICY AND PROCEDURES:

1) Unacceptable: Has inadequate knowledge of departmental rules, procedures and orders.


Makes no attempt to learn them. Frequent violations of rules, procedures, and orders.
2) Acceptable: Familiar with most commonly applied rules and procedures, and is able to apply
them to most field situations.
3� Superior: Exceptional working knowledge of rules, procedures and orders.

10) KNOWLEDGE OF TRAFFIC LAWS:

1. Unacceptable: Does not know the elements of basic sections. Reports or actions continually
show inability to apply vehicle code to field situations.
2) Acceptable: Has a working knowledge of commonly used sections of Code. Relates elements
to observed traffic related activity.
3) Superior: Has excellent knowledge of all traffic laws.

11) KNOWLEDGE OF COUNTY STREETS AND ZONES:

1. Unacceptable: No knowledge of county street names or the different zones or areas of the
county and makes no attempt to learn them.
2) Acceptable:, Has a working knowledge of the commonly used street names and zones or
areas of the county.
3) Superior: Outstanding knowledge of street names, zones and/or areas of the county.

12) KNOWLEDGE OF SEARCH AND SEIZURE:

1) Unacceptable: Has inadequate knowledge of how to obtain a search warrant, when a search
warrant must be executed, gaining entrance on a search warrant, return of the warrant and
what can be seized.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.

13) KNOWLEDGE OF DOMESTIC VIOLENCE:

1) -Unacceptable: Has inadequate knowledge of Code 19.2-81, warrantless arrest for Assault
and Battery, procedures to use on warrantless arrest, procedures for providing information
to the victim.
2) Acceptable: Is familiar with the above listed information.
3} Superior: Has outstanding knowledge of the above listed information.
14) KNOWLEDGE OF E.C.0./T.D.O:

1) Unacceptable: Has inadequate knowledge of Code 37.1-67.1, how long to retain custody of
suspected mentally ill person, when can suspected mentally ill person be released from
custody etc.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.

15) KNOWLEDGE OF LAW OF ARREST:

1) Unacceptable: Has adequate knowledge on authority to arrest, under Code 19.2-249,


execution and return of warrant, arrest without a warrant, arrest of juveniles, false
imprisonment.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.

16) KNOWLEDGE OF RULES OF EVIDENCE: .

1) Unacceptable: Has inadequate knowledge of proper packaging, handling, record and


storage or property.
2) Acceptable: Is familiar with the above listed information..
3) Superior: Has outstanding knowledge of the above listed information.

17) MAINTAIN VEHICLE:

1) Unacceptable: Has no interest in cleanliness and upkeep of vehicle. Causes excessive


·hardship to vehicle, therefore, managing high maintenance bills.
2) Acceptable: Shows interest in the cleanliness and upkeep of vehicle. Keeps vehicle routinely
serviced.
3) ..Superior: Equipment is cleaned and well maintained regularly. Equipment-is kept in
exceptional order.

18) MAINTAIN EQUIPMENT:

1) Unacceptable: Vehicle is not kept stocked with essential items. Vehicle is not equipped with
flashlight, shotgun, etc. Guns not kept maintained and cleaned.
2) Acceptable: Equipment is kept well stocked. Equipment is easily assessable. All equipment
is kept in good condition.
3) Superior: Equipmen_t is deaned and well maintained regularly. Equipment is kept in
exceptional order.

19) ARRIVES TO WORK ON TIME:

1) Unacceptable: Routinely late for work.


2) Acceptable: Reports on time with a rare tardiness.
3) Superior: Always arrives on time or ahead of time.
20) ACCEPTANCE OF FEEDBACK:

1) Unacceptable: Argumentative, rationalizes, refusal to admit mistakes, refusal to make


corrections. Always considers feedback negative.
2) Acceptable: Accepts criticism in positive manner and applies it to further the learning
process. Accepts responsibility for his/her mistakes.
3} Superior: Solicits feedback and criticism in order to improve performance. Never argues or
blames others.

21) RELATIONSHIP WITH CITIZENS:

1. Unacceptable: Abrupt, belligerent, overbearing, officious, introverted and/or


uncommunicative.
2) Acceptable: Courteous, friendly and empathetic. Communicates in a professional and
unbiased manner.
3} Superior: Establishes rapport and is always fair.

22) RELATIONSHIP WITH CO-WORKERS:

1) Unacceptable: Constantly argues with other officers. Belittles other officers in front of other
people.
2) Acceptable: - Is able to establish a good relationship with other officers. Respects other
officers.
3) Superior: Establishes excellent relationships with other officers.

23) RELATIONSHIPS WITH SUPERVISORS:

1) .Unacceptable: _Constantly argues with superior officers. Belittles supervisors in front of


other people. Fails to adhere to chain of command. Insubordinate.
2)_ Acceptable: · Is able to establish a good working relationship with supervisors. Understands
and adheres to chain of command. Respects authority.
3) Superior: Establishes an excellent working. relationship with supervisors. Possesses thorough
understanding of chain of command and adheres to it. Utmost respect shown to superior
officers.

24) PROFESSIONALISM:

1) Unacceptable: Routinely exhibits behavior unbecoming a police officer.


2) Acceptable: Exhibits and maintains traits consistent with professionalism, in both
professional and private life.
3) Superior: Exemplary professionalism in all aspects.

25) GENERAL APPEARANCE (UNIFORM):

1) Unacceptable: Dirty shoes, uniform and leather. Uniforms not pressed or kept repaired,
missing items, name tag, etc.
2) Acceptable: Neat, clean and well-kept uniform. Cleaned and shined shoes and leather.
3) Superior: Tailored uniforms, spit-shined shoes and leather. Command bearing.
26) GENERAL APPEARANCE (PHYSICAL}:

1) Unacceptable: Sloppy, dirty or unkempt hair, unshaven, offensive body odor.


2) Acceptable: Neat, clean and well-groomed hair. Clean, acceptable appearance.
3) Superior: Maintains outstanding appearance. Command bearing.

27) LEADERSHIP SKILLS:

1) Unacceptable: Subordinates have little or no respect for supervisor, supervisor belittles


subordinates in the presence of others without just cause, supervisor does not practice the
same standards as is expected from his/her subordinates.
2) Acceptable: Supervisor has respect and is able to obtain desired results from subordinates.
His/her subordinates consistently produce results and achieve goals set by the department.
3) Superior: Subordinates have the utmost respect for supervisors. Is able to obtain excellent
results from subordinates at all times. Gives both positive and negative rewards when the
situation calls for it.

28) ABILITY TO PERCEIVE WEAKNESS:

1) Unacceptable: Is unable to see or point out weaknesses within his/her subordinates and
leaves this to others higher in the chain of command.
2) Acceptable: Has good perception on weakness within his/her.supervision. Attempts to train
and improve upon these weaknesses.
3) Superior: Knows major and minor weaknesses within his/her subordinates. Continually
strives for improvement. Makes changes for the good of the department.

29) COMMAND OF PATROL TECHNIQUES, METHODS, AND INVESTIGATIVE PROCEDURES:

1) Unacceptable: Is unfamiliar with the deP.artmental manual or judicial procedures. Is unable


to answer pr.ocedural questions.of subordinates. Has 1,ttle or no knowledge· of where to
locate such information. Subordinates know procedures better than supervisor.
2) Acceptable: Has working knowledge of department manual, county and state codes, judicial
procedures or at least where to look to obtain such informatior:i. Quick to get answers back
to subordinates.
3) Superior: . Has extensive knowledge of department manual, county codes, state codes and
judicial procedures. Is also able to point subordinates where to access information in the
future.

30) ABILITY TO REPRIMAND, COUNSEL, PRAISE, OR OTHERWISE DISCIPLINE HIS/HER


SUBORDINATES:

1) Unacceptable: Does not reprimand in any form. Leaves it to others in the chain of
command. Allows subordinates do as they please if and when they please. Does not take
charge or make changes. Allows subordinates to go with no supervision.
2) Acceptable: Makes correction when needed. Does not hesitate to take corrective action if
the situation dictates. Is able to give positive rewards when so deserved.
3) Superior: Will make corrections at proper time and place. Always is quick to make proper
corrections and give positive reinforcement. Makes corrections or changes that result in a
better department and does so without showing favoritism. Treats all persons within his/her
group equally.

31) ABILITY TO TAKE RESPONSIBILITY FOR THE PERFORMANCE OF HIS/HER OFFICERS:

1) Unacceptable: Fails to take responsibility for actions or lack thereof, from his/her
subordinates. Makes excuses or lays blame on others. Is quick to point out deficiencies
outside his/her subordinates.
2) Acceptable: When deficiencies are pointed out is quick to take responsibility for actions of
subordinates. Makes changes of behavior immediately to see that the goals of the
department are met.
3) Superior: Usually aware of deficiencies and has started corrective action. Is quick to accept
responsibility. Seldom, if ever, has to return to supervisor for repetitive action.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER #22 EFFECTIVE DATE: 05/01/04

INSPECTIONS

I. POLICY
The Sheriff is responsible for establishing and marinating a system of
inspection to obtain the information needed to direct the operation of the
department. Although the ultimate responsibili8ty of the inspection and
control rests with the Sheriff, it is necessary that it be carried out continually
at all levels of command and supervision.

II. PURPOSE
To establish policy and procedures for continuous inspection of the Sheriff’s
Office personnel, resources, and operational effectiveness.

III. PROCEDURES
A. Inspections objectives – The objectives of the inspection process include:
i. To learn whether a task is being performed as outlined and if
procedures are being complied with.
ii. To learn whether the anticipated results are being accomplished
iii. To discover whether department resources are being used to the
best advantage.
iv. To reveal the existence of needs.
B. Inspection Responsibilities
i. Inspection shout be an ongoing process conducted by those in
direct command, i.e., those who have the authority to act or require
immediate action of the subordinates. Ongoing inspection is a
duty of the Sheriff and the Chief Deputy.
ii. Inspection responsibilities shall include personal inspection of
employees, the equipment they use, how it used and cared for, how
employees perform their duties and the result of their efforts.
Employees will respond immediately to correct deficiencies
identified during inspections. Additionally, inspections will
recognize exemplary performance.
iii. Inspections shall be made as directed by the Sheriff.
iv. The inspector shall record the dates and results of each inspection.
When appropriate, as a result of an investigation, the Sheriff or the
Chief Deputy shall prepare any record of counseling or
commendation.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 23 EFFECTIVE DATE: 09/17/2017

EMPLOYEE DISCIPLINE

I. POLICY
It is the department’s policy to impose disciplinary action fairly and
impartially and to offer adequate appeal procedures to ensure that the rights of
employees are protected.

II. PURPOSE
The purpose of this order is to establish procedures concerning informal and
formal disciplinary practices within the department.

III. DEFINITIONS
A. Days: The term “days”, as used herein, shall mean an 8, 10, or 12 hour
work day period, depending on the schedule; however, that if the last day
of any time period mentioned herein is a scheduled day off, the time
period shall be extended to the next day.
B. Relief from duty: An administrative action by a supervisor whereby an
officer is temporarily relieved from performing his or her duties.
C. Discipline: A method of training or developing an employee by proper
supervision and instruction. Discipline may be positive (awards) or
negative (punishment).

IV. PROCEDURES
A. Positive discipline is oriented towards seeking voluntary compliance with
established polices, procedures, orders.
B. Consistency in discipline: The department will strive to be fair and
unbiased and will apply discipline consistently and uniformly.
i. The department does not provide appointees with an all-inclusive
list of specifically prohibited behavior. Examples of such behavior
will appear in this policy. Appointees are expected to have a
reasonable perception of what constitutes proper behavior, based
on academy training and the observance of the behavior of officers
generally.
C. Relief from duty shall be imposed whenever a supervisor questions an
employee’s physical or psychological fitness for duty in that continued
presence on the job constitutes a substantial and immediate threat to the
welfare of the department, the public, or to that officer.
i. The Chief Deputy or immediate supervisor has authority to relieve
an employee from duty, must promptly report such action to the
Sheriff, accompanied by a written report setting forth details and
circumstances.
ii. An officer who refuses to obey a direct order in conformance with
the department’s rules, regulations and orders will be disciplined
accordingly.
D. Penalties – The following penalties are available:
i. Oral counseling
ii. Written reprimand
iii. Demotion of Rank and/or suspension without pay
iv. Dismissal
E. Oral counseling
Oral counseling, while informal, requires documentation.
i. The following steps shall be observed:
1. Supervisors are expected to counsel employees regularly.
Most counseling is informal, positive, and supportive.
2. Supervisors are responsible to counsel employees
concerning job-related matters, within their capabilities.
Many things can affect the job and an employee’s
performance, so job-related counseling may involve other
individuals outside of the department to resolve the
situations.
3. If an employee feels the need for counseling in personal or
family matters, or desires information on outside resources,
he/she is encouraged to speak with the Sheriff and/or
supervisor to arrange such counseling. The Sheriff’s Office
shall not be held responsible for any fees not covered by
insurance. The department recognizes that no stigma is
attached to seeking professional counseling.
ii. At the time of an oral counseling, the employee shall be counseled
as to correct his/her behavior. A written record shall be
maintained for 12 months by the counseling supervisor.
iii. The counseling supervisor shall record the counseling session on a
form provided by the administration containing the following
information:
1. Employee’s name and position
2. Date of counseling
3. Summary or reasons for reprimand/counseling
4. Summary of employee’s response
5. Suggestions for improvement or specific actions suggested

F. Written Reprimand
A written reprimand sets forth the corrected or modified behavior
mandated by the department and specifies the penalty in case of
recurrence. A written reprimand becomes a permanent part of the
employee’s personnel record; however, after a period of 12 months
the employee may ask to be re-evaluated and notation made on the
original reprimand concerning employee’s performance or may be
removed from the permanent record at the discretion of the Sheriff.
1. An employee may appeal a written reprimand in writing
within ten days of its receipt to the Chief Deputy to be
referred to a department Review Board.
a. A Review Board will be made up of three members:
i. Chief Deputy
ii. One member shall be chosen from the
department by the supervisor involved.
iii. One member shall be chosen from the
department by the employee filling the
appeal
b. Employee selected for the Review Board should be
impartial, open-minded and not personally involved
in the situation.
c. In cases of personal involvement, the Chief Deputy
may request a Captain, Lieutenant or Sergeant to
take his place on the Review Board.
d. The Review Board shall meet, consider appeal and
have a written recommendation to the Sheriff within
seven calendar days of the notice of appeal.
e. The Sheriff will review recommendation and issued
a ruling immediately.
ii. Demotion or suspension without pay
1. Suspensions without pay can be any period of time up to 30
days.
2. If an employee shall become a candidate for suspension a
second time within one year after the first suspension, the
employee may be suspended for up to 30 days, demoted or
dismissed.
3. In no case shall a person convicted of a felony continue to
work for the Alleghany County Sheriff’s Office.
4. Conviction of a Class I misdemeanor can result in dismissal
at the discretion of the Sheriff.
a. If an employee is acquitted of criminal charges, the
employee may yet be disciplined at the discretion of
the Sheriff.
5. On any suspension, the officer must return to the Sheriff his
or her badge, identification card and issued firearm
6. During a suspension, the employee shall not undertake any
official duties.
7. Demotion shall be to a lower or non-ranking position as
designated by the Sheriff.
8. An employee may protest a suspension within five days of
notice of suspension. An employee may appeal to the
Sheriff, whose decision is final. Virginia Code 2.1-117.7.
9. The Sheriff, at his discretion, may reinstate a suspended
employee at any time, with back day, benefits, and original
rank or position.
iii. Re-assignment of Duties
The Sheriff may re-assign duties of any employee at any time
because of job performance, physical or mental abilities or to meet
specific needs of the department.
iv. Dismissal
Dismissals are made in cases of abuse of authority, misconduct, or
neglect of duty. A complete report of the circumstances shall be
made by all persons having knowledge of the infraction.
v. Reporting Arrests
An employee arrested, charged with, or convicted of any crime, or
traffic offense or required to appear as a defendant in any criminal
or civil proceeding must so inform the Sheriff as soon as possible.
Reporting this information will not necessarily result in
disciplinary action; however, failure to do so may result in such
action. Such charges or arrests may cause the employee to be
placed on administrative leave without pay pending the conclusion
of the court proceedings and the investigation. If said charges are
dismissed, back pay and restoration to duty should occur at the
discretion of the Sheriff.

V. INFRACTION AND PUNISHMENTS


A. Except for gross breaches of discipline, supervision should attempt to
begin employee discipline with the least punitive measures. If these do
not work, then increasingly more severe measure may be required.
B. An employee may be disciplined for any of the following violations. The
severity of the infraction will determine the disciplinary action taken. This
is only a partial list of infractions. It would be impossible to list them all.
Employees are expected to use common sense and to conduct themselves
in a professional manner.
i. Unexcused absences, tardiness.
ii. Abuse of duty time.
iii. Abusive or obscene language
iv. Inadequate or unsatisfactory job performance
v. Failure to follow supervisor’s instructions, perform assigned work,
or otherwise comply with policy
vi. Unauthorized use or misuse of department property
vii. Willfully or negligently damage or destroy county property
viii. Reporting to work under the influence or when ability is impaired
by alcohol or the unlawful use of controlled substance, or use of
same while on duty.
ix. Falsification of any reports such as, but not limited to, vouchers,
false official reports, time sheets, leave records, or knowingly
make any false official statement
x. Theft or unauthorized removal of departmental records or county
of employee property
xi. Acts of physical violence (except official police actions)
xii. Violating safety rules
xiii. Sleeping on duty
xiv. Participation in any kind of work slowdown or sit-down or any
other concerted interference with county operation
xv. Unauthorized possession or use of firearms, dangerous weapons, or
explosives
xvi. Threatening or coercing employees or supervisors
xvii. Using public office for private gain
xviii. Engaging in criminal conduct on or off the job
xix. Willful disobedience of a lawful command of a supervisor
xx. Disclosure of confidential information to any person except those
who may be entitled to such information.
xxi. Taking any action, which will impair the efficiency or reputation
of the department, its members, or employees
xxii. Acceptance of any bribe, gift, token, money or other things or
value intended as in inducement to perform or refrain from
performing any official act, or any action of extortion or other
means of obtaining money or anything of value through his/her
position
xxiii. Manifesting cowardice, feigning illness, or otherwise attempting to
shirk official duty.
xxiv. Involvement in any compromise between persons accused of a
crime and the person or persons who may have suffered from
criminal acts with purpose of allowing the accused to escape
punishment
xxv. The use of unnecessary force during an arrest/custody procedure
xxvi. Deviation from established procedures in the disposition of
summons or arrest cases.
C. Probationary Appointee
Probationary employees shall be disciplined by the same guidelines, the
only difference is that a probationary appointee has no right of appeal and
may be dismissed at any time.

D. Sexual Harassment and Other Discrimination


Appointee found to have engaged in discrimination on the basis of race,
color, religion, national origin, political affiliation, handicap, age or sex
(including sexual harassment) may be counseled or disciplined depending
upon the specific facts and circumstances surrounding the incident.
Alleghany County Sheriff’s Office
Oral Counseling Form

Employee’s Name and Rank_____________________________

Date of Counseling______________________

Summary of
Counseling______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________________

Summary of employee
response_________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________

Suggestions for
improvement_____________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________________________________________

Supervisor Signature __________________________________

This counseling record shall be kept in the supervisor’s possession and removed after 12 months
Alleghany County Sheriff’s Office
Reprimand Form

Date of Reprimand: ______________________________________________

Employee Name: ________________________________________________

Employee’s Position: ____________________________________________

Summary of reasons for reprimand: _________________________________


______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Summary of employee’s response: ___________________________________________


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Suggestions for Improvement or specific actions suggested: _______________________


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Signature of Supervisor: ___________________________________________________

Employee shall sign and date the following: Refusal may result in further disciplinary
action:

“I acknowledge that I have today received counseling and I have been advised of the
following rights: (1) that a written record or reprimand shall be maintained; (2) that the
employee has a right to review the record and respond in writing; (3) that the form shall
become part of the personnel file; and (4) that the employee is required to acknowledge
the reprimand by signing the record.”

Employee Signature: _________________________________Date: ________________


ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER #24 EFFECTIVE DATE: 05/01/04

CITIZENS COMPLAINTS

I. POLICY
The department will investigate all allegations of employee or agency
misconduct received from any source. Citizens will be encouraged to bring
forward legitimate grievances regarding misconduct by Sheriff’s Office
personnel, and these complaints will be received courteously and handled
efficiently. Sheriff’s Office personnel will assist and cooperate in the
processing of citizen complaints to the extent of their ability and consistence
with established procedures herein.

II. PURPOSE
The purpose of establishing a complaint processing procedure is to insure the
integrity of the Sheriff’s Office by utilizing a format that is fair, unbiased and
unwavering in the investigation of allegations of misconduct lodged against
any member of the Sheriff’s Office.

III. PROCEDURE
Any citizens complaint, regardless of the nature, can be lodged at the
department facility. Complaints may be accept in writing, in person or by
telephone.

The Supervisor in charge of the shift shall be notified of any complaint lodged
during his/her shift. The supervisor shall interview the complainant as soon as
possible to determine the validity of the complaint. He/she will ensure the
confidentiality of the complaint. No supervisor will handle a complaint in
which he/she has been involved directly.

Every effort shall be made to facilitate the convenient, courteous and prompt
receipt and processing of citizen complaints. A member of the department
who interferes with, discourages or delays the making of such complaints
shall be subject to disciplinary action.

When a citizen complaint has been received, whether in writing, in person or


by telephone, the Sheriff’s Office member receiving the complaint shall
immediately contact the shift supervisor. If the shift supervisor is not
available, the senior officer on duty shall be notified.
The receiver of the complaint shall not discuss the complaint, the complainant
or the nature of the complaint with any other member of the department and
certainly not citizens outside the department.

A PERSON MAKING A COMPLAINT SHOULD BE ADVISED THAT


HE/SHE CAN BE CONTACTED BY THE SHERIFF OR THE
SHERIFF COULD BE CONTACTED FOR THE COMPLANANT IF
THE SITUATION DEEMS URGENT.

COMPLAINTS MADE IN PERSON: Upon request, the complainant may have


whatever assistance is necessary in completing the Citizen Complaint Report Form. The
form shall be sealed in an envelope and forwarded to the Supervisor, Sheriff of Chief
Deputy.

COMPLAINTS RECEIVED BY MAIL: A Sheriff’s Office appointee receiving a


citizens complaint through the U.S. Mail shall place the complaint and envelope in a
sealed envelope and forward it to the Sheriff.

COMPLAINTS RECEIVED BY TELEPHONE: Complaints received by the dispatch


office will be courteously and promptly transferred as follows:
1. Complainants calling during regular office hours will be transferred directly to the
Sheriff, Chief Deputy or Jail Administrator.
2. When the Sheriff, Chief Deputy or Jail Administrator is not available, complaints
shall be handled through the dispatch office by filing out a Citizens Complaint
Form, then forwarding directly to the Sheriff, Chief Deputy or Jail Administrator
as soon as possible. The complaint will not be discussed by member of the
department.

TIME LIMIT ON ACCEPTING COMPLAINTS: Complaints will not normally be


accepted more than 30 days after the alleged incident, with the following exceptions:
1. When the act is criminal violation in which case, the criminal statue of limitations
will prevail.
2. When the complaining person can show good cause for not making the complaint
earlier. This will be determined by the Sheriff.

INTERNAL COMPLAINTS: The above procedure may also be utilized when Sheriff’s
Office personnel desire to enter a complaint against any other department personnel
governed by this order.

The above procedure may also be utilized when Sheriff’s Office personnel desire to enter
a complaint against any other department personnel governed by this order.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 25 EFFECTIVE DATE: 05/01/04

SEXUAL HARASSMENT

I. POLICY
The department’s policy is to provide a professional, businesslike work
environment free from all forms of appointee discrimination including incidents
of sexual harassment. No appointee shall be subjected to unsolicited and
unwelcome sexual harassment. No appointee shall be subjected to unsolicited or
unwelcome sexual overtures or conduct either verbal or physical. Sexual
harassment will be treated as misconduct with appropriate disciplinary sanctions.
II. PURPOSE
To establish department policy concerning allegations of sexual harassment,
describe reporting procedures, and define terms.
III. DEFINITIONS
A. Sexual Harassment is defined as the deliberate or repeated behavior or a
sexual nature by one employee to another that is unwelcome, unasked for or
rebuked by the other employee. The behavior can be verbal or physical.
(NOTE: The Civil Rights Act also prohibits harassment based on race.)
Examples of sexual harassment include but not limited to the following:
1. Sexual comments of a provocative or suggestive nature;
2. Jokes or innuendos intended for and directed to another employee;
3. Leaving sexually explicit books, magazines, photographs where other
employees will find them;
4. Unwelcome demeaning comments, ridicule, offensive language,
propositions or other similar actions.
5. Unwanted, unwarranted, unsolicited off-duty telephone calls and contact;
6. Signed or anonymous unwelcome notes or drawings placed on or in desks,
or bulletin boards, in lockers;
7. Deliberately singling out women in front of male co-workers (or vice
versa) and subjecting them to demeaning or derogator remarks;
8. Creating an intimidating, hostile, or offensive working environment;
9. Making acceptance of unwelcome sexual conduct of advances or requests
for sexual favors or any nature a condition of continued employment.
10. Transferring, demoting, or dismissing employees who refuse sexual
advances.
IV. PROCEDURES
A. An employee who believed her or she has been sexually harassed shall contact
the immediate supervisor. The employee shall submit a memorandum to the
Sheriff, through the chain of command, detailing circumstances.
B. Employees shall report all allegations of sexual harassment immediately.
Such reports will initiate a confidential internal investigation by the Sheriff or
his designee.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 26 EFFECTIVE DATE: 05/01/04

PERSONAL INJURY
I. PURPOSE
To ensure prompt and accurate reporting of personal injury which may be
covered under the provisions of the Workmen’s Compensation Act.

II. PROCEDURES:
A. On-Duty Injuries
1. Any Department appointee who sustains a personal injury during the
performance of duty shall notify the Shift Supervisor and submit a
detailed account of the circumstances to the Sheriff via memorandum
within 48 hours of the injury. In the event the injury prevents the
submission of the memorandum within 48 hours, it shall be submitted
as soon as the appointee is physically capable of doing so.
2. The immediate supervisor or the injured appointee or the next higher
supervisory person in the appointee’s chain of command, if the
immediate supervisor is not available, shall inquire into the
circumstances of the injury and submit a written report of the finding
to the Sheriff via memorandum.
3. If the injury will prevent the employee from returning to duty for any
period of time, the appointee’s shift supervisor shall submit an injury
leave request form immediately to the Sheriff. When the appointee
returns to duty, he shall again submit a termination of injury leave
memorandum.
4. Any injury sustained by an appointee during the course of off-duty
related appointment in which the appointee is compensated by the
County of Alleghany shall be considered an on-duty injury.
B. Off-Duty Injuries
1. All sworn appointees and any employee injured during the course of
off-duty employment shall report in writing to the Sheriff the facts and
circumstances of any personal injury sustained while off-duty. Such
report shall be made within 48 hours of the injury, or as soon as the
employee is physically capable of doing so. If the off-duty injury
render5s the employee incapable of reporting to the next scheduled
tour of duty, the appointee shall report this fact to his/her shift
supervisor no later than the time scheduled for the beginning of the
tour of duty.
2. A sworn appointee who is injured off-duty while performing a law
enforcement functions, such as lawful off-duty arrest, shall report the
injury in the same manner as if it occurred on-duty.
NOTE: All injuries that are job related require the completion of Employer’s First
Report of Accident to be filed with the Industrial Commission of Virginia, Department of
Workmen’s Compensation. This form is to be completed within 24 hours after the injury
and is available with the secretary.
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 27 EFFECTIVE DATE: 05/01/04

LIMITED DUTY ASSIGNMENTS

I. PURPOSE
The intention of this order is to allow officers to remain on the job, in a
limited capacity, following a temporary illness or injury.

II. POLICY
Limited duty is defined as “any work that a sworn officer shall perform in
place of his regular duties due to a temporary illness or injury”. Limited duty
permits the Sheriff’s Office to be cost effective while allowing an appointee to
conserve his sick leave and boost the positive self-esteem of the officer in
questions.

III. PROCEDURE
A. Documentation
Any officer who is ill or injured may be required to provide the Sheriff
with a written diagnosis from his/her physician. This diagnosis shall
include:
1. extent of injury
2. recuperation time needed
3. limits of activity
4. time periods of any appointments for re-examinations
B. Duty Assignment
1. Officers who are not physically capable of performing their
normal duties may request temporary limited duty assignments.
2. Officers given limited duty must have written approval from
either their physician or the department’s physician stated that
they are capable of performing limited assigned duties.
3. An officer’s limited duty shall be assigned by the Sheriff, Chief
Deputy or Jail Administrator.
4. Officers on limited duty shall remain under the direct supervision
of their shift supervisor. This may change if the limited duty
officer is temporarily assigned to another division.
C. Duration
1. Limited duty assignments shall be, in most cases, limited to a
maximum of three months. Upon request of the officer, the
limited duty assignment may be extended by the Sheriff due to
the nature of the officer’s injury or illness.
2. When the limit has been reached by an officer and a limited duty
extension has not been granted, the officer must apply for sick
leave or disability.
3. The Sheriff may order officers on limited duty to be re-examined
at any time by a physician at the County’s expense.
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 28 EFFECTIVE DATE: 05/01/04

PHYSICAL WELLNESS

I. PURPOSE
The Alleghany Sheriff’s Office recognizes that good physical conditioning and
proper nutrition and good general health enhances the performance capabilities of its
personnel. Being physically fit diminishes stress, promotes self esteem and improves
firearms accuracy, increases an officer’s confidence in confrontations, makes him/her
more effective and impact weapons and defense tactics and generally improves
his/her quality of life.

II. POLICY
A wellness program is more than strictly exercising and dieting. While exercise and
diet are important aspects of a wellness program, a comprehensive effective program
includes a medical health screening to detect current and future health problems,
promoting a healthy life style through education on topics such as smoking,
cholesterol, blood pressure and stress management. All personnel should participate
in the yearly wellness program provided by Alleghany County. All personnel are
encouraged to participate in a regular exercise program and stay in good physical
condition. All personnel are encouraged to maintain their weigh at a level that does
not cause physical or health problems. Physical conditions will be addressed
through the Department’s Evaluation Program.

GENERAL ORDER # 29 EFFECTIVE DATE: 05/01/04

EMPLOYEE GRIEVANCES

I. EMPLOYEE GRIEVANCE POLICY


A. This department does not have an Appointee Grievance Policy. Virginia Code
Section 2.1-144.5:C.2.c says a Grievance Policy does not have to exist.
B. The Sheriff requests that all appointee problems, complaints, or disputes be
brought to his attention. The Sheriff will work with the appointee to resolve any
complaint, dispute or problem they may have.
C. The Sheriff will have final decision on any complaint, dispute or problem
brought to his attention.
D. Appointees are urged not to try to solve these problems, complaints or disputes
on their own by talking to the other appointee. At times these problems, disputes
or complaints may be handled by the Supervisor in charge. The Sheriff
encourages this.
E. The Sheriff encourages all appointees to refrain from discussing among
themselves the problems that may or may not exist. This will only cause
additional problems within the department.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 30 EFFECTIVE DATE: 05/01/04

OFF-DUTY EMPLOYMENT

I. POLICY
The Sheriff must ensure the continued efficiency and effectiveness of the
department while simultaneously reducing or eliminating conflicts of interest.
To this end, the Sheriff shall manage according to whatever reasonable
controls he deems necessary to restrict or regulate the conduct of appointees.
It is the policy of this department; therefore, to prohibit off-duty employment
of appointees when it may impair efficiency or conflict with their duties and
responsibilities. Virginia Code 15.1-133.1 applies.

II. PURPOSE
To define regulations governing off-duty employment.

III. DEFINITIONS
A. Employment: Any work performed or services provided for
compensation; including self-employment.
B. Off-duty employment may be granted by the Sheriff on a case-by-case
basis. Any appointee of the Sheriff shall seek approval by the Sheriff for
off-duty employment.
C. The appointee shall furnish the following information:
1. Name of employee requesting off-duty employment.
2. Effective date of employment and expiration of employment
(indicate whether open ended).
3. Name of business of off-duty employer, address and telephone
number.
4. Type/Nature of business.
5. Description of Duties.
6. Number of hours worked, days and time periods.
D. This department shall no be responsible for any medical expenses incurred
from injuries sustained while working in any off-duty employment.
E. The appointee shall understand the authorization for off-duty employment
may be withdrawn should work schedule or job performance with this
department be compromised.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 31 EFFECTIVE DATE: 05/01/04

COUNTY VEHICLES

I. POLICY
It is the department’s policy to ensure that county owned vehicles are used
only for official department business.

1. Motor vehicles owned by the County of Alleghany and operated by the


department should be used only for police work or departmental business.
a. The Sheriff will employ discretion with regard to cases of
vehicle use.
2. Motor vehicles owned by the County of Alleghany and operated by
department personnel shall be on official business when operated by
department personnel traveling to and from approved educational and
physical fitness activities.
a. Department personnel while traveling to and from education
facilities and physical fitness activities within the state may use
their issued vehicles, provided the distance does not exceed 75
miles one way from the department personnel’s residence.
Distances greater than 75 miles will require the approval of the
Sheriff. Car pools will be used whenever possible for training.
b. Department personnel operating the issued vehicle shall be
ever mindful of their operation, appearance and conduct.
c. Whenever using the vehicle, all police radios must be turned on
with sufficient volume to be heard.
d. Department personnel will be properly attired should it become
necessary to perform a police function.
e. Department personnel are required to carry their issued pistols
or off-duty weapons when operating the vehicle.
f. Department personnel (sworn personnel) are expected to
handle police situations when encountered or request a duty
officer handle, and stand by and assist until the on duty officer
arrives. Should the situation require immediate attention, the
off-duty sworn personnel will handle and stand by and assist
until on duty officer arrives. Should the situation require
immediate attention, the off-duty sworn personnel will handle.

II. PROCEDURE
Each deputy will be responsible for the cleanliness of their assigned cars and
to see that all maintenance is performed regularly. Vehicle cleaning and
maintenance can be done during off duty hours. All maintenance will be done
at the county garage unless covered by warranty or approved by the Chief
Deputy or Sheriff. It is up to each Deputy to see to all matters involving the
assigned vehicles are taken car of. In the event a vehicle is unavailable for
use, it is the Deputy’s responsibility to contact for use of another vehicle. The
Deputy is responsible for getting the vehicle and returning the vehicle. All
equipment is to be checked for cleanliness. No equipment will be installed
unless authorized by the Sheriff. Monthly mileage slips will be turned in to
the Chief Deputy by the 5th day of the month. The Chief Deputy will be in
charge of random inspections and vehicles and equipment. Violations will be
promptly reported to the Sheriff. Disciplinary action may be taken for
violations.
A. Regular Maintenance will include the following:
a. Oil Change and Lube – Approximately 4,000 miles
b. Tire Pressure at every oil change
c. Tire Rotation – As deemed necessary by the County Mechanics.
d. Brakes – Inspect at every oil change and replace as needed
e. Transmission Service – 30,000 mile intervals.
f. Fluids Check at every oil change.
B. All major repairs, which may include but not limited to, transmission
repair, engine repair, body work, etc., must be approved by the Chief
Deputy or Sheriff.
C. Each deputy is responsible for the vehicle issued to him/her. Vehicle
maintenance is the responsibility of that person. Vehicle abuse will not be
tolerated as will failure to properly maintain the vehicle as listed above.
The Chief Deputy will ensure that the proper maintenance is carried out
for each vehicle and disciplinary action will be taken for failure to do so.
D. Each officer is to note all maintenance and repairs performed on county
vehicles and submit this information to the Chief Deputy with the date,
care number and mileage logged.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 32 EFFECTIVE DATE: 05/01/04

SHERIFF’S OFFICE PERSONNEL/INMATE RELATIONSHIPS

I. POLICY
The image of the Alleghany Sheriff’s Office depends on the personal integrity
and discipline of all Sheriff’s Office personnel.

II. PURPOSE
To describe procedures that shall be enforced as far as Sheriff’s Office
personnel and inmate relationships are concerned.

III. PROCEDURE
A. The relationship between Sheriff’s Officer personnel and inmates in the
Alleghany Regional Jail shall be of a professional and business matter
only.
B. Sheriff’s Office personnel shall not have any social relationship with
inmates while they are in the Alleghany County Jail.
C. Sheriff’s Office personnel shall not bring articles of any kind to inmates in
the Alleghany Regional Jail. Gifts of any kind are prohibited.
D. Sheriff’s Office personnel shall not have telephone contacts with inmates
in the Alleghany Regionl Jail at any time.
E. Sheriff’s Office personnel shall not have contact with inmates in the
Alleghany Regional Jail by U.S. Mail or have letters, cards, etc. delivered
to inmates by any other means.
F. Sheriff’s Office personnel shall enforce all rules and regulations as set
forth in the jail rules and regulations for all inmates.
G. Sheriff’s Office personnel shall not discuss with inmates the business of
the Alleghany County Sheriff’s Office.

IV. PROCEDURE – PERSONNEL/INMATE FAMILY MEMBER


A. Sheriff’s Office personnel that have family members in the Alleghany
Regional Jail will abide by all rules and regulations of the jail regarding
visits, gifts, mail and phone calls.
B. Sheriff’s Office personnel with inmate family members, will have no
special privileges over and above the regular rules and regulations of the
Alleghany Regional Jail.

V. ANY VIOLATIONS OF THESE RULES AND REGULATIONS OR


MISCONDUCT OF ANY SHERIFF’S OFFICE PERSONNEL WILL BE
REPORTED TO THE SHERIFF IMMEDIATELY.

VI. ACTIONS TO BE TAKEN FOR VIOLATIONS OF THE ABOVE RULES


AND REGULATIONS.
A. An investigation into the violation of the above rules and regulations will
be conducted by the Chief Deputy or Investigator at the direction of the
Sheriff.
B. Pending the outcome of the investigation, the Sheriff will determine the
action to be taken against the person or persons who may violate these
rules and regulations.
C. The range of action to be taken by the Sheriff will range from reprimand
to dismissal.
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34H EFFECTIVE DATE: 11/05/09

CORRECTIONAL/INMATE WORK CREW

Supervisor: Chief Jailor

Job Objective:
A deputy is responsible for the efficient performance of required duties conforming to the rules and
regulations and general orders. Duties consist of, but are not limited to, general correctional
responsibilities and supervisor of the inmate work crew.

Typical Tasks:
▸ The tasks of the deputy are those tasks listed in General Order 35B inclusive and all other
duties that may be assigned by the Jail Administrator or Chief Jailor.
▸ Tasks as outlined for jail deputy in General Order 35B must be known since this position
requires routine contact with inmates, especially through the inmate work crew.
▸ Supervisor of the inmate work crew or details as assigned by the Jail Administrator or Chief
Jailor outside of the jail complex.
▸ Routine supervisor of trustees in and around the jail complex performing janitorial or
grounds maintenance as directed by a supervisor.
▸ Maintain equipment and transportation units as directed by a supervisor.
▸ Conduct patrols of county buildings and property while enforcing state and county
ordinances.
▸ This position can be supervisory or non-supervisory and duties are performed on an assigned
shift.

Knowledge-Skills-Abilities
All those characteristics as described in General Order 34B and 35B.

Contacts:
Sheriff Commonwealth Attorney
Supervisors Other Agencies
Investigators Jail Staff
Dispatch Staff Inmates
Fellow Workers Court Officials
County Officials General Public

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Computer Experience
Associates Degree in Criminal Justice or related field is preferred but not mandatory
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34 EFFECTIVE DATE: 11/05/09

JOB DESCRIPTION: CHIEF DEPUTY

Supervisor: Sheriff

Job Objective:
In addition to the essential functions and responsibilities of the law enforcement deputy, the
Chief Deputy functions as the second in command in the Alleghany County Sheriff’s Office.
The Chief Deputy will be in charge of the operation of the Alleghany County Sheriff’s Office in
the absence of the Sheriff. The chief deputy will supervise the daily activities of the field
deputies supervisors in the performance of their duties, ensuring that all tasks are completed in a
highly professional and timely manner. The Chief Deputy will ensure that all courts are properly
staffed with court room security.

Typical Tasks of the Chief Deputy:


▸ Supervise law enforcement supervisors and field deputies
▸ Provide or ensure court room security is provided as needed
▸ Conduct personnel and vehicle inspections
▸ Conduct personnel evaluations
▸ Provide advise and instruction to subordinates
▸ Initiate disciplinary action by contacting sheriff
▸ Maintain accurate files, records, reports, etc.
▸ In charge of special assignments, such as, dances, ball games, selective enforcement,
aggressive driver, etc.
▸ Assist with the preparation of the county budget
▸ Complete and supervise special projects, reports or assignments as directed by the sheriff
▸ Approve or disapprove uniform/equipment orders
▸ Approve or disapprove overtime/compensation time
▸ Direct, council and assist personnel with reference to their work assignments and
activities
▸ Investigate any unusual events in the law enforcement/court division and report same to
the sheriff
▸ Keep a record of all work hours for all sheriff’s office personnel
▸ Attend necessary training and seminars as assigned
▸ Any other tasks that may be assigned by the sheriff

Knowledge-Skills-Abilities
All knowledge, skills, abilities listed in the law enforcement supervisor and law enforcement
deputy job description. Ability to manage and assist subordinates in the performance of their
duties. The knowledge, skills and abilities to be a leader and to make sounds judgements and
decisions. Thorough knowledge of the operation the court systems. Knowledge of the overall
operation of the Alleghany County Sheriff’s Office and the Alleghany Regional Jail and the
ability to carry out these operations. Thorough knowledge of the sheriff’s office manual and the
ability to work by this manual and lend advise to subordinates. The knowledge to complete
accurate reports in a timely manner. The skills and abilities to work with the general public in a
professional manner. Skills in firearms and defensive tactics. Considerable knowledge of
administrative management. Ability to plan, assign and supervise the activities of the Alleghany
Sheriff’s Office and Regional Jail. Considerable knowledge of the operation of county
government and the state compensation board.

Contacts:
Sheriff Clerks Compensation Board
Jail Administrator Detectives Other Agency Personnel
Field Supervisors Dispatchers Commonwealth Attorney
Filed Deputies Court Officials Other Fellow Workers
Secretaries County Officials Inmates
General Public

Education and Experience


High School Diploma or GED
Age 21 or older
Associates Degree in Criminal Justice or related field is preferred but not mandatory
Computer Experience
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER #34A EFFECTIVE DATE: 01/01/12

FIELD DEPUTY SUPERVISOR JOB DESCRIPTION

Title: Captain/Lieutenant/Sergeant./Corporal

Supervisor: Chief Deputy

Job Objective:
In addition to the essential functions and responsibilities of the law enforcement deputy,
the Field Deputy Supervisor (Capt./Sgt./Cpl.) functions as immediate supervisor of
personnel assigned to their patrol shift. Duties consist of, but not limited to, general law
enforcement and civil responsibilities necessary to the safety and good order of the
jurisdiction of this office. The Field Supervisor will supervise the daily activities of the
field deputies in the performance of their duties, ensuring that all tasks are completed in a
highly professional and timely manner.

Typical Tasks of the Field Deputy Supervisor:


▸ All tasks listed in the Law Enforcement Deputy Job Description
▸ Supervise other patrol deputies and make assignments
▸ Conduct inspections and evaluations
▸ Provide advise and instruction to subordinates
▸ Initiate disciplinary action, council subordinates, review reports
▸ Provide security for the General District and JDR Courts
▸ Supervise any major incident until relieved by a detective or superior officer
▸ Review overtime and compensation time sheets and assign time off when
necessary
▸ Attend specialized training and seminars; do other tasks as assigned

Knowledge-Skills-Abilities
All knowledge, skills, abilities listed in the law enforcement deputy job description.
Ability to manage and assist subordinates in the performance of their duties.
The knowledge, skills and abilities to be a leader and to make sound decisions.
Knowledge of the operation of the General District and JDR Court Systems.
The knowledge of the operation of the Alleghany County Sheriff’s Office.
Contacts:
Court Officials County Officials
Chief Deputy Commonwealth Attorney State Officials
Investigators/Detectives Personnel from other agencies Chief Jail Admin.
Dispatch Staff Attorneys Jail Starr
Inmates General Public
Education and Experience
High School Diploma or the equivalent of a GED
Age 21 or older
Any education in the Criminal Justice field is preferred but not mandatory
Must have 2 years law enforcement experience before qualifying as a candidate for
Corporal.
Must have 2 years supervisory law enforcement experience before qualifying as a
candidate for Sergeant.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 34B EFFECTIVE DATE: 06/01/17

LAW ENFORCEMENT DEPUTY JOB DESCRIPTION

Supervisor: Shift Supervisor

Job Objective:
A deputy is responsible for the efficient performance of required duties conforming to the rules,
regulations and general orders. Duties consist of, but are not limited to, general law enforcement
responsibilities necessary to the safety and good order of the jurisdiction of this office.

Training Requirements:
Each deputy will be required to complete a minimum of 4 weeks with a certified Field Training
Officer (FTO), with the exception of certified officers who shall complete a minimum of 2 weeks
with a certified FTO. An FTO must approve the release of the deputy from the training program.

Typical Tasks of the Law Enforcement Deputy


▸ This position can be supervisory or non-supervisory. Law Enforcement deputy sheriff’s
duties are performed on an assigned shift under the general guidance of a supervisor.
Supervisor’s duties are performed on an assigned shift under the guidance of the Sheriff
and Chief Deputy.
▸ Coordinate efforts with other members of the Alleghany Sheriff’s Office so that
teamwork may ensure continuity of purpose and achievement of law enforcement
objectives.
▸ Communicate to Sheriff, supervisors, other deputies all information obtained which is
pertinent to achievement of law enforcement objectives.
▸ Follow orders, memos, rules, regulations and any other directives that may be issued by
supervisors
▸ Identify criminal offenders and criminal activity and where appropriate, apprehend
offenders.
▸ Reduce the opportunities for the commission of crime through preventive patrol.
▸ Provide aid to people who are in danger of physical harm.
▸ Respond to any public emergency
▸ Assist citizens requesting assistance or information; courteously explain any instance
where jurisdiction does not lie with the Sheriff’s Office and suggest other procedure to
follow.
▸ Facilitate the movement of vehicular and pedestrian traffic.
▸ Identify problems that are potentially serious law enforcement problems.
▸ Create and maintain a feeling of security in the community.
▸ Provide emergency services
▸ Provide court security and act as bailiff when assigned to do so.
▸ Serve or deliver civil process and other official papers as required by law
▸ Respond to emergency calls and be alert at all times
▸ Preserve the peace at public gatherings, neighborhood disputes and domestic problems.
▸ Conduct thorough investigation of all offenses and incidents and collect evidence
▸ Be accountable for securing, receipt and proper transporting of all evidence and property
coming into custody.
▸ Conduct interviews of complainant/victims/witnesses
▸ Serve warrants, make arrests and process the accused persons
▸ Interrogate suspects, gather evidence and conduct surveillance
▸ Prepare and maintain detailed reports, records and files
▸ Transport prisoners or committed persons when necessary
▸ Conduct patrols, especially problem areas or assigned areas for extra patrol
▸ Conduct building and property and zone checks
▸ Enforce criminal laws, both state and county ordinances
▸ Enforce traffic laws, both state and county ordinances
▸ Assist Commonwealth Attorney’s Office in preparation of court cases
▸ Maintain issued weapons and all other issued equipment & uniforms
▸ Maintain issued vehicle, never leave unlocked unattended vehicle, always remove key
▸ Issued vehicle should always be ready for an inspection by chief deputy
▸ Operate radio in line with FCC regulations and current Sheriff’s Office procedures.
▸ Radio should be on and in operation at all times while operating vehicle
▸ Uniform should be clean and pressed at all times and shoes kept clean and shined
▸ Wear the issued traffic safety equipment when necessary
▸ Deputy shall act in a professional manner at all times, whether on or off duty.
▸ Deputy shall be required to report for emergency duty at any time, 24 hours a day.
▸ Cooperate with the efforts of other law enforcement agencies and attend training
▸ Perform all other duties that may be assigned by the Sheriff, Chief Deputy or supervisor

Knowledge-Skills-Abilities
Thorough knowledge of police techniques. Strong knowledge of the Code of Virginia and the
Alleghany County Code. Thorough knowledge of the geography of the county/city/town and
important buildings and businesses. Knowledge of law enforcement investigative techniques and
techniques of identification. General knowledge of rules of evidence. Ability to question and
interview skillfully. Ability to organize and prepare clear and concise written reports. Skilled in
the use of firearms and defensive tactics. Skilled in the operation of a patrol vehicle. Possession
of physical ability and endurance. Ability to establish effective working relationships with
fellow workers and the general public.

Contacts:
Sheriff Other Fellow Workers
Chief Deputy Commonwealth Attorney
Supervisor Other agency personnel
Investigator/Detective Jail Staff
Dispatch Staff Inmates

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Any education in the criminal justice field is preferred but not mandatory
Computer experience
Alleghany County Sheriff’s Office
268 W. Main St.
Covington, Va. 24426

GENERAL ORDER #34B EFFECTIVE DATE: 06/01/17

FIELD DEPUTY
PERFORMANCE EVALUATIONS

Policy
This department bears an obligation to the public and its own personnel to hire and maintain the best
qualified officers. To that end, this department regularly and formally evaluates the performance of
officers and other employees. The evaluation system discussed herein serves both the interests of the
Sheriff and the department’s employees. The purpose of the evaluation systems are to:

(1) Allow fair and impartial personnel decisions


(2) Maintain and improve performance
(3) Provide a basis and a medium for personnel counseling
(4) Assist decisions about tenure of probationary employees
(5) Identify strengths and weaknesses and provide training as such
(6) Aid the Sheriff in his tasks of determining monetary raises, promotions and re-
assignments

Purpose
The purpose of this order is to outline and describe the departmental evaluation process.

Procedures
1. All Officers and employees shall be evaluated using the form located in the appendix of this
order.

2. Evaluations reflect observations and perceptions by rating personnel, and are, therefore,
inherently subjective. Nevertheless, personnel shall be rated according to their unacceptable,
acceptable, or superior behavior. Specific guidelines for rating behavior are found in the
appendix of this order.

3. At the discretion of the Sheriff, each appointee shall be evaluated at least annually. Employees
who receive 3 unacceptable marks on an evaluation shall be placed on probation for a period
determined by the Chief Deputy. During a probationary period, an employee shall receive an
evaluation in 3 months to be conducted by a 3 panel committee chosen by the Chief Deputy to
see if the deputy has improved in those categories. If the deputy has not improved in said
categories, he/she shall meet with the Sheriff/ Chief Deputy to determine further action.

4. All evaluations shall be placed in the employee’s personnel file.


5. Any appointee who receives an unsatisfactory mark that he/she perceives unjust, may protest to
the Chief Deputy. The employee concerned must rebut the comments or marks in writing and
submit it to the Chief Deputy. In any case, final appeal extends to the Sheriff.

6. Appointees shall be formally evaluated by an evaluation committee, consisting of 3 to 5


members, appointed by the Sheriff/Chief Deputy.

Scale value application


1. The most difficult task facing the evaluator is applying the numerical scale which accompanies
categories of behavior. Two evaluators may not apply the same numerical values to the person
under evaluation. To reduce such differences, the appendix to this instruction clearly defines
what constitutes unacceptable, acceptable and superior behavior.

2. The philosophy of the evaluation form focuses on observations of demonstrated proficiency to


behavior relevant to the job.

3. Any unacceptable rating must be articulated and precisely documented.


ALLEGHANY COUNTY SHERIFF’S OFFICE
FIELD DEPUTY
RATING SCALE VALUES

The task of evaluating and rating an officer performance shall be based on the following numerical scale
value definitions. These definitions serve as a means of standardizing the evaluations process.

1) DRIVING SKILLS:

1) Unacceptable: Involved in a chargeable accident(s), overuses emergency equipment,


excessive and unnecessary speed, drives unsafely.
2) Acceptable: Maintains control of vehicle, evaluates driving situations and reacts properly,
proper speed for conditions. Practices good defensive driving techniques.
3) Superior: High degree of flexibility and competence in driving skills, superior judgment
shown in use of light and siren, and in speed control. Sets good examples of lawful,
courteous driving.

2) OFFICER SAFETY:

1) Unacceptable: Frequently fails to exercise officer safety, i.e.:


a. Exposes weapons (batons, handgun, etc.) to suspect.
b. Fails to keep gun hand free during enforcement situations.
c. Fails to control suspects’ movements.
d. Failure to use illumination when necessary.
e. Fails to advise radio when leaving vehicle.
f. Fails to use and/or maintain personal safety equipment properly
g. Does not foresee potentially dangerous situations.
h. Fails to have weapon ready when appropriate.
i. Fails to cover other officers.
j. Fails to properly search and/r handcuff prisoners.
k. Fails to “pat search”.
l. Fails to maintain position of advantage with prisoners of suspicious person(s).

2) Acceptable: Understands principles of officer safety and generally applies them. Generally
displays awareness of potential danger from suspicious persons and prisoners. Maintains
position of advantage.
3) Superior: Always maintains position of safety and advantage and is alert to changing
conditions. Does not become paranoid, over-cautious or over-confident.

3) PROPER USE OF DEPARTMENTS FORMS AND LOGS:

1) Unacceptable: Fails to fill out logs and forms in a timely manner as required by departmental
policy.
2) Acceptable: Completes logs and forms in a timely manner with limited coaching.
3) Superior: Always completes forms and logs correctly in a timely manner.
4) INVESTIGATIVE PROCEDURES:
1) Unacceptable: Does not plan an investigation strategy. Leaves out important steps in
investigations. Fails to connect legal and departmental guidelines while conducting
investigation. Cannot coordinate aspects of the investigation, i.e., interviews, searches, field
note taking, reports etc.
2) Acceptable: Maintains command of a scene. Able to assess the requirements of the
situation concerning collection and preservation of evidence, interviews and interrogations.
Undertakes most of these functions with little or no directions.
3) Superior: Requires no supervision in organizing and undertaking an investigation.
Identifies all possible sources of physical evidence. Identifies all potential witnesses and
victims. Conducts complete interview. Uses time efficiently.

5) FIELD PERFORMANCE/DECISION MAKING:


1) Unacceptable: Acts without thought or is indecisive. Relies on others to make decisions.
Examples of bad decisions or indecisiveness shall be documented.
2) Acceptable: Able to access situations and take proper action. Is able to reason out problems
and relate them to what he/she was taught. Has good perception and ability to make own
decisions.
3) Superior: Excellent field judgment and perception in foreseeing problems and arriving at
advanced decision. Makes timely and good quality decisions.

6) SELF-INITIATED ACTIVITY:
1) Unacceptable: Does not see and/or avoids activity. Does not follow-up on situations.
Rationalizes suspicious circumstances. Gets involved inappropriately too often. Ignores
departmentally defined problems.
2) Acceptable: Recognizes and identifies suspected criminal activity. Makes cases from routine
activity.
3) Superior: Catalogs, maintains, and uses information given at briefings and from bulletins or
crime reports. Makes good quality arrests. Shows balance in type and extent of self-initiated
activity.

7) COURTROOM PREPARATION, TESTIMONY AND APPEARANCE:


1. Unacceptable: Paperwork unorganized and cannot easily reference material. Unfamiliar
with details of case. Incoherent testimony.
2) Acceptable: Paperwork organized often. Familiar with the details of the case and is able to
articulate them to the court. Gives good appearance.
3) Superior: Paperwork always organized and easily assessable. Outstanding knowledge in
details in the case. Appearance is superior.

8) REPORT WRITIING: DETAILS, GRAMMER AND PROPER TIME:


1) Unacceptable: Incapable of organizing events into written form. Leaves out many important
details. Records inappropriate information. Much of the work will have to be redone. Does
not complete reports on time. Misspelled words and incomplete sentence structure.
2) Acceptable: Converts field events into a logical sequence of thought to include all elements of
the situation. The narrative leaves the reader with a good understanding of what took place.
Completes simple basic reports on time.
3) Superior: A complete and detailed account of what occurred from beginning to end. Written
and organized so that any reader has a clear understanding of what occurred. Full
consideration is given to the needs of the investigator/prosecutor. Very neat, no misspellings
and excellent grammar.

9) KNOWLEDGE OF DEPARTMENT POLICY AND PROCEDURES:


1) Unacceptable: Has no knowledge of departmental rules, procedures and orders. Makes no
attempt to learn them. Frequent violations of rules, procedures, and orders.
2) Acceptable: Familiar with most commonly applied rules and procedures, and is able to apply
them to most field situations.
3) Superior: Exceptional working knowledge of rules, procedures and orders.

10) KNOWLEDGE OF TRAFFIC LAWS:


1. Unacceptable: Does not know the elements of basic sections. Reports or actions continually
show inability to apply vehicle code to field situations.
2) Acceptable: Has a working knowledge of commonly used sections of Code. Relates elements
to observed traffic related activity.
3) Superior: Has excellent knowledge of all traffic laws.

11) KNOWLEDGE OF COUNTY STREETS AND ZONES:


1. Unacceptable: No knowledge of county street names or the different zones or areas of the
county and makes no attempt to learn them.
2) Acceptable: Has a working knowledge of the commonly used street names and zones or areas
of the county.
3) Superior: Outstanding knowledge of street names, zones and/or areas of the county.

12) KNOWLEDGE OF SEARCH AND SEIZURE:


1) Unacceptable: Has no knowledge of how to obtain a search warrant, when a search warrant
must be executed, gaining entrance on a search warrant, return of the warrant and what can be
seized.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.

13) KNOWLEDGE OF DOMESTIC VIOLENCE:


1) Unacceptable: Has inadequate knowledge of Code 19.2-81, warrantless arrest for Assault and
Battery, procedures to use on warrantless arrest, procedures for providing information to the
victim.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.

14) KNOWLEDGE OF E.C.O./T.D.O:


1) Unacceptable: Has no knowledge of Code 37.1-67.1, how long to retain custody of suspected
mentally ill person, when can suspected mentally ill person be released from custody etc.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.

15) KNOWLEDGE OF LAW OF ARREST:


1) Unacceptable: Has no knowledge on authority to arrest, under Code 19.2-249, execution and
return of warrant, arrest without a warrant, arrest of juveniles, false imprisonment.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.
16) KNOWLEDGE OF RULES OF EVIDENCE:
1) Unacceptable: Has no knowledge of proper packaging, handling, record and storage or
property.
2) Acceptable: Is familiar with the above listed information.
3) Superior: Has outstanding knowledge of the above listed information.

17) MAINTAIN VEHICLE:


1) Unacceptable: Has no interest in cleanliness and upkeep of vehicle. Causes excessive
hardship to vehicle, therefore, managing high maintenance bills.
2) Acceptable: Shows interest in the cleanliness and upkeep of vehicle. Keeps vehicle routinely
serviced.
3) Superior: Equipment is cleaned and well maintained regularly. Equipment is kept in
exceptional order.

18) MAINTAIN EQUIPMENT:


1) Unacceptable: Vehicle is not kept stocked with essential items. Vehicle is not equipped with
flashlight, shotgun, etc. Guns not kept maintained and cleaned.
2) Acceptable: Equipment is kept well stocked. Equipment is easily assessable. All equipment
is kept in good condition.
3) Superior: Equipment is cleaned and well maintained regularly. Equipment is kept in
exceptional order.

19) ARRIVES TO WORK ON TIME:


1) Unacceptable: Routinely late for work.
2) Acceptable: Reports on time with a rare tardiness.
3) Superior: Always arrives on time or ahead of time.

20) ACCEPTANCE OF FEEDBACK:


1) Unacceptable: Argumentative, rationalizes, refusal to admit mistakes, refusal to make
corrections. Always considers feedback negative.
2) Acceptable: Accepts criticism in positive manner and applies it to further the learning
process. Accepts responsibility for his/her mistakes.
3) Superior: Solicits feedback and criticism in order to improve performance. Never argues or
blames others.

21) RELATIONSHIP WITH CITIZENS:


1. Unacceptable: Abrupt, belligerent, overbearing, officious, introverted and/or
uncommunicative.
2) Acceptable: Courteous, friendly and empathetic. Communicates in a professional and
unbiased manner.
3) Superior: Establishes rapport and is always fair.

22) RELATIONSHIP WITH CO-WORKERS:


1) Unacceptable: Constantly argues with other officers. Belittles other officers in front of other
people.
2) Acceptable: Is able to establish a good relationship with other officers. Respects other
officers.
3) Superior: Establishes excellent relationships with other officers.
23) RELATIONSHIPS WITH SUPERVISORS:
1) Unacceptable: Constantly argues with superior officers. Belittles supervisors in front of other
people. Fails to adhere to chain of command. Insubordinate.
2) Acceptable: Is able to establish a good working relationship with supervisors. Understands
and adheres to chain of command. Respects authority.
3) Superior: Establishes an excellent working relationship with supervisors. Possesses thorough
understanding of chain of command and adheres to it. Utmost respect shown to superior
officers.

24) PROFESSIONALISM:
1) Unacceptable: Routinely exhibits behavior unbecoming a police officer.
2) Acceptable: Exhibits and maintains traits consistent with professionalism, in both
professional and private life.
3) Superior: Exemplary professionalism in all aspects.

25) GENERAL APPEARANCE (UNIFORM):


1) Unacceptable: Dirty shoes, uniform and leather. Uniforms not pressed or kept repaired,
missing items, name tag, etc.
2) Acceptable: Neat, clean and well-kept uniform. Cleaned and shined shoes and leather.
3) Superior: Tailored uniforms, spit-shined shoes and leather. Command bearing.\

26) GENERAL APPEARANCE (PHYSICAL):


1) Unacceptable: Sloppy, dirty or unkempt hair, unshaven, offensive body odor.
2) Acceptable: Neat, clean and well-groomed hair. Clean, acceptable appearance.
3) Superior: Maintains outstanding appearance. Command bearing.

27) LEADERSHIP SKILLS:


1) Unacceptable: Subordinates have little or no respect for supervisor, supervisor belittles
subordinates in the presence of others without just cause, supervisor does not practice the same
standards as is expected from his subordinates.
2) Acceptable: Supervisor has respect and is able to obtain desired results from subordinates.
His/her subordinates consistently produce results and achieve goals set by the department.
3) Superior: Subordinates have the utmost respect for supervisors. Is able to obtain excellent
results from subordinates at all times. Gives both positive and negative rewards when the
situation calls for it.

28) ABILITY TO PERCEIVE WEAKNESS:


1) Unacceptable: Is unable to see or point out weaknesses within his/her subordinates and leaves
this to others higher in the chain of command.
2) Acceptable: Has good perception on weakness within his/her supervision. Attempts to train
and improve upon these weaknesses.
3) Superior: Knows major and minor weaknesses within his/her subordinates. Continually
strives for improvement. Makes changes for the good of the department.

29) COMMAND OF PATROL TECHNIQUES, METHODS, AND INVESTIGATIVE


PROCEDURES:
1) Unacceptable: Is unfamiliar with the departmental manual or judicial procedures. Is unable to
answer procedural questions of subordinates. Has little or no knowledge of where to locate
such information. Subordinates know procedures better than supervisor.
2) Acceptable: Has working knowledge of department manual, county and state codes, judicial
procedures or at least where to look to obtain such information. Quick to get answers back to
subordinates.
3) Superior: Has extensive knowledge of department manual, county codes, state codes and
judicial procedures. Is also able to point subordinates where to access information in the
future.

30) ABILITY TO REPRIMAND, COUNSEL, PRAISE, OR OTHERWISE DISCIPLINE


HIS/HER SUBORDINATES:
1) Unacceptable: Does not reprimand in any form. Leaves it to others in the chain of command.
Allows subordinates do as they please if and when they please. Does not take charge or make
changes. Allows subordinates to go with no supervision.
2) Acceptable: Makes correction when needed. Does not hesitate to take corrective action if the
situation dictates. Is able to give positive rewards when so deserved.
3) Superior: Will make corrections at proper time and place. Always is quick to make proper
corrections and give positive reinforcement. Makes corrections or changes that result in a
better department and does so without showing favoritism. Treats all persons within his/her
group equally.

31) ABILITY TO TAKE RESPONSIBILITY FOR THE PERFORMANCE OF HIS/HER


OFFICERS:
1) Unacceptable: Fails to take responsibility for actions or lack thereof, from his/her
subordinates. Makes excuses or lays blame on others. Is quick to point out deficiencies
outside his/her subordinates.
2) Acceptable: When deficiencies are pointed out is quick to take responsibility for actions of
subordinates. Makes changes of behavior immediately to see that the goals of the department
are met.
3) Superior: Usually aware of deficiencies and has started corrective action. Is quick to accept
responsibility. Seldom, if ever, has to return to supervisor for repetitive action.
ALLEGHANY COUNTY SHERIFF’S OFFICE

FIELD DEPUTY PERFORMANCE EVALUATION

DATE: _________________ FIELD DEPUTY’S NAME: ___________________________

EVALUATION PERFORMED BY:


_____________________________________________________________________

_____________________________________________________________________

CATEGORIES Not Acceptable Acceptable Superior

PERFORMANCE TASKS
1) Driving Skills 1 2 3
2) Officer Safety 1 2 3
3) Proper use of forms/logs 1 2 3
4) Investigative Procedures 1 2 3
5) Field Performance/decision making 1 2 3
6) Self-initiated activity 1 2 3
7) Courtroom testimony/ 1 2 3
8) Report writing/details, 1 2 3
9) Maintain vehicle 1 2 3
10) Maintain equipment 1 2 3

KNOWLEDGE
11) Knowledge of dept. policy 1 2 3
12) Knowledge of traffic 1 2 3
13) Knowledge of streets and zones 1 2 3
14) Knowledge of search and seizures 1 2 3
15) Knowledge of domestic violence 1 2 3
16) Knowledge of ECO/TDO 1 2 3
17) Knowledge of laws of arrest 1 2 3
18) Knowledge of rules of evidence 1 2 3
19) Maintain vehicle 1 2 3
20) Maintain equipment 1 2 3

ATTITUDE/RELATIONS
21) Arrives to work on-time 1 2 3
22) Acceptance of feedback 1 2 3
23) Relationships with citizens 1 2 3
24) Relationships with co-workers 1 2 3
25) Relationships with supervisors 1 2 3
26) Professionalism 1 2 3
27) General appearance (uniform) 1 2 3
28) General appearance (physical) 1 2 3

SUPERVISORY SKILLS

1 2 3
1 2 3
1 2 3
1 2 3
1 2 3
29) Leadership skills
30) Ability to perceive weakness
31) Command of patrol techniques/inv. Proc.
32) Ability to reprimand/praise/discipline sub.
33) Ability to take responsibility for his/her 1 2 3
Officer

TOTALS: _____ _____ _____


OVERALL SCORE: ___________________

PRINCIPLE STRENGTHS OBSERVED DURING THE EVALUATION PERIOD:


______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

PRINCIPLE WEAKNESSES OBSERVED DURING THE EVALUATION PERIOD:


______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

SUPERVISOR’S SUGGESTIONS FOR IMPROVEMENT:


______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

WHAT ACTIONS HAVE BEEN TAKEN SINCE THE LAST EVALUATION TO IMPROVE
PERFORMANCE?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

EMPLOYEE’S REMARKS:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

_______________________________ ___________________ ________________


EVALUATOR(S) SIGNATURE(S) EMPLOYEE’S SIGNATURE SHERIFF’S SIGNATURE
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34C EFFECTIVE DATE: 01/01/12

SCHOOL RESOURCE OFFICER JOB DESCRIPTION

Supervisor: Chief Deputy

Job Objective:
In addition to the essential functions and responsibilities of the sworn deputy, this assignment is
responsible for providing law enforcement services within all school campuses within the
Alleghany County Public School System on a daily basis when school is in session. Resource
deputies provide assistance and resource concerning a variety of issues to the administration and
faculty of the schools. The School Resource Deputy also provides counseling, assistance and
impromptu instruction to student as required. Work is performed under the general supervision
of the Chief Deputy and the site supervisor is the principal of the school.

Typical Tasks:
▸ Enforce laws and ordinances on the school campus as necessary, conduct patrols of the
campus.
▸ Provide personal counseling, guidance and referral service to juveniles and parents in the
school environment.
▸ Assist school officials in recognizing manifest delinquent tendencies and developing
appropriate preventative services and programs.
▸ Assist in the development of school crisis action plans based on analysis of school plans
and programs.
▸ Assist in the development and improvement of communications among all students,
faculty and law enforcement officers.
▸ Attends and participates in various school functions.
▸ Conducts instructions, programs and activities relating to law enforcement of laws and
related subjects.
▸ Maintains and submits records and reports as may be required by the Sheriff, School
Officials and DCJS.
▸ Performs tasks as related to the law enforcement division of the Alleghany Sheriff’s
Office when assigned to do so.

Knowledge, Skills, Abilities


Thorough knowledge of police methods, practices and procedures. Some knowledge of the
practices of counseling, particularly as related to juveniles. Some knowledge of police
investigative techniques of identification. General knowledge of rules of evidence and laws of
search and seizure. The ability to question and interview skillfully. The ability to organize and
prepare a clear and concise verbal and written report. The skill in the sue of personal computers.
Skills as a public speaker. The ability to establish effective working relationships with juveniles,
parents, school officials, fellow workers and the public.

Contacts:
School Principals Students
School Officials Parents
School Teachers Fellow Workers
Other School Employees General Public

Education and Experience


High School diploma or the equivalent of a G.E.D.
Certified Law Enforcement Officer with DCJS
School Resource Officer Training
One (1) year experience in law enforcement
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34D EFFECTIVE DATE: 11/05/09

DARE OFFICER JOB DESCRIPTION

Supervisor: Chief Deputy

Job Objective:
The DARE Officer will provide the students of the Alleghany County Public Schools the
instruction and knowledge they need to resist drugs and violence. The DARE Officer will also
have contact with students of other grades to establish a student/law enforcement relationship.

Typical Tasks:
▸ Establish a positive relationship with students and school officials
▸ Act as a role model for the students
▸ Instruct the DARE Program to students in the Alleghany County School System
▸ Work with school principals to set up the program in each school
▸ Work with school officials and staff to set up a DARE graduation for each school at the
completion of the program.

Knowledge-Skills-Abilities
Thorough knowledge of the DARE Program and its purpose. Ability to work with students.
Ability to instruct and teach the DARE Program. Ability and knowledge to present yourself as a
positive role model. Ability to work with school officials and establish a good working
relationship. Ability to talk with students on their level and to provide advice in helping them
with their problems. Ability to instill into the students that the DARE program is a very
important part of their education.

Education and Experience


Certified Law Enforcement officer with at least one year experience
Age 21 or older
Certified to teach the DARE Program
Attend re-certification classes
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34E EFFECTIVE DATE: 01/01/12

CHIEF DETECTIVE OF GENERAL INVESTIGATIONS - JOB DESCRIPTION

Supervisor: Chief Deputy

Job Objective:
In addition to the essential functions and responsibilities of the sworn officer, this assignment is
distinguished from uniformed deputy function in that it centers upon investigations of felonies and
other serious crimes. Investigations are conducted by members of the Alleghany County Sheriff’s
Office assigned to the Detective Division. Personnel selected for detective positions may be assigned
to various categories of sub-specialization to include special investigations, auto theft, frauds,
murder, rape, robbery, larcenies, burglary and other serious crimes, etc. Cases are assigned to
detectives for investigation and are followed through to conclusion, usually prosecution. Work is
performed under the general supervision of the Chief Detective of Investigations. The Chief
Detective of General Investigations will ensure that an investigator or other qualified sworn
employee will be on call to respond to and investigate felonies and other serious crimes.

Typical Tasks:
▸ The Chief General Detective is in charge of the General Detective Division and will assign
criminal cases in a timely manner for investigation.
▸ Investigate acts of crime in a timely manner.
▸ Ensure that all assigned cases are properly investigated in a timely manner.
▸ Conduct or have conducted interviews of complainants, victims and witnesses.
▸ Serve or have served arrest warrants, search warrants and processes of accused persons
▸ Photograph and process crime scenes for purposes of gathering evidence
▸ Develop informants for purposes of gathering intelligence on criminal activity
▸ Prepare and maintain detailed reports, records and files
▸ Maintain contact with crime victims
▸ Prepare photographic lineups for identification when necessary
▸ Arrange for Polygraph Tests when necessary
▸ Review all investigative reports, i.e., IBR reports
▸ Assist the Commonwealth Attorney or his assistant, in preparation of cases for trial, provide
testimony for Commonwealth in criminal prosecution
▸ Converse with Commonwealth Attorney or his assistant in reference to active cases when
necessary.
▸ Supervise General Detective Division to ensure that all criminal cases are properly
investigation in a timely manner
▸ Maintain investigation supplies, i.e., supplies needed for investigative purposes
▸ Responsible for detective annual evaluations
▸ Attend training and specialized training and seminars as assigned by the sheriff
▸ Preformed related tasks as related to criminal investigations
▸ Assigned as a member of the Alleghany Highlands Major Crime Team, with the
understanding that criminal investigations for the Alleghany County Sheriff’s Office is first
priority.
▸ Make on call schedule for detective division
▸ Perform other tasks that may be assigned by the sheriff

Knowledge-Skills-Abilities
Comprehensive knowledge of the rules and regulations of the Alleghany County Sheriff’s Office.
Thorough knowledge of approved principles, practices and procedures of law enforcement work.
Thorough knowledge of pertinent Federal and State laws and local ordinances. Thorough knowledge
of the geography of Alleghany County, City of Covington and the Towns of Clifton Forge and Iron
Gate. Thorough knowledge of search & seizure and laws of arrest. The ability to assign, direct and
supervise the work of subordinates. The ability to deal with the general public courteously and
firmly and to establish and maintain satisfactory public relations. The ability to analyze complex law
enforcement problems and situations and to develop and implement effective and reasonable courses
of action. The knowledge and skill in the use of personal computer and sheriff’s office software.
Ability to use good judgment in the performance of duties. The ability to plan, assign and supervise
the activities of the Detective Division of the Alleghany County Sheriff’s Office. Thorough
knowledge of the rules and regulations of the daily operation of the Alleghany County Sheriff’s
Office. Skills in firearms and defensive tactics.

Contacts:
Sheriff Field Supervisors Commonwealth Attorney Office
Chief Deputy Field Deputies Other Agency Personnel
Detectives Jail Personnel Fellow Workers
Chief Jail Administrator Court Officials General Public

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Three (3) years law enforcement experience
Investigative experience is preferred but not mandatory
Computer experience
Associates Degree in Criminal Justice or related field is preferred but not mandatory
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34F EFFECTIVE DATE: 01/01/12

GENERAL DETECTIVE JOB DESCRIPTION

Supervisor: Chief Detective

Job Objective:
In addition to the essential functions and responsibilities of the sworn officer, this assignment is
distinguished from uniformed deputy functions in that it centers upon investigations of felonies and
other serious crimes. Investigations are conducted by members of the Alleghany County Sheriff’s
Office assigned to the Detective Division. Personnel selected for detective positions may be assigned
to various categories of sub-specialization to include special investigations, auto theft, fraud, murder,
rape, robbery, larcenies, burglary and other serious crimes, etc. Cases are assigned to detectives for
investigation and are followed through to conclusion, usually prosecution. The detective may be
called to duty after regularly scheduled work hours to conduct investigations of crimes and related
incidents. Work is performed under the general supervision of the Chief Detective of Investigations.

Typical Tasks:
▸ Detectives work under the supervision of the Chief General Detective and are assigned
criminal cases to investigate.
▸ Investigate acts of crime in a timely manner
▸ Assigned criminal cases are to be investigated in a timely manner.
▸ Conduct interviews of complainant/victims and witnesses
▸ Serve warrants, make arrests and processes the accused persons
▸ Prepares and executes search warrants
▸ Interrogates suspects, gathers evidence and conducts surveillance
▸ Photographs crime scenes, does related crime scene processing
▸ Develops informants for purposes of gathering intelligence of criminal activity
▸ Prepare and maintain detailed reports, records and files
▸ Maintain contact with crime victims
▸ Prepare photographic lineups for identification when necessary
▸ Arrange for Polygraph Tests when necessary
▸ Assist Chief General Detective in supervising any major crime scene
▸ Attend training and specialized training and seminars as assigned by the sheriff
▸ Perform all related tasks as related to criminal investigations
▸ Assigned as a member of the Alleghany Highlands Major Crime Team, with the
understanding that criminal investigations for the Alleghany County Sheriff’s Office is first
priority.
▸ Assist Commonwealth Attorney or his assistant, in preparation of cases for trial, provide
testimony for the Commonwealth in criminal prosecution
▸ Converse with the Commonwealth Attorney or his assistant, in reference to active cases when
necessary
▸ Work with Field Deputy Supervisors and Field Deputies to ensure proper information is
relayed to help in the investigation and clearance of criminal cases.
▸ Perform other tasks as may be assigned by the Chief Detective or the Sheriff.

Knowledge-Skills-Abilities
Knowledge of the rules and regulations of the Alleghany County Sheriff’s Office. Thorough
knowledge of approved principles, practices and procedures of law enforcement work. Thorough
knowledge of pertinent Federal and State laws and local ordinances. Thorough knowledge of the
geography of Alleghany County, City of Covington and Towns of Clifton Forge and Iron Gate.
Thorough knowledge of search and seizure and laws of arrest. Investigative skills. The ability to
deal with general public courteously and firmly and to establish and maintain satisfactory public
relations. The ability to analyze complex law enforcement problems and situations and to develop
and implement effective and reasonable courses of action. The knowledge and skills in the use of
personal computers and sheriff’s office software. Ability to use good judgment in the performance
of duties. Skills in firearms and defensive tactics. Ability to work well with Field Supervisors and
Field Deputies. Ability to follow oral and written directives as may be issued by the Chief Detective
or Sheriff. Thorough knowledge of the rules and regulations of the daily operations of the Alleghany
Sheriff’s Office.

Contacts:
Sheriff Jail Personnel
Chief General Detective Court Officials
Chief Deputy Commonwealth Attorney Office
Chief Jail Administrator Other Agency Personnel
Field Supervisors Fellow Workers
Field Deputies General Public

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Three (3) years law enforcement experience
Investigative experience is preferred but not mandatory
Computer Experience
Associates Degree in Criminal Justice or related field is preferred but not mandatory
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34G EFFECTIVE DATE: 11/05/09

ANIMAL CONTROL OFFICER JOB DESCRIPTION


Supervisor: Chief Deputy

Job Objective:
The Alleghany County Animal Control Officer will provide animal control for the County of
Alleghany by enforcing all state animal control law and local ordinances. The Animal Control
Officer will response to all citizens complaints and patrol the county, observing for animal
control violations.
Typical Tasks:
▸ Enforce all state laws and local ordinances as pertains to animal control
▸ Capture and transport dogs to the animal shelter
▸ Patrol the county for animal control violations
▸ Conduct investigations into any all animal control cases
▸ Attend training and seminars as may be necessary for all animal control certifications
▸ Any other tasks that may be assigned
▸ Being a certified law enforcement deputy, the animal control officer will perform the
duties and tasks of a law enforcement deputy when needed.

Knowledge-Skills-Abilities
Thorough knowledge of all state animal control law and local ordinances. Thorough knowledge
of the geography of the county. Knowledge of the laws of arrest and investigative procedures.
Ability to question and interview skillfully. The ability to deal with the general public
courteously and firmly and to establish and maintain satisfactory public relations. The skills to
operator a animal control vehicle or patrol vehicle. The skills to safety capture animals. Skills in
firearms and defensive tactics. Also, same knowledge, skills and abilities as a law enforcement
officer when called upon to act in that capacity. Knowledge of all necessary reports and records
as may pertain to the Animal Control position.
Contacts:
Sheriff Court Officials
Chief Deputy Commonwealth Attorney
Law Enforcement Deputies Other Agency personnel
Dispatchers Fellow Workers
Animal Shelter Workers Jail Staff
General Public

Education and Experience:


High School Diploma or the equivalent of a GED
Age 21 or older
Computer Experience
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 34H EFFECTIVE DATE: 11/05/09

CORRECTIONAL/INMATE WORK CREW

Supervisor: Chief Jailor

Job Objective:
A deputy is responsible for the efficient performance of required duties conforming to the rules and
regulations and general orders. Duties consist of, but are not limited to, general correctional
responsibilities and supervisor of the inmate work crew.

Typical Tasks:
▸ The tasks of the deputy are those tasks listed in General Order 35B inclusive and all other
duties that may be assigned by the Jail Administrator or Chief Jailor.
▸ Tasks as outlined for jail deputy in General Order 35B must be known since this position
requires routine contact with inmates, especially through the inmate work crew.
▸ Supervisor of the inmate work crew or details as assigned by the Jail Administrator or Chief
Jailor outside of the jail complex.
▸ Routine supervisor of trustees in and around the jail complex performing janitorial or
grounds maintenance as directed by a supervisor.
▸ Maintain equipment and transportation units as directed by a supervisor.
▸ Conduct patrols of county buildings and property while enforcing state and county
ordinances.
▸ This position can be supervisory or non-supervisory and duties are performed on an assigned
shift.

Knowledge-Skills-Abilities
All those characteristics as described in General Order 34B and 35B.

Contacts:
Sheriff Commonwealth Attorney
Supervisors Other Agencies
Investigators Jail Staff
Dispatch Staff Inmates
Fellow Workers Court Officials
County Officials General Public

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Computer Experience
Associates Degree in Criminal Justice or related field is preferred but not mandatory
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 35 EFFECTIVE DATE: 11/05/09

JAIL ADMINISTRATOR JOB DESCRIPTION

Supervisor: Sheriff

Job Description:
The Jail Administrator is in charge of the overall operation of the Alleghany Regional Jail. The
Jail Administrator will direct the daily operations of the jail within the policy guidelines
established by the sheriff, rules and regulations issued by the Department of Corrections, State
Health Department, Fire Marshall and laws contained in the Code of Virginia.

Typical Tasks:
▸ Supervise the performance and duties of the jail staff
▸ Conduct evaluations of the jail staff each March and issue instructions required to correct
deficiencies.
▸ Investigate any unusual events in the jail and report same to the sheriff.
▸ Direct, counsel and assist personnel with reference to their work assignments and
activities.
▸ Supervise the Medical Staff
▸ Supervise the scheduling of inmates for court and/or transfer to other institutions.
▸ Choose and appoint inmates who show good cause that they should be considered for
trustee, providing the inmate meets all rules and regulations.
▸ Insure that all work release inmates meet all rules and regulations.
▸ Prepare or cause to be prepared all necessary reports of jail time for courts and
Department of Corrections.
▸ Keep custody of all jail keys, issue them as required to operate the jail.
▸ Ensure that all jail records, reports and files are accurate and complete.
▸ Ensure that all state reports are accurate, complete and submitted properly and timely.
▸ Prepare and maintain a work schedule for all jail personnel.
▸ Prepare a vacation schedule for all jail personnel.
▸ Approve or disapprove compensation and overtime for all jail personnel and keep a
record of same.
▸ Maintain jail account #246
▸ Ensure that all necessary jail maintenance is completed.
▸ Inspect jail daily and issue instructions required to maintain the jail sanitary and efficient
operating conditions.
▸ Schedule all jail inmate work details and cause same to be properly supervised.
▸ Assist with the preparation of the county and state budget requests.
▸ Supervise the jail kitchen staff.
▸ Complete and supervise special projects, reports or assignments as directed by the sheriff.
▸ All other tasks that may be assigned by the sheriff.

Knowledge-Skills-Abilities
Considerable knowledge of principles of modern penology, especially in the areas of correction
custody, security and discipline. Considerable knowledge of the Department of Corrections rules
and regulations. Considerable knowledge of administrative management. Skills in the use of
firearms, defensive tactics and restrains. Ability to plan, assign and supervise the activities of the
jail and jail personnel. Ability to use good judgment in the performance of duties. Ability to
establish an effective working relationship with fellow workers, inmates and the general public.
Thorough knowledge of the rules and regulations of the Alleghany Regional Jail. Thorough
knowledge of the overall operation of the Alleghany Regional Jail and the Alleghany Sheriff’s
Office.

Contacts:
Sheriff County Officials
Jail Supervisors Other agency personnel
Jail Staff Commonwealth Attorney
Court Officials Inmates
Department of Corrections Fellow Workers
Compensation Board General Public

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Associates Degree in Criminal Justice or related field is preferred but not mandatory
Computer experience
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 35A EFFECTIVE DATE: 11/05/09

JAIL SUPERVISOR JOB DESCRIPTION

Supervisor: Jail Administrator

Job Description:
The Jail Supervisor is in charge of the daily operation of the Alleghany Regional Jail. The Jail
Supervisor will direct the daily operation of the jail on the shift he/she is assigned.. The
Alleghany Regional Jail will be supervised within the policy guidelines established by the sheriff
and jail administrator, rules and regulations issued by the Department of Corrections, State
Health Department, Fire Marshall and laws contained in the Code of Virginia. The Jail
Supervisor is in charge of the daily operation of the Alleghany Regional Jail.

Typical Tasks:
▸ Perform the duties of senior or supervisory deputy for the shift to which he/she is
assigned by taking charge of the jail and all inmates therein for the security and well
being of the inmates housed in the jail during the shift, within the policy guidelines
established by the sheriff, jail administrator, laws contained in the Code of Virginia and
the Department of Corrections.
▸ Know and follow all rules and regulations included in the Alleghany Regional Jail Policy
and Procedures.
▸ Supervise the daily operation of the Alleghany Regional Jail
▸ Supervise the performance and duties of the Jail Deputy
▸ Investigate any unusual events in the jail and report same to Jail Administrator
▸ Assist in supervising the scheduling of inmates for court and/or transfer to other
institutions
▸ Insure that all jail records, reports, and files are accurate and complete
▸ Inspect jail daily and issue instructions required to maintain the jail sanitary and efficient
operating condition
▸ Check the jail shift log (schedule) and take corrective action when necessary
▸ Check all security devices to assure they have not been breached
▸ Supervise searches of the jail to assure no contraband is available to inmates and to detect
attempts to escape
▸ Supervise the proper admission and release of inmate
▸ Supervise the issue of clothing, bedding, personnel hygiene items, canteen, and food
▸ Supervise the issue of medicine prescribed by a physician in the absence of the jail nurse
▸ Supervise the scheduling of inmates for hospital, doctor or dental treatment as the need
arises
▸ Supervise the inmates being visited by family and friends during visiting hours and other
times approved by the Jail Administrator
▸ Interview inmates to ascertain their problems and take action to assure they are treated in
a humane manner while in jail
▸ Supervise the preparation of the inmate booking procedure, inmates records logged,
maintenance of court records, telephone, disciplinary, visitors, attorney visits, inspection
of records and dates relative to inmates and jail operations
▸ Supervise the recording of all court action relative to the inmate on his/her jail file; also
make or change any court date when authorized by the court or magistrate.
▸ Place or cause the inmates to be placed in the proper cell or area of the jail.
▸ Detail the deputies on his shift to supervise the cleaning of the jail
▸ Thoroughly know the operation of the Jail Management System and other technical
equipment, such as; Live Scan, Central Control Computer, etc and be able to operate the
same.
▸ Supervise and ensure that Central Control is properly maned during the shift
▸ Know the rules and regulations and laws applicable to the operation of the jail
▸ Supervise the checking in and out of the jail those on work release and serving weekend
sentences, report to the jail administrator any failing to report on time or other problems
with work release or weekend sentences
▸ Maintain discipline and order in the jail by subduing any disorders and prepare reports on
any inmate violating rules or regulations and record in the Unusual occurrence Log any
disciplinary action taken during his/her shift and report same to Jail Administrator.
▸ Recommend, to the Jail Administrator, any inmate who has shown good cause for
consideration for work detail as trustee or a member of the Jail Work Force
▸ Assure that the Constitutional Rights of all inmates are protected, as provided by law, and
protect them from each other.
▸ Answer questions pertaining to the status of inmates asked by people on the telephone
from Judges, Attorneys, Bondsmen and from the Jail Administrator or Sheriff.
▸ Council inmates about their personal problems and do as much for them as can be done
during his/her shift. Make contact with any outside agency that may be needed to help
with the problem.
▸ Activate emergency plans for the jail in emergencies during the shift and relay to the Jail
Administrator any emergencies reported to him/her.
▸ Perform as many of the Jail Administrator’s duties as possible to achieve the Standards of
Performance required by the Jail Administrator, Sheriff and Department of Corrections
▸ Execute any orders issued by the Jail Administrator or the Sheriff
▸ Is required to report for emergency duty any time 24 hours a day
▸ Carry out all other duties as may be assigned by the Sheriff or Jail Administrator.

Knowledge-Skills-Abilities
Considerable knowledge of principles of modern penology, especially in the areas of correction
custody, security and discipline. Considerable knowledge of the Department of Corrections rules
and regulations. Considerable knowledge of administrative management. Skills in the use of
firearms, defensive tactics and restrains. Ability to plan, assign and supervise the activities of the
jail and jail personnel. Ability to use good judgment in the performance of duties. Ability to
establish an effective working relationship with fellow workers, inmates and the general public.
Thorough knowledge of the rules and regulations of the Alleghany regional Jail. Thorough
knowledge of the overall operation of the Alleghany Regional Jail and the Alleghany Sheriff’s
Office. Ability to detect behavior problems in inmates. Ability to detect the early symptoms of
common health problems. Ability and knowledge to give oral and written directives and ensure
that same are carried out. Knowledge, skills and ability to supervise and control the shift to
which you are assigned.

Contacts:
Sheriff County Officials
Jail Administrator Other Agency personnel
Jail Staff Commonwealth Attorney
Court Officials Inmates
Department of Corrections Fellow Workers
County Officials
General Public

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Associates Degree in Criminal Justice or related field is preferred but not mandatory
Computer experience
Must have 2 years corrections experience before qualifying as a candidate for Corporal
Must have 2 years supervisory corrections experience before qualifying as a candidate for
Sergeant.
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 36 EFFECTIVE DATE: 11/05/09

COURT BAILIFF JOB DESCRIPTION

Supervisor: Chief Deputy

Job Objective:
To provide court room security for the court room and setting judge. Court room security will be
provided for the Alleghany County Circuit Court, Alleghany County General District Court and
the Alleghany County Juvenile and Domestic Relations Courts for all criminal and civil cases.
At least one (1) deputy will be assigned to the court for all above style cases. If additional
deputies are needed the chief deputy will make the necessary assignments.

Typical Tasks:
▸ Perform all duties of the Court Bailiff for the Alleghany County Sheriff’s Office by
assisting in taking charge of the courtroom, setting up the court according to the type of
court to be held, within the policy guidelines established by the sheriff and the laws
contained in the Code of Virginia.
▸ Search the court room and its environment for contraband, damage, and security each day
before and after each court session.
▸ Open the court by announcement required by law or by other means as may be directed
by the judge.
▸ Maintain order and decorum in the court room while the court is in session by removing
those persons creating a disturbance as directed by the court.
▸ Bring before the court all inmates to be tried or heard and receive new inmates committed
to the custody of the sheriff or jail. Those inmates going from the jail to court or court to
the jail shall be handcuffed.
▸ Take charge of all witnesses excluded from the court room and direct them to the proper
waiting place and call them before the court as directed by the court.
▸ Execute all orders issued by the court from the bench.
▸ Execute all orders issued by the sheriff or chief jail administrator.
▸ Is required to know the laws pertaining to court operations, posting of bonds, and
commitment to the jail.
▸ Is required to report to or remain on emergency duty any time 24 hours a day.
▸ Perform duties of Deputy Sheriff when not serving as court bailiff.
▸ Perform all other duties as may be assigned by the sheriff or chief deputy.

Knowledge-Skills-Abilities
Thorough knowledge of the operation of the court system for each court. Ability to establish
effective working relationships with court personnel. The ability to deal with the general public
courteously and firmly and to establish and maintain satisfactory public relations. Skills in
firearms, defensive tactics and restrains.

Contacts:
Sheriff
Chief Deputy
Judges
Court Personnel
Commonwealth Attorney
Defense Attorneys
Witnesses
Victims
Inmates
Jail Personnel
General Public

Education and Experience


High School Diploma or the equivalent of a GED
Age 21 or older
Certified Law Enforcement Deputy or in Court Room Security
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 37 EFFECTIVE DATE: 11/05/09

COOK A / COOK B / PART-TIME COOK

Supervisor: Chief Correctional Officer/Administrator

Job Objective:
Perform responsible routine work in providing meals for inmates of the Alleghany Regional Jail,
following all tasks necessary to provide these services while using the knowledge, skills and abilities
required.

Typical Tasks:
▸ Maintain appropriate records and documentation in compliance with all federal, state and local
laws pertaining to food service and health rules and regulations.
▸ Responsible in estimating and ordering food supplies and other necessary supplies.
▸ Responsible for keeping food supplies and other necessary supplies in stock.
▸ Receive and stock food supplies and other necessary supplies.
▸ Maintain sanitary standards (includes personal, equipment, and general cleaning)
▸ Responsible for menu preparation.
▸ Participate in preparing and serving food.
▸ Operation of all kitchen equipment.
▸ Enforce inmate and employee rules and regulations pertaining to the kitchen.
▸ Inventory all utensils issued during the general operation of the kitchen and maintain all
equipment in its’ proper place.
▸ Supervise inmate workers and trustees in preparing food, serving food, cleaning of the kitchen
equipment and the kitchen in general.
▸ Report disorderly behavior and rule violations of employees and inmates to Jail Administrator or
Supervisor on duty.
▸ Other duties as may be assigned by supervisors or written memos or directives.

Knowledge-Skills-Abilities
General knowledge of materials and methods used in preparing food on a large scale plus the use and care
of utensils and equipment. General knowledge of food values and nutrition; skills in cutting and carving
meats; skills in preparing other foods; ability to supervise other in food preparation and cooking
processes. The ability to establish and maintain effective working relationships with other employees.
The ability to work for considerable periods of time in preparing large amount of food. The ability to be
available for emergency duty.

Contacts:
Chief Jailor/Administrator
Jail Supervisor/Sgt.
Jail Supervisor/Corp.
Jail Deputy
Kitchen staff
Inmates
Secretaries
Delivery persons

Note: Cook B is in charge of the daily operation of the jail kitchen. Cook A will be in charge in the
absence of Cook B, and part-time cook will be in charge in the absence of both Cook B and Cook A.
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 38 EFFECTIVE DATE: 11/05/09

ADMINISTRATIVE ASSISTANT/RECEPTIONIST JOB DESCRIPTION

Supervisor: Sheriff

Job Objectives:
Ensure that telephone calls are answered and transferred, or messages taken and delivered, to the
appropriate recipients. Prepare outgoing mail and deliver to the proper person for process. Receive
incoming mail, sort and deliver to the proper departments. Completion of purchase orders for the
department. Receive and distribute orders for the department. Complete jury summons as may be
received from the Circuit Court. Secretarial duties. Prepare and distribute all necessary forms and
reports.

Typical Tasks:
▸ Greets the public and answers department/jail related inquiries
▸ Receive incoming telephone calls
▸ Receive incoming mail
▸ Prepare outgoing mail
▸ Assist to collect information for and submits annual budget requests for the County and
Compensation Board.
▸ Knowledge top prepare monthly payroll and submit to the state through the COIN System
▸ Assist to maintain and record all information as may pertain to the County and
Compensation Board Budgets
▸ Assist in completion of all purchase orders for the department
▸ Assist to prepare and submit workman’s compensation claims
▸ Assist in the preparation of all reports and forms to the county, city, and all state agencies.
▸ Keep accurate records of all incoming and outgoing money that may be received by the
sheriff’s office or paid by the sheriff office, such as service fees, etc. as requested.
▸ Maintains Sheriff’s Office checking accounts as needed.
▸ Perform general office work as directed by the chief deputy or sheriff, such as: memos,
letters, or other correspondence.
▸ Assist in maintaining evidence room records and lab reports as requested by detectives
division.
▸ Assist with evidence packaging and submission as well as evidence room organization.
▸ Knowledge of COIN, LIDS, jail commissary and civil process entries should assistance in
those areas be necessary.
▸ Perform any other duties that may be assigned by the sheriff and be available for emergency
duty when needed.
Knowledge-Skills-Abilities
Secretarial skills. Thorough knowledge of the operation of the Alleghany County Sheriff’s Office.
Thorough knowledge of budget procedures. Knowledge of county and state purchase order policies.
Telephone skills. Ability to perform multiple tasks. Computer skills and knowledge. Knowledge
and ability to prepare letters, reports, forms, memo, etc. Ability to converse and handle the general
public. Thorough knowledge of the preparation of the monthly payroll forms and reports.

Contracts:
Sheriff
Chief Deputy
Jail Administrator
Other employees
General Public
Other agency personnel
Compensation Board
Department of Criminal Justice Services
County Official
Court Officials

Education and Experience


High School Diploma or the equivalent of a GED
Secretary and Clerical Experience
Accounting Experience
Computer Experience
Experience working with the General Public
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 39 EFFECTIVE DATE: 02/20/19

ATTIRE FOR UNIFORM AND NON-UNIFORM PERSONNEL

I. POLICY:
The image of the Alleghany County Sheriff’s Office depends on the personal
integrity, discipline and appearance of all Sheriff’s Office personnel.

II. PURPOSE:
To establish guidelines for uniform and non-uniform personnel of the Alleghany
County Sheriff’s Office.

III. PROCEDURE - GENERAL

1. Uniform Personnel:
All uniform personnel will wear a clean pressed uniform daily. The uniform
shirt will consist of the following: Badge, Name Tag, Rank Insignia, SWAT
Insignia, “Serving Since” Insignia, EMT Insignia. All other insignia, buttons,
pins, etc. are not allowed unless approved by the Sheriff. All uniform
personnel will wear tan trousers with brown stripe, brown shirt, black shoes
or boots, and all black accessories.
a. Issued BDU Uniform: The brown issued BDU uniform may be worn
by Uniform personnel as follows:
Field Deputies: Night Shift, Evening Shift, Special Assignment or
Inclement weather.
Jail Deputies: Evening Shift, Night Shift (6p-6a) or Special
Assignments.
The same insignias may be worn as on the regular uniform shirt.
b. K-9 Officers may wear BDU’s or black T-shirts on evening and night
shifts if the K-9 is with them. K-9 officers will wear complete
uniform as listed above for all scheduled Circuit court appearances
regardless.

2. Uniform Field Deputies:

a. Summer (April 1 – October 1)


Short sleeve brown shirt with black t-shirt and brown straw hat.
b. Winter (daylight shift) (October 1 – April 1).
Long sleeve brown shirt with tie and brown hat
c. Winter (night shifts)
Same as daylight shift or long sleeve brown shirt with black mock
turtle neck. No full turtle necks allowed.
c. Brown issued jacket or coat on all shifts as needed.
1. Short sleeve shirts: Short sleeve shirts will be allowed year-round
with a donation to a charity of the Sheriff’s choice. Donations will
be a one-time payment per year. Court appearances will require a
long sleeve uniform in the winter.

3. Jail Deputies

a. Daylight Shift: Traditional uniform - Short sleeve in summer


w/black t-shirt. Long sleeve w/tie in winter. (Dates according to
Policy or Memo)
b. Evening & Night Shifts: May wear either the Traditional Uniform or
the BDU’s. If wearing BDU’s, wear either the matching brown shirt
or pull over golf shirt. (NO BLACK T-SHIRTS ONLY)
c. Firearms: It is the policy that whenever in uniform you shall WEAR
your duty weapon. This can be either the entire issued duty belt or if
desired your weapon with your off duty holster.
d. White Dress Shirts: Special occasions or events that will be decided
by the Sheriff or his designee.
e. Jacket; Hat: Brown issued jacket or coat on all shifts and brown hat

1. Short sleeve shirts: Short sleeve shirts will be allowed year-round


with a donation to a charity of the Sheriff’s choice. Donations will be
a one-time payment per year. Court appearances will require a long
sleeve uniform in the winter.

4. Body Armor (Bullet Proof Vests)


All Uniform Field Deputies are required to wear bullet proof vests while on
duty. Office administration if in uniform shall have bullet proof vests
available for emergency situations.

5. Hats: Field Deputies will wear hats while in traditional uniform with the
exception of Traffic stops, emergency exits from patrol vehicle and when
wearing the hat will interfere with officer safety. Hats will be worn at special
assignments, such as; sporting events, funerals, etc. or other times that may be
suitable or required by the sheriff. Hats will be required at in door sporting
events as well. Baseball style hats and toboggans that have been approved by
the sheriff may be worn as follows:
Baseball caps-evening and night shift or on special assignment approved by
supervisor on duty.
Toboggans-October 1-April 1.
6. Court Uniforms: Circuit Court: Assigned uniform or if plain clothes, coat and
tie. General District or Juvenile Court: the assigned uniform or coat and tie if
plain clothes are worn.

7. Shoes and Boots: Keep clean & shined

8. Non-Uniform Law Enforcement Personnel: Non-uniform law enforcement


personnel will wear dress type clothing, which shall include a collared shirt
and dress type trousers. A tie is not required, but strongly suggested,
especially when duty is required in the public, such as investigations. No
jeans or tennis shoes are allowed.

9. Special Assignments: Personnel may wear the issued brown BDU uniform
when on special assignments such as searches, drug task force operations,
emergency services operations (floods, storms, snow, etc.) If plain clothes
are necessary for drug task force operations, jeans may be worn under certain
or special circumstances.

10. Hair Cuts Females-Hair shall be clean, trimmed and present a neat
appearance. Hair shall be pulled back or shall not extend past the bottom of
the collar. Hair styles that preclude the wearing of the uniform hat in the
accepted manner are not permitted. Pins, combs or barrettes similar to the
color of the hair are permitted, provided they are unobtrusive and are
concealed as much as possible. Uniformed Female personnel will keep a neat
hair cut that that does not touch the collar of the uniform or interfere with the
performance of their duty.

11. Haircuts Males- Haircuts will be kept neat and clean. Hair will be cut above
the ears and off the collar in the back. Facial hair is limited to well-groomed
mustache that does not extend past the corner of the mouth. No beards or
other facial hair are allowed. All male personnel are expected to report to
work with clean shaven.
A. Facial Hair: Upon a donation to a charity of the Sheriff’s choice –
facial hair will be allowed. All donations will be a one-time donation. Facial
hair will be limited to a well-groomed beard or goatee and must be
professional in appearance. Beard length will be limited to ½” in depth and
will not extend 1” under the jaw line.

12. Jewelry and Accessories-Earrings are permitted as long as they are studs and
not obtrusive. No watch chains, jewelry or other articles except when issued,
will be worn exposed on the uniform, wedding bands and other rings are
permitted as long as they are unobtrusive.
13. Classroom training dress- Attire will consist of dress pants and dress style
shirt unless training requires the deputy to be in the field, at that point
appropriate attire is mandatory.

14. Dispatchers: Dispatchers will wear issued uniform shirts. All clothes will be
clean and neat.

15. Non-Uniform Support Staff


Non-uniform support staff personnel will wear clean, neat clothing.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 40 EFFECTIVE DATE: 01/01/07

POLICY REVIEW COMMITTEE

I. POLICY
It is the policy of the Alleghany County Sheriff’s Office to have a Policy
Review Committee.

II. PURPOSE
It is the purpose of this policy to have the committee review and recommend
updates to existing policies, as well as to forward any new policy
recommendations as needed.

III. PROCEDURE
A. The Policy Review Committee will:
i. Consist of five employees of the Alleghany County Sheriff’s
Office appointed by the Sheriff.
ii. Meet as needed throughout the year.
iii. Review current policies and decide if changes need to be made.
iv. Decide when new policy is needed.
v. Make the necessary recommended changes and submit them to the
Sheriff.

Policy review committee members


Cpl. R.Shull
Cpl. T. Deem
Cpl. Jefferson
Dep. J. Fitch
Dep. B. Dawson
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 41 EFFECTIVE DATE: 01/01/12

BLOODBORNE PATHOGENS

EXPOSURE CONTROL PLAN

Note: This exposure control plan is being offered as a guide to assist personnel in complying
with the VOSH/OSHA Bloodborne Pathogens Standard 1910.1030. It is not intended to
supersede the requirements detailed in the standard. Personnel should review the standard for
particular requirements which are applicable to their specific situation, and then adapt this plan
accordingly. As a part of this plan, an employer will have a schedule for maintenance and/or
replacement of engineering controls and a housekeeping schedule and procedure for
decontamination of contaminated surfaces and equipment. Please note that this plan does not
include provisions for HIV/HBV laboratories and research facilities which are addressed in
section (e) of the standard. Personnel in these settings will need to add information relevant to
their particular facility. The italicized content includes suggested approaches, and is not to
indicate a single method of accomplishing exposure control.

BLOODBORNE PATHOGENS EXPOSURE PLAN


I. Introduction

The OSHA/VOSH 1910.1030 Bloodborne Pathogens Standard was issued to reduce the
occupational transmission of infections caused by microorganisms sometimes found in human
blood and certain other potentially infectious materials. Although a variety of harmful
microorganisms may be transmitted through contact with infected human blood, Hepatitis B
Virus (HBV) and Human Immunodeficiency Virus (HIV) have been shown to be responsible for
infecting workers who were exposed to human blood and certain other body fluids containing
these viruses, through routes like needlestick injuries and by direct contact of mucous
membranes and non-intact skin with contaminated blood/materials, in the course of their work.
Occupational transmission of HBV occurs much more often than transmission of HIV. Although
HIV is rarely transmitted following occupational exposure incidents, the lethal nature of HIV
requires that al possible measures be used to prevent exposure to workers.
This exposure plan has been established for the Alleghany County Sheriff’s Office in order to
minimize and to prevent, when possible, the exposure of our personnel to disease- causing
microorganisms transmitted through human blood, and as a means of complying with the
Bloodborne Pathogens Standard. All personnel who are exposed to blood and other potentially
infectious materials as a part of their job duties are included in this program. This program will
be reviewed at least annually and updated as necessary by Major K.O. Nicely, Chief Jailor and/or
Deputy D.W. Knick, Jr., Field Deputy Division. Each personnel is provided a copy in their
Department Policy Manual and copies posted in the offices of the Alleghany County Sheriff’s
Office.

Basic components of this exposure control plan include:


▸ Exposure Determination
▸ Methods of Compliance
▸ Hepatitis B Vaccination Policy
▸ Procedures for Evaluation and Follow-up of Exposure Incidents
▸ Personnel Training
▸ Record Keeping Procedure

II. EXPOSURE DETERMINATION

All job categories in which it is reasonable to anticipate that personnel will have skin, eye,
mucous membrane, or parenteral contact with blood or other potentially infectious material will
be included in this exposure control plan. Exposure determination is made without regard to the
use of personal protective equipment (i.e. personnel are considered to be exposed even if they
wear personal protective equipment.)

Other Potentially Infectious material (OPIM)

Body Fluids Other Materials


semen Any unfixed tissue or organ
vaginal secretions (other than intact skin) from a human
cerebrospinal fluid
pleural fluid
pericardial fluid HIV/HBV containing cell or tissue cultures, organ
amniotic fluid Cultures, and culture medium
any body fluid visibly contaminated
With blood Blood, organs, or other tissues from experimental
saliva in dental procedures animals with HIV or HBV

LIST A
ALL PERSONNEL ARE EXPOSED

All personnel in job categories listed here are included in this plan:

Sheriff, Field Deputies, Correctional Deputies, Dispatchers, Court Service Deputies, Secretaries,
Clerks, LIDS Technician, Cooks, and Jail Nurse.

III. METHODS OF COMPLIANCE


Universal Precautions
All blood or other potentially infectious materials (as described in II. Exposure Determination)
shall be handled as if contaminated by a bloodborne pathogen. Under circumstances in which
differentiation between body fluid types is difficult or impossible, all body fluids shall be
considered potentially infectious materials.
Engineering and Work Practice Control shall be used to eliminate or minimize personnel
exposure. Where occupational exposure remains after institution of these controls, personal
protective equipment shall also be used. The following engineering controls will be utilized:
▸ Sharps Containers
▸ Biologic Safety Equipment
▸ Personal Protective Equipment Kits
The above controls will be maintained or replaced on a regular schedule. The schedule for
reviewing the effectiveness of the controls is as follows:
Lt. D.W. Knick, Jr. & Major K.O. Nicely will review the policy once a year.

Handwashing and other General Hygiene Measures

Handwashing is a primary infection control measure which is protective of both the employee
and the patient. Appropriate handwashing must be diligently practiced. Personnel shall wash
hands throughly using soap and water whenever hands become contaminated and as soon as
possible after removing gloves or other personal protective equipment. When other skin areas or
mucous membranes come in contact with blood or other potentially infectious materials, the skin
shall be washed with soap and water, and the mucous membranes shall be flushed with water, as
soon as possible.
Hands will be washed every time you come in contact with blood or other potentially infectious
materials. If in the field, alcohol or antiseptic cleaner may be used until which time you can
wash with soap and water.
Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are
prohibited in work areas where there is a reasonable likelihood of exposure to blood or other
potentially infectious materials.
Food and drink shall not be kept in refrigerators, freezers, shelves, cabinets or on countertops or
benchtops where blood or other potentially infectious materials are present.
Personnel shall use practices to minimize splashing, spraying, spattering, and generation of
droplets during procedures involving blood or other potentially infectious materials.
All personnel will read and follow the above instructions.

Sharps Management:

Contaminated needles and other contaminated sharps shall not be bent, recapped or removed.
Shearing or breaking of contaminated needles is prohibited.
Sharps containers must be closable, puncture resistant, labeled or color coded, and leakproof on
sides and bottom, and maintained upright throughout use. Containers are to be easily accessible
to personnel and located as close as is feasible to the immediate area where sharps are used or
found. Contaminated disposable sharps shall be discarded, as soon as possible after use, in the
disposable sharps containers. Contaminated broken glass is also to be placed in disposable
sharps containers. As soon as possible after use, reusable contaminated sharps are to be placed
in the reusable sharps container until properly processed.
Compliance Officers will be in charge of placing the necessary sharps containers in this facility
and in each patrol vehicle. Compliance Officers will also be in charge of replacing the sharps
containers, when needed, to avoid overflowing. Overflowing does create a hazard.
Precautions in Handling Specimens:
Specimens of blood or other potentially infectious materials shall be placed in a container which
prevents leakage during collection, handling, processing, storage, transport, or shipping. The
container must be closed before stored, transported, or shipped.
Containers must be labeled/colored coded if they go out of the facility. DNA container will be
labeled as required by law.
If outside contamination of the primary container occurs, or if the specimen could puncture the
primary container, the primary container shall be placed within a secondary container which
prevents leakage, and/or resists puncture during handling, processing, storage, transport or
shipping. Sharps containers shall be puncture proof.

Management of Contaminated Equipment:

Assess equipment for contamination and decontaminate, if possible, before servicing or shipping.
Equipment which has not been fully decontaminated must have a label attached with information
about which parts remain contaminated.
Major K.O. Nicely and Deputy D.W. Knick, Jr. are the compliance officers in charge of the
method of decontamination is to be used.

Personal Protection Equipment

General Guidelines:

All personal protection equipment will be provided, repaired, cleaned and disposed of by the
employer at no cost to the employee. Employees shall wear personal protection equipment when
doing procedures in which exposure to the skin, eyes, mouth, or other mucous membrane is
anticipated. The articles to be worn will depend on the expected exposure. Gloves, gowns, lab
coats, face shields, masks, eye protection, mouthpieces, resuscitation bags, pocket masks are
available. All protective equipment will be under the supervision of the compliance officers and
will be kept secured in a safe place. Protective equipment will be issued to each Field Deputy, to
be placed in each patrol vehicle.
If a garment is penetrated by blood or other potentially infectious material, the garment shall be
removed as soon as possible and placed in a designated container for disposal. All personal
protective equipment shall be removed before leaving the work area and placed in assigned
container for disposal. Each employee will be issued a (red) contaminated garment bag and
additional bags available as needed.

Protection of Hands
Gloves shall be worn in the following situations:
- when it can be reasonably anticipated that hands will contact blood or other potentially
infectious materials, mucous membranes, and non-intact skin;
- when performing infectious vascular access procedures
- when handling or touching contaminated items or surfaces, such as crime scene, accidents, etc.
- when searching a prisoner
Gloves will be disposed of properly, in a contaminated bag only when contaminated with some
type of blood or other potentially infectious material.
Disposal Gloves:

- Replace as soon as feasible when gloves are contaminated, torn, punctured, or when their
ability to function as a barrier is compromised.
- Do not wash or decontaminate single use gloves for re-use.

Utility Gloves:

- Decontamination for re-use if the gloves are in good condition and not compromised.
- Discard when gloves are cracked, peeling, torn, punctured or show other signs of deterioration
- Utility gloves shall be worn, when possible, during searches.

Protection for Eyes/Nose/Mouth

Employees shall wear masks in combination with eye protection devices or chin-length face
shields whenever splashes, spray, spatter, or droplets of blood or other potentially infectious
materials may be generated and eye, nose, or mouth contamination can be reasonably
anticipated.

Protection for the Body

A variety of garments including gowns, aprons, lab coats, clinic jackets, etc are to worn in
occupational exposure situations. Surgical caps or hoods and/or shoe covers or boots shall be
worn in instances when gross contamination can be reasonably anticipated.

Housekeeping
General Policy

The workplace will be maintained in a clean and sanitary condition (this includes vehicles).
A cleaning solution of 10 parts water and 1 part bleach, shall be used for cleaning spills of blood
or other potentially infectious material or other body fluids.

Equipment and Environment and Working Surfaces

Clean contaminated work surfaces with appropriate disinfectant:


- after completing procedures;
- immediately or as soon as feasible when overtly contaminated or after any spill of blood or
OPIM;
- at the end of the work shift if the surface may have become contaminated since the last
cleaning.
Remove and replace protective coverings over equipment and environmental surfaces as soon as
feasible when overtly contaminated at the end of the work shift if they become contaminated.
Regularly inspections of receptacles will be the responsibility of compliance officer, Major K.O.
Nicely.
Special Sharps Precautions:
Clean up broken glass which may be contaminated using mechanical means such as a brush and
dust pan, tongs, or forceps. DO NOT pick up directly with the hands.
Reusable containers are not to be opened, emptied, or cleaned manually or in any other manner
which will expose employees to the risk of percutaneous injury. Do Not reach by hand into
container which stores reusable contaminated sharps.

Regulated Waste
Includes:

- liquid or semi-liquid blood or other potentially infectious materials;


- contaminated items that would be release blood or other potentially infectious materials in a
liquid or semi-liquid state if compressed;
- items that are caked with dried blood or other potentially infectious materials and are capable of
releasing these materials during handling;
- contaminated sharps
- pathological and micobiogical wastes containing blood or other potentially infectious material.

Waste Containers:

Any of the substances listed above must be placed in containers which are: closable, constructed
to contain all contents and prevent leakage of fluids during handling, storage, transports or
shipping.
In this facility, containers will be Red Bio-Hazzard Labels.

Containers must be closed prior to moving/removal to prevent spillage or protrusion of contents


during handling, storage, transport, or shipping. If the outside of the container becomes
contaminated, it is to be placed in a second container which must have the same characteristics
as the initial container as discussed above.

Waste containers are to be disposed of:


Incinerator at Westvaco Corp. or Alleghany Regional Hospital
Compliance Officers will be in charge of the waste container disposal.

Laundry: Jail

Employees or anyone that handles contaminated laundry are to wear protective gloves and other
appropriate personal protective equipment.
Contaminated laundry shall be handled as little as possible with minimum of agitation. Do not
sort/rinse laundry in location of use. Place in container/bag where it is used.
Bags/containers will be Red Bio-Hazzard Bags.
Laundry at this facility will be cleaned on site at the Alleghany Regional Jail

Communication of Hazards to Personnel:


Personnel will be informed of hazards through a system of training programs which will be
discussed in Section VI of this plan.
Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers
containing blood or other potentially infectious material; and other containers used to store,
transport or ship blood or other potentially infectious materials. Contaminated equipment shall
also be labeled in this manner: information about the portions of the equipment that remain
contaminated shall be added to the label.
Labels shall be fluorescent orange-red with lettering or symbols in a contrasting color. The label
is either to be an integral part of the container or affixed as close as feasible to the container by a
method which prevents or unintentional removal of the label. The label shall have; the
biohazzard symbol and the text BIOHAZZARD.
Red bags or red containers may be substituted for the warning label.
The labels/color-coding described here are not required in the following instances:
- when containers of blood, blood components, or blood products are labeled as their contents
and have been released for transfusion or other clinical use;
- when individual containers of blood or other potentially infectious materials are placed in
labeled containers during storage, transport, shipment or disposal;
- when regulations waste has been decontaminated.

Decontamination of Vehicle and Equipment:


The shift supervisor shall be notified of decontamination of any vehicle or equipment. A report
shall be submitted to the supervisor.
The affected area should be disinfected using lots of water and detergent or alcohol and allowed
to air dry. Excess body fluids should be first wiped up with approved disposable absorbent
material.
A freshly prepared solution of one part bleach and 10 parts water or fungicidal/mycobatericidal
disinfectant should be used to clean the area or equipment.
Gross or excessive fluids or contaminants:
The Sheriff or compliance officer will be contacted and discussion on disinfection method to be
done.
If the vehicle is not decontaminated immediately, the proper sign shall be placed on the vehicle
of contamination.
Personal Protective Equipment shall be worn while disinfecting the vehicle or equipment. Items
for decontamation will be kept in the Mens Locker Room on the 1st Floor of the Alleghany
County Sheriff’s Office, intake and 3rd floor control of the Alleghany regional Jail.
Affected areas should be disinfected and decontaimined according to procedure of Bio-Hazard
Kit contained in the vehicle. Follow the procedure that you were trained on in the use of the kit.

Personal Protection Kit:


When items are used and need to be replaced, contact the compliance officer for the needed
items.

IV. Hepatitis B Vaccination Policy

General Statement of Policy


All personnel who have been identified as having exposure to bloodborne pathogens will be
offered the hepatitis B vaccination series at no cost to them. In addition, these personnel will be
offered post exposure evaluation and follow up at no cost should they experience an exposure
incident on the job.
The hepatitis B vaccination series will be done at the Alleghany Health Department by a licensed
physician, physician’s assistant, or registered nurse.

Hepatitis B Vaccination
The vaccination is a series of three injections. The second injection is given one month from the
initial injection. A third injection will be given, when scheduled by the Health Department. The
third shot is considered a booster injection.
The vaccination will be made available to personnel after they have attended training on
bloodborne pathogens and within 10 working days of initial assignment to a job category with
exposure. The vaccination series will not be made available to personnel who have previously
received the complete hepatitis B vaccination series; to any personnel who has immunity as
demonstrated through antibody testing; or to any personnel for whom the vaccine is medically
contraindicated.

V. Procedure for evaluation and follow-up of Exposure Incidents:

An exposure incident is a specific eye, mouth, or other mucous membrane, non-intact skin, or
parenteral contact with blood or other potentially infectious materials that results from the
performance of an employee’s duties.
Employees who experience an exposure incident must immediately report their exposure to their
shift supervisor. The incident is then forwarded to the compliance officer and then to the Sheriff.
When an employee reports an exposure incident, he/she will immediately be offered a
confidential medical evaluation and follow-up including the following elements:
- documentation of the route(s) of exposure, and the circumstances under which the exposure
incident occurred;
- identification and documentation of the source individual unless identification is infeasible.
If the infectivity status of the source individual is unknown, the individual’s blood will be tested
as soon as feasible after consent is obtained. If the source individual’s blood is available, the
individual’s consent is not required by law, the blood shall be tested and results documented. The
exposed employee will be informed of the results of the source individual’s testing.
The exposed employee’s blood shall be collected as soon as feasible after consent is obtained,
and tested for HBV and HIV serological status. If the employee consents to baseline blood
collection, but does not give consent at that time for HIV serologic testing, the sample shall be
preserved for at least 90 days. If, within 90 days of the exposure incident, the employee elects to
have the baseline sample tested, such testing shall be done as soon as feasible
The exposed employee will be offered post-exposure prophylaxis, when medically indicated, as
recommended by the US Public Health Service. The exposed employee will be offered
counseling and medical evaluation of any reported illnesses.
The following information will be provided to the healthcare professional evaluating an
employee after exposure:
- a copy of 1910.1030 bloodborne pathogen standard;
- a description of the exposed employee’s duties as they relate to the exposure incident;
- the documentation of the route(s) of exposure and circumstances under which exposure
occurred;
- results of the source individual’s blood testing, if available;
- all medical records relevant to the appropriate treatment of the employee including vaccination
status.
Major K.O.Nicely and/or Deputy D.W. Knick shall obtain and provide the employee with a copy
of the evaluating healthcare professional’s written opinion within 15 days of the completion of
the evaluation. The written opinion will be limited to the following information:
- the employee has been informed of the results of the evaluation
- the employee has been told about any medical condition resulting from exposure to blood or
other potentially infectious materials which require further evaluation or treatment.
NOTE: All other findings shall remain confidential and shall not be included in the written
report.

VI. Employee Training


Employees will be trained regarding bloodborne pathogens at the time of initial assignment to
tasks where exposure may occur and annually, during work hours. The annual training will be
conducted at the Alleghany Sheriff’s Office on the computer CD program.
The training approach will be tailored to the educational level, literacy, and language of the
employee. The training plan will include an opportunity for employees to have their questions
answered by the trainer. Major Nicely and Deputy Knick are responsible for arranging and/or
conducting the training.
The following content will be included:
1. Explanation of the bloodborne pathogens standard;
2. General explanation of the epidemiology, modes of transmission and symptoms of
bloodborne diseases;
3. Explanation of this exposure control plan and how it will be implemented;
4. Procedures which may expose employees to blood or other potentially infectious materials;
5. Control methods that will be used at this facility to prevent/reduce the risk of exposure to
blood or other potentially infectious materials;
6. Explanation of the basis for selection of personal protective equipment;
7. Information on the hepatitis B vaccination program
8. Information on the procedure to use in an emergency involving blood or other potentially
infectious materials;
9. What procedure to follow if an exposure incident occurs;
10. Explanation of post-exposure evaluation and follow-up procedures;
11. An explanation of warning labels.

VII. Recordkeeping Procedures:

Procedures are in place for maintaining both medical and training records. If the Alleghany
Sheriff’s Office should cease business, and there is no successor employer to receive and retain
the records for the prescribed period, the Director of the National Institute for Occupational
Safety and Health will be notified at least three months prior to the disposal of records. The
records will be transmitted to NIOSH, if required by the Director, within the three months.
Medical records
A medical record will be established and maintained for each employee with exposure. The
record shall be maintained for the duration of employment plus 30 years in accordance with 29
CFR 1920.20. These records will be maintained by the Sheriff of Alleghany County with the
assistance from the compliance officers.
The records has include:
- name and SS number of the employee
- a copy of the employees hepatitis B vaccination status with dates of hepatitis B vaccination and
any medical records relative to the employee’s ability to receive vaccination;
- a copy of examination results, medical testing, and any follow-up procedure;
- a copy of the healthcare professional’s written opinion
- a copy of the information provided to the healthcare professional who evaluates the employee
for suitability to receive hepatitis B vaccination prophylactically and/or after an exposure
incident.

Confidentially of Medical Records:

The record will be kept confidential and will not be disclosed or reported without the employee’s
express written consent, expect as required by law or regulation.

Training Records:

Training records shall be maintained for 3 years from the date on which the training occurred.
The following information shall be included:
- dates of training session
- contents or a summary of the training session
- names and qualifications of the trainer
- names and job titles of all persons attending

Training records shall be provided upon request for examination and copying to employee, to
employee representatives, and to the Commissioner of the Virginia Department of Labor and
Industry in accordance with 29 CFR 1910.20.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 42 EFFECTIVE DATE: 11/05/09

COMPUTER/LIDS TECHNICIAN JOB DESCRIPTION

Supervisor: Jail Administrator

Job Objective:
The Computer/LIDS Technician shall be responsible for preparing and submitting a
monthly LIDS report to the State Compensation Board. Is required to attend a minimum
of one LIDS training session every 24 moths and meet further qualifications that may be
required by the Compensation Board or the Sheriff. The Sheriff may downgrade the
salary, one level, if the LIDS Technician does not attend Compensation Board Training
as required. Is responsible for managing the IBR system and preparing and submitting
reports each month to the Virginia State Police. Must exercise individual judgment in the
execution of their duties. Shall not discuss any information contained or deprived from
LIDS data base with any unauthorized person and shall maintain the confidentiality of the
records of this office, unless authorized by the Sheriff, Jail Administrator or subpoenaed
by the court.

Typical Tasks:
 Maintaining and submitting LIDS reports to the Compensation Board by the 9th
business day of each month.
 Management of the LIDS System
 Responsible for keeping up to date with changes in the Code of Virginia that have
an impact on LIDS reporting.
 Responsible for training other jail staff on LIDS functionality and enhancements.
 Shall compare a current jail roster to an in-house current jail roster on a weekly
basis and make necessary corrections.
 Shall have the delegated authority of the Sheriff to approve, certify and adjust the
monthly reports as required or needed.
 Shall ensure that all IBR reports are received in a timely manner and all
information is correct, and update all IBR reports as needed.
 Shall manage the IBR report system.
 Responsible for the monthly IBR submission report to the Virginia State Police by
the 10th day of each month.
 Responsible for maintaining a filing records system for both LIDS and IBR.
 Responsible for assisting the Jail Records Clerk and Classification Clerk when
necessary.
 Responsible for keeping the departments computer systems up to date and
operating and have knowledge of all pertinent computer software and hardware
used in the department.
 Shall be able to troubleshoot/diagnose as well as correct in-house computer
related problems.
 Shall be in contact with all Technical Support Companies when necessary.
 Shall compose, type and distribute routine correspondence when requested by the
Sheriff. Create reports, charts, booklets, brochures, etc. as requested by the
Sheriff.
 Shall act as secretary to the Sheriff when needed.
 Assist with payroll, budget preparation, and COIN through Compensation Board.
 Responsible for any and all other duties that may be assigned by the Sheriff.

Knowledge-Skills-Abilities
Thorough knowledge of computer software and hardware. Ability to
troubleshoot/diagnose computer problems. Skills and abilities to compose accurate
reports. Ability to converse with other support companies and agencies. Knowledge of
the tasks of the jail and classifications clerk duties. Thorough knowledge of the IBR and
LIDS management systems. Secretarial skills and abilities. Accounting skills. Abilities
to establish and maintain effective working relationships with other employees. The
ability to be available for emergency duty. The knowledge, skills and ability to maintain
accurate, legible and complete reports and records. Good organizational skills. The
ability to perform multiple tasks effectively. Good knowledge of the general operation of
the Alleghany Regional Jail and Alleghany County Sheriff’s Office. General knowledge
of the civil process/criminal warrant computer system and the ability to operate the same.

Contacts:
Sheriff Field Deputies Other agency personnel
Chief Jail Administrator Office Secretaries and Clerks Compensation Board
Chief Deputy Jail Staff Virginia State Police
Investigators Other fellow workers E-911 Center Employees
Field Deputy Supervisors Support Company personnel General Public

Education and Experience:


High School Diploma or the equivalent of a GED
Secretary and Clerical Experience
Advanced Computer Knowledge
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 43 EFFECTIVE DATE: 11/05/09

SHERIFF’S OFFICE RECORDS CLERK JOB DESCRIPTION

Supervisor: Chief Deputy

Job Objective:
The Alleghany Sheriff’s Office Records Clerk shall work under the supervision of the Sheriff or
Chief Deputy for the purpose of clerical and administrative work, such as the maintaining civil
process papers and criminal papers that may be received or handled by this department. Is
responsible for the overall care, supervision and custody of all civil process and criminal documents
received by this office.

Typical Tasks:
▸ Secretary to the Chief Deputy, Investigators and Field Deputies as needed.
▸ Prepare and maintain civil process and criminal warrants records
▸ Responsible for checking the local courts twice each working day for civil and/or criminal
papers, to be served by this office.
▸ Responsible for receiving all civil and criminal papers that may be received by mail or fax, to
be served by this office.
▸ Responsible for the tracking of all civil papers that may be received by this office, the service
of said civil papers and returning the civil papers to the proper court or jurisdiction.
▸ Responsible for the tracking of all criminal papers that may be received by this office, the
service of said criminal papers and returning the criminal papers to the proper court or
jurisdiction.
▸ Responsible for the entry and removal of all civil and criminal papers into the sheriff’s office
computer system. This shall be coordinated with the serving or arresting officer, jail staff
and dispatcher on duty.
▸ Responsible for working with the dispatcher on duty to ensure that all criminal warrants and
capias’ are property entered and removed from the NCIC/VCIN System as required by law.
▸ Shall be familiar with the tasks of the Classification Clerk and assist when necessary.
▸ Shall be familiar with the tasks of the Computer/IBR Tech. and assist when necessary.
▸ Shall compose, type and distribute correspondence when requested by the Chief Deputy,
Investigators or Field Supervisors.
▸ Shall create reports, charts, booklets, brochures, etc., as requested by the Chief Deputy,
Investigators, or Field Supervisors.
▸ Accept and receipt any service fees for process and prepare reports of same as required to the
county treasurer or auditors.
▸ Make deposits of fees and maintain accounts dealing with same.
▸ Shall be familiar with the tasks of the receptionist and assist when necessary.
▸ Shall be responsible for any and all other duties that may be assigned by the Chief Deputy or
Sheriff.

Knowledge, Skills, Abilities


Thorough knowledge of the operation of the Alleghany Sheriff’s Office and all reports, records and
other necessary correspondence. Thorough computer knowledge and skills and the ability to perform
these skills. The ability to maintain accurate, legible and complete records and reports. Good
organizational skills. Thorough knowledge of the civil process and criminal warrant computer
system and the skills and abilities to operate this system effectively. The ability to perform multiple
tasks effectively.

Contacts:
Sheriff Jail Supervisors and Staff Attorneys
Chief Deputy Dispatch Staff Personnel of other agencies
Investigators Other fellow workers General Public
Field Supervisors and DeputiesCourt Officials

Education and Experience


High School Diploma or the equivalent of a G.E.D.
Secretarial and Clerical Experience
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER # 44 EFFECTIVE DATE: 11/05/09

JAIL CLASSIFICATION CLERK JOB DESCRIPTION

Supervisor: Sheriff/Chief Jailor/Administrator

Job Objective:
The Jail Records Clerk shall work under the direct supervision of the Sheriff and Chief Jail
Administrator for the purpose of clerical and administrative work, such as preparing and
maintaining inmate records and other job related duties. Is responsible for the overall care,
custody and supervision of inmate records kept at the Alleghany Regional Jail. Shall collect
information from a variety of sources and prepare and maintain detailed technical and statistical
records and reports for the Alleghany Regional Jail. Shall assist with payroll, COIN, and
procurement of supplies and equipment.

Typical Tasks:
▸ Secretary to the Jail Administrator
▸ Prepare and maintain inmate records
▸ Assist in the set up and supervision of the jail filing system
▸ Shall be in charge of all inmate accounts, the inmate commissary and inmate library
▸ Shall screen all jail records for accuracy, legibility and completeness
▸ Shall communicate with the Department of Corrections regarding court orders and
sentence computation where appropriate and assist in arranging transfer of inmates to the
Department of Corrections or other institutions.
▸ Shall establish and maintain a good working relationship with local lawyers, probation
officers and other court officials.
▸ Post a wide variety of information on records
▸ Shall be familiar with the tasks of the Records Clerk and assist when necessary
▸ Shall be familiar with the tasks of the Computer/IBR Tech. and assist when necessary
▸ Shall be familiar with the tasks of the Jail Control Officer and assist when necessary
▸ Shall compose, type and distribute correspondence when requested by the Chief Jail
Administrator or Sheriff.
▸ Shall create reports, charts, booklets, brochures, etc. as requested by the Chief Jail
Administrator or Sheriff.
▸ Shall be familiar with the administrative assistant/receptionist duties and assist when
necessary.
▸ Assist with purchase requisition, payroll, workman’s compensation claims and other
insurance matters.
▸ Assist with COIN through the Compensation Board and with budget matters between this
office, the county and the state.
▸ Perform budget transfers, PAF submissions and other county correspondence as directed
by the Sheriff.
▸ Shall make deposits as directed regarding the jail inmate accounts or Sheriff’s Office
accounts.
▸ Shall be responsible for any and all other duties that may be assigned by the Chief Jailor,
Administrator or Sheriff.

Knowledge, Skills, Abilities


Thorough knowledge of the operation of the Alleghany Regional Jail and all reports, records and
other necessary correspondence. Thorough computer knowledge and skills and the ability to
perform these skills. General knowledge of the overall operation of the Alleghany County
Sheriff’s Office. The ability to maintain accurate, legible and complete records and reports.
Good organizational skills. The ability to perform multiple tasks effectively.

Contacts:
Sheriff Inmates
Chief Jail Administrator Court Officials
Jail Staff Personnel of other agencies
Other fellow workers General Public

Education and Experience


High School Diploma or the equivalent of a G.E.D.
Secretarial and Clerical Experience
Computer Knowledge
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 45 EFFECTIVE DATE: 11/05/09

JOB DESCRIPTION – CONTROL ROOM OPERATOR

Control Room: (Civilian Employee)

General Duties

 Monitors video screens for inmate movement or unusual activities.


 Operates sally port doors from control room in a safe and secure manner, assuring
proper identification of person requesting admittance or departure.
 Maintains all required logs.
 Operates all electronic doors from control room in a safe and secure manner using
video monitors, intercoms, telephones and radio unit.
 Notifies supervisor in the event of an emergency or unusual incident.
 Activates (on orders from the Shift Supervisor) emergency plans such as for riot,
fire, hostage, etc.
 Records inmate cell locations, which shall include total number of males, females
and inmates, that is out (i.e. work release, community service). The booking
officer will also record a total number of inmates in the facility.
 Notifies kitchen staff of accurate inmate count for meals to be served.
 Observes and controls entrance/exit of traffic. Identifies employees and visitors,
logs the entrance of all visitors into the security area of the facility.
 Assures volunteers are only admitted after proper approval and with proper
identification.
 Monitors Key Control System:
o Inventory keys as needed
 Controls location of all institutional keys.
 Maintains strict control of restricted keys.
 Logs distribution and receipt of keys.
 Non-employees will not be issued secured keys at any time.
 Operates electronically controlled doors.
 Assures that the control room remains locked and no unauthorized personnel are
permitted to enter.
 Routes inquires from courts, general public, attorneys, etc. to the proper
department or person.
 Visually monitors inmate movement and activity with the booking area.
 Remain knowledgeable in jail emergency plans.
 Due to this position of that of a civilian, this employee is not to have any contact
with the jail’s inmates nor be in the security part of the jail for any work related
activity.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 46 EFFECTIVE DATE: 05/01/04

LIMITS OF AUTHORITY

I. POLICY
The U.S. Constitution guarantees every citizen certain safeguards from
government intrusion into their lives. These safeguards have become the
cornerstone for the applications of criminal justice in America. Consequently,
these safeguards have place limitations of the authority of police to enforce
the laws of the nation, state, and the County of Alleghany. The department
expects its officers to act with due regard for citizens’ civil liberties.

II. PURPOSE
The purpose of this general order is to define the legally mandated authority
for the enforcement of laws, to establish procedures for assuring compliance
with constitutional requirements during criminal investigations, to set forth
guidelines concerning the use of discretion by officers, and to define the
authority, guidelines and circumstances when officers should exercise
alternatives to arrests and pretrial confinement.

III. PROCEDURES – GENERAL


A. Law enforcement authority to enforce laws:
1. Section 15.1-138 of the Code of Virginia gives officers authority
to enforce the criminal laws of the Commonwealth and
ordinances and regulations of the county in which they are
appointed.
2. Section 49-1 of the Code of Virginia requires that all officers,
upon entering their office, take an oath whereby they swear to
support the Constitution of the United States and the
Commonwealth of Virginia.
B. Limitations on law enforcement authority:
1. Statutory limitations
a) Enforcement of laws outside of the count limits. Section
19.2-249 of the Code of Virginia grants authority to enforce
State laws 300 yards beyond the boundaries of the county.
b) Section 15.1-142.1 of the Code of Virginia grants authority
to enforce laws on any county-owned property located
outside of its boundaries. Examples include: sewage
treatment plants and the town’s water source.
2. Judicial limitations:
Courts constantly interpret laws that place limitations on the
authority of law enforcement officers. The more common
include: Miranda rights/warnings, rulings on search and seizure,
eyewitness identification, lineups.
IV. MIRANDA RIGHTS
A. The Fifth Amendment right against self incrimination:

The voluminous case law covering Miranda (Miranda v. Arizona, 384


U.S. 436, 1966) warnings has established several guidelines for officers to
help decide when warning must be administered. Miranda applies only to
custodial interrogation. Interrogation is defined below. As to what
constitutes custody, if a reasonable person is the suspect’s position
believes that her or she is not free to leave, the Miranda applies. Note that
the officer’s view of what constitutes custody and that of the suspect may
differ. Officers must remember that the reasonable belief of the suspect is
what counts.

In determining whether a suspect is free to leave the police officer’s


presence, a court will look at the circumstances of the interrogation: if
police questioning is conducted in a police car or at a police station, the
environment may be construed as a coercive one, and the interview
custodial. Practically speaking, an arrest or physical restraint of a suspect
places him or her in custody, and Miranda warnings must be administered
before the officer asks questions about the offense. In short, then,
Miranda must be given when:

1. The suspect reasonably believes that he/she is in custody, and,


2. The suspect is interrogated.
B. Definitions
1. An interview, as opposed to an interrogation, may be construed
as any conversation with a suspect, witness, victim, or other
citizen.
2. An interrogation, according to the Supreme Court, includes the
following, per Rhode Island v. Innis, 466 U.S. 291 (1980): “…
express questioning or its functional equivalent…any words or
conduct on the part of police (other than those normally attendant
to arrest and custody) that the police should know are reasonably
likely to elicit an incriminating response from the suspect.”
3. Officers are reminded that an interrogation does not rely solely
or exclusively on words: conduct can be the “functional
equivalent” of asking questions.
C. Rights Admonition
1. In order to achieve uniformity in administering Miranda warnings,
police officers will be issued cards with the Miranda warnings and
waiver on them. Officers will advise suspects, verbatim:
a) “You have the right to remain silent.”
b) “Anything you say can and will be used against you in a
court of law.”
c) “You have the right to talk to a lawyer and have him
present with you while you are being questioned.”
d) “If you cannot afford to hire a lawyer, one will be
appointed to represent you before any questioning, if you
wish one.”
2. Officers shall cease questioning whenever the suspect invokes
the right to silence.
a) After the suspect has been charged, officers may not try to
elicit incriminating evidence unless the suspect waives the
right to counsel.
b) If the suspect has been charged and has requested counsel,
officers shall not try to obtain waiver unless suspect
initiates conversation with the officers.
3. Officers will take care of advising juveniles of their rights to
ensure that the rights are understood before securing a waiver.
Officers should honor a child’s request to speak to a parent or
guardian before waiving his or her rights. Whenever possible,
the child’s parents should be present while the child’s rights are
being explained and the waiver obtained.
D. Exemptions/Special cases
1. Miranda warnings do not apply to the following situations:
a) Brief, on-scene questioning.
b) Identification procedures such as fingerprints, conducting a
line-up, sobriety tests;
c) Volunteered, spontaneous statements (Once the officer has
heard the suspect express spontaneous incriminating
statements, the officer shall then advise the suspect of
Miranda rights and obtain a waiver before undertaking
additional questions.);
d) Brief, investigative detention;
e) Roadside questioning during routine traffic stops;
f) Routine booking questions attendant to arrest;
g) Questioning by private persons.
2. Public safety exception

When an officer urgently needs information from a suspect because


lives are in imminent danger, officers may delay giving Miranda
warnings until the officers have received information sufficient to
dispel the emergency. In New York v. Quarles, 104 S. Ct. 2626
(1984), police frisked a felony suspect who was thought to be armed.
Finding no weapon and worried about its location because of nearby
children and without administering Miranda, the officers asked where
the gun was and the suspect replied, giving the location. The presence
of the gun constituted a public safety hazard, justifying the question in
the absence of Miranda.
3. No firm guidelines exist governing when fresh warnings must be
given. In considering whether previously-administered Miranda rights
have become legally stale, investigators must consider:
a) The length of time between first warning and later
interrogation’
b) Whether warnings and later interrogation were given in the
same place;
c) Whether warnings and later interrogations were in the same
or different locations;
d) The extent to which the later statement differed from a
previous one;
e) The apparent intellectual and emotional state of the suspect.

V. SEARCH AND SEIZURE


A. Definition: Police action is termed a search where (1) there is a “prying
into hidden places by a law enforcement officer” in which (2) the person
whose premises or person is being searched has a reasonable expectation
of privacy.
B. The Fourth Amendment guarantees the right for people to be free from
unreasonable searches and seizures of their homes, persons, and things.
The Supreme Court is constantly interpreting the Forth Amendment as it
applies to police conduct. Illegally seized items of evidence will not be
admitted in court and may be cause for a lost criminal case. Additionally,
an illegally conducted search invites civil suits under the Civil Rights
Acts. In order to ensure that Fourth Amendment rights are protected,
officers will obtain search warrants upon probably cause in all appropriate
criminal cases except the following:
1. Consent searches
2. Emergency searches
3. Plain view
4. Abandoned property
5. Inventory searches of vehicles
6. Incident to arrest (see GO 50, 3-8)
7. Pat-downs of suspicious persons (see GO 48, 3-6)
C. Consent
1. A search warrant is not necessary where a person who has authority or
control over the thing or place searched consents to the search.
a) Generally, such authority extends to a person who shares
use, access, or control of property.
b) If two people have joint ownership of property, either may
give consent.
c) A landlord, including a hotel or motel manager, cannot
consent to a search of a tenant’s premises, unless the tenant
has been evicted or has abandoned the property.
d) A husband or wife, or one member of a cohabiting
unmarried couple, may consent to a search of area in
common ownership or use.
e) A parent may consent to a search of premises occupied by a
dependant child.
f) An employee cannot give valid consent to a search of his
employer’s premises unless she has been left in custody of
the premises.
g) An employer may generally consent to a search of premises
used by employees, except premises used solely by an
employee (e.g., a locker).
2. Consent must be voluntarily given. If an officer requests consent from
a citizen under circumstances which a reasonable person would
consider coercive, then officers must seek a warrant. The officer may
have the burden of demonstrating voluntaries (Schneckloth v.
Bustamonte, 412 U.S. 218, 1973).
3. A person who initially gives consent may withdraw it at any time.
Officers shall then secure the premises and seek a warrant.
D. Emergency searches
1. A search warrant is not necessary in an emergency. An emergency is
sometimes termed “exigent cirucumstances.”
2. The Virginia Supreme Court, in Verez v. Commonwealth, 337 S.E. d2
749, 1985, gave ten factors to be considered in evaluating whether an
emergency exists.
a) The degree of urgency involved and the time required to
get a warrant.
b) Officer’s reasonable belief that contraband is about to be
removed or destroyed.
c) The possibility of danger to others including officer’s left
to guard the site.
d) Information that the possessors of contraband are aware
that the police are on their trail.
e) Whether the offense is serious, or involves violence.
f) Whether the officers believe the suspects are armed
g) Whether the officers have probable cause.
h) Whether the officers have strong reason to believe the
suspects are present on the premises.
i) The likelihood that the suspects will escape.
j) The suspects entry onto premises after hot pursuit.
E. Plain View
1. A plain view seizure is, technically, not a search. To make a plain
view seizure of property (contraband, fruits or instrumentalities of the
crime), the officer must inadvertently observe the property in a place
where he has a legal right to be.
2. It must be immediately apparent to the officer that the items he or she
observes may be evidence or a crime, contraband or otherwise subject
to seizure.
a) The officer may not move items, look inside or underneath
or behind them for serial number or other identifying
marks. If such movement is necessary, officers shall obtain
a warrant.
F. Abandoned property
1. A search warrant is not required for property that has been abandoned.
2. To constitute abandoned property, two conditions must apply:
a) Property was voluntarily abandoned.
b) Property was discarded outside the area in which someone
has a reasonable expectation of privacy.
G. Inventory searches of vehicles

A lawfully impounded vehicle, or a vehicle removed from the street and


placed in police custody may have its contents inventoried for purposes of
police management. Any evidence or contraband found during the
inventory may be used to formulate probable cause for a subsequent
search or arrest. The inventory must be a routine police procedure.

VI. PROBABLE CAUSE AND REASONABLE SUSPICION


A. Probable Cause

Most searches and all arrests are abased on the officer’s perception of
probable cause. According to the Supreme Court, “Probable cause exists
where the facts and circumstances within their (the arresting officer’s_
knowledge and of which they had reasonable trustworthy information are
sufficient in themselves to warrant a man or reasonable caution in the
belief that an offense has been or is being committed.”

1. An officer must have probable cause to undertake a search or


make an arrest.
2. When an officer has probable cause, he or she may undertake a
complete body search, record the suspect’s fingerprints, take the
suspect’s photograph, and jail him. The aim or probable cause is
to make a formal charge.
B. Reasonable Suspicion

Reasonable suspicion involves a standard less than probable cause,


generally defined by the courts as circumstances or collection of
circumstances that would lead a trained, experienced officer to believe that
criminal activity may be afoot.

1. An officer must have reasonable suspicion to temporarily detain


a citizen.
2. When an officer has reasonable suspicion, he or she may
undertake a pat-down of a suspect’s outer clothing for weapons
and record the circumstances of the encounter. The aim of
reasonable suspicion is to resolve an ambiguous situation.
C. Elements
1. Probable cause may be established through investigations and
observation, witnesses, confidential informants, or through anonymous
sources provided that the information is backed by investigation.
2. Unnamed informants may be used in an affidavit for a search warrant
if information is included about why the informant is credible
(reliability) and he has information or specific use in the investigation
(knowledge). See GO 70, 3-28 for further information on informants.

VII. EYEWITNESSES
A. Eyewitness identifications generally do not provide reliable evidence
during criminal investigations. Consequently, the Supreme Court has
addressed this issued in numerous cases and set forth guidelines to be
followed when eyewitnesses identifications are solicited by officers.
Eyewitnesses identifications may taken following form:
1. On-scene investigation

One-on-one identifications have been held constitutional so long


as the period of time between the offense and the identification is
brief. One to three hours would be a reasonable amount of time.

2. Line-ups

Line-ups should be conducted using a minimum of six persons


having similar physical characteristics as the suspect. The
accused has the right to have an attorney present during the line-
up and the line-up may not take place until the attorney is
present. The attorney may not offer any suggestions concerning
the conduct of the line-up, but may merely observe. All line-ups
must be documented by the police as to date, time, place, name
or participants and witnesses and location of suspect/participants.

3. Photo line-ups

In conducting photo line-ups, the photos must depict persons


displaying similar physical characteristics as the suspect. Simply
showing an eyewitness a single photo of the suspect has been
ruled unconstitutional. As a general rule, a photo line-up
containing 6 – 8 photos would be reasonable. Photographs
shown to witnesses will not contain any identifying information.
Photo line-ups will be documented as under (2) above.
B. Hearsay
1. Officers must understand the rules by which hearsay can be considered
evidence and therefore of use in an investigation.
a) According to the Virginia Supreme Court, hearsay is
“evidence not processing from the personal knowledge or
the witness, but from the mere repetition of what he has
heard others say.”
2. Hearsay is generally inadmissible in court.
3. Some hearsay is useful as evidence. Exceptions to the Hearsay Rule,
and therefore admissible, include:
a) A dying declaration, or a statement, oral or written, made
by a mortally wounded person who knows that he is about
to die and has abandoned hope of recovery.
b) Spontaneous declarations, or exclamations or a participant
or bystander concerning an incident, made without time for
reflection.
c) Public records, or reports prepared by public officials under
a duty imposed by law or regulation.
d) Spontaneous admission, or admission following admonition
of Miranda warnings.

VIII. VEHICLES
A. Preferably, officers shall search vehicles under authority of a warrant
whenever there is sufficient time to obtain one.
1. If a vehicle has broken down, or is parked on private property
and there is little likelihood that the vehicle will be driven away
or that evidence within it will be destroyed, officers shall obtain
a warrant to search it.
B. Custodial arrests
Officers may search a vehicle without first obtaining a warrant if:
1. No opportunity exists for securing the warrant, and,
2. The search is made pursuant to a full custodial arrest of a person
who is inside of, or beside a vehicle at the time of arrest, and,
3. The search is based upon probable cause (see GO 50, 3-8 for a
fuller discussion of searches incident to arrests).
a) A “full custodial arrest” means an arrest where the suspect
is taken into custody for the purpose of transporting him to
a police facility or jail.
b) LIMITATIONS: Officers searching vehicles under the
above circumstances must limit their search as follows:
a. To the entirety of the person arrested.
b. To the passenger compartment of the auto and the
area in the immediate control of the person being
arrested from which he could reach for a weapon or
for evidence of a crime. The search may include
open or closed containers in the passenger
compartment.
i. The search may not extend to the trunk
unless probable cause has been established
during the search incident to an arrest that
contraband, weapons, fruits or
instrumentalities of the crime are located
there.
c. The search incident to custodial arrests legally can
be undertaken to protect the officer, prevent the
suspect from escape, and to prevent destruction of
evidence.
4. Probable cause only – Apart from custodial arrests, officers may
search a vehicle without warrant if:
a) Probable cause exists that the vehicle contains evidence of
an illegal act, and,
b) The vehicle is moving or capable of being moved quickly
so that if the officer does not search immediately, evidence
could be destroyed or lost.
c) When officers have probable cause to believe that
contraband is concealed somewhere within a vehicle, they
may conduct a warrantless search of the entire vehicle,
including all containers and packages that may conceal the
object of the search. If, however, probale cause is directed
at a specific container within the vehicle, an officer may
seize the container and must obtain a warrant before
searching it.

IX. LIMITATIONS ON AUTHORITY


A. Limitations on law enforcement authority by local courts.
Occasionally, the local courts may limit law enforcement authority to
enforce State statutes and local ordinances. These limitations include, but
are not limited to:
1. The enforcement of certain parking ordinances.
2. The handling of juvenile offenders.
3. The issuance of all summonses as opposed to
arrest/incarceration.
4. Restrictions relating to the animal control ordinance.
B. Limitations on law enforcement authority by Commonwealth’s Attorney.
Occasionally, the Commonwealth’s Attorney may issue opinions to the
department, which may impose limitations on officers. These areas
include, but are not limited to:
1. Prosecution of certain cases.
2. Extradition.
3. Enforcement of certain statutes pending opinions from the
Attorney General’s Office.
C. Limitations of law enforcement authority by the Sheriff.
Limitations on law enforcement authority by the Sheriff include, but are
not limited to:
1. City/town tag violations.
2. Parking violations.
3. All department policy/rules and regulations concerning the use of
force. (See GO 110, 6-1).
D. Changes in law interpretational limitations.
Periodically, changes take place which may impose new limitations on
law enforcement authority or remove or alter existing limitations.
Normally, annual update on such changes are provided to all personnel by
the Commonwealth’s Attorney. In case immediate changes in
departmental operations are required, the Commonwealth’s Attorney’s
Office may provide information orally and confirm it in writing.

X. CONSTITUTIONAL REQUIREMENTS: GENERAL


A. Compliance with constitutional requirements during criminal
investigations.
1. All officers when conducting criminal investigations will take all
precautions necessary to ensure that all persons involved are
afforded their constitutional safeguards. Officers will ensure
that:
a) All statements or confessions are voluntary and non-
coercive.
b) All persons are advised of their rights in accordance with
this general order.
c) All arrested persons are taken promptly before a magistrate
for formal charging.
d) All persons accused or suspected of a criminal violations
for which they are being interrogated are afforded an
opportunity to consult with an attorney.
e) Prejudicial pre-trial publicity of the accused is avoided so
as not to interfere with a defendant’s right to a fair and
impartial trial (See GO 13, 1-13 Media Relations).
B. The use of discretion by officers.
1. Officers, by the nature of their job, are required to exercise
discretion in the performance of their duties. The department
provides officers with written policy and procedures,
departmental orders, directed patrol assignments, and training in
order to aid them in making decisions which govern discretion in
performing their duties.
2. With the exception of departmental rules and regulations,
departmental policy generally gives officers guidelines to
consider in exercising their discretion. It is up to the individual
officer to consider the relevant facts, the situation, and then,
using knowledge, training and good judgment, make appropriate
decisions. Supervisors must closely observe the use of discretion
by other officers and point out factual errors or alternatives that
may be more appropriate.
C. Alternatives to arrest/pre-arraignment confinement
1. Under certain circumstances, officers are faced with situations
where an arrest and pre-arraignment confinement will not be
possible. In this case, officers may elect to exercise certain
alternatives such as the issuance of summonses, referral to a
social service agency, or simply a warning. Examples may
include:
a) Mentally or emotionally disturbed persons.
b) Domestic situations where counseling may be appropriate.
c) Juvenile Offenders (See GO 78, 3-36, Juvenile Procedures).
d) Transient persons who need shelter or food.
e) Certain misdemeanor cases.
2. Authority to issue summonses in lieu of arrest/confinement

a) Section 19.2-74 of the Code of Virginia authorizes law


enforcement officers to issue a summons in lieu of arrest
for persons charged with misdemeanor criminal offense
except DUI and drunk in public. Additionally, Section
19.2-74 authorizes the use of summonses when enforcing
County ordinances.
b) The use of summonses by officers
In determining whether a summons should be used, the
officer should:
i. Decide whether the offense committed is
serious
ii. Make a judgment as to whether the accused
poses a danger to the public or himself.
iii. Decide, based on circumstances, whether the
person may disregard a summons.
3. Informal handling of criminal matters.
Officers often deal with situations where the public interest
would be better served by social service agencies or crisis and
professional organizations. When in judgment of the officer a
better solution to the problem will be achieved by use of
alternatives to enforcement, he should refer the citizen to a social
service agency.
4. Use of warnings as an alternative to arrest
The use of warnings may sometimes provide a satisfactory
solution to a problem and may enhance the public perception of
the department. Normally, the use of a warning occurs in traffic
offenses. In determining if a warning should be issued, the
officer should consider:
a) The seriousness of the offense.
b) The likelihood that the violator will heed the warning.
c) The reputation of the violator, i.e., known repeat offender,
has received previous warnings, etc.
5. Limitations on intelligence activity:
a) Departmental intelligence gathering activities will be
limited to that information concerning criminal conduct
that presents a threat to the community.
b) Departmental personnel and equipment will only be sued in
conjunction with intelligence gathering activities, as
defined above, in full compliance with all laws, and only
with the advance approval of the Sheriff.
c) Intelligence information will be collected, used an
processed in full compliance with all laws.
d) Informants, (See GO 70, 3-28)
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 47 EFFECTIVE DATE: 05/01/04

JURISDICTION/MUTAL AID

I. POLICY
On occasion, the need arises to request assistance from or give assistance to a
neighboring law enforcement agency. This need usually results from an
emergency such as a civil disorder, fire, flood, or other disaster. Before the
need arises, agencies must clarify and plan emergency procedures. Available
State support systems should be appropriately used in support of our law
enforcement operations.

II. PROCEDURE
To establish procedures, duties and responsibilities for providing assistance to,
or requesting assistance from, another law enforcement agency and to provide
for use of statewide law enforcement support systems.

III. PROCEDURE
A. Jurisdiction
1. Generally, the legal jurisdiction of the Sheriff’s Office stops at the
County line as defined by the Virginia Code. However, Virginia State
Code Section 19.2-249 in criminal cases involving offenses against the
Commonwealth, extends jurisdiction 300 yards beyond the established
limits of the County. This authority may be used for such
circumstances as:
a. Assisting neighboring law enforcement agencies or the
Virginia State Police in handling emergency calls at times
when they are unable to respond immediately.
b. When a felony or serious misdemeanor crime in progress is
observed by an officer occurring within the 300 yard zone.
2. Whenever a person in the custody of an officer shall escape or
whenever a person shall flee from an officer attempting to arrest him,
such officer, with or without a warrant, may pursue such person
anywhere in the State and, when actually in close pursuit, may arrest
him wherever he is found (State Code Section 19.2-77.) No officer of
the department will leave the County in a pursuit or chase without
informing the dispatcher. Mutual aid will be requested from other law
enforcement agencies as appropriate. On-duty supervisors shall
closely monitor all pursuits and will terminate them when necessary.
B. Mutual Aid
1. Mutual aid is provided for in the law by Virginia Ode Sections 15.2-
131 and 15.1-131.5. For the purpose of this general order, mutual aid
is defined as the short-term assistance given or asked for between the
department and neighboring law enforcement agencies during
emergency situations such as civil disorders, fires, flood, or other
public disasters. Typical law enforcement services required or
provided by include mass processing of arrestees, transporting
prisoners, and operating temporary detention facilities.
2. Mutual aid may be requested from or provided to another law
enforcement agency by the department at the discretion of the on-duty
supervisor; officers must remember; however, that they are responsible
for providing law enforcement service to our jurisdiction. Normally,
outside agency personnel will be used to assist in a show of force,
traffic control, mass processing of prisoners, prisoner transport and
operating temporary detention facilities. There are generally three
levels of mutual aid assistance as follows:
a. Short duration, approximately 30 minutes or less, where an
additional show of force or traffic control or assistance with
prisoner transport is required.
b. Medium duration, one to four hours, where the senior officer on
duty may request assistance from the neighboring law
enforcement agencies and the State Police; however, their role
should normally be in a showing of force, transporting prisoners
or traffic control.
c. Long duration, more than four hours, full scale assistance
required. The on-duty supervisor should immediately notify the
Sheriff who will assist in coordinating additional aid as required.
3. Any long-term support between the Sheriff’s Office and neighboring
agencies shall be coordinated in advance by department heads.
Coordination will be accomplished by written agreement incorporating
the following:
a. Indemnification of the provider agency and its personnel, i.e.,
life, health, and liability insurance. Both agencies must
understand that one agency’s liability insurance will not release
an officer’s department from liability if the officer’s action is
negligent. Both agencies may be liable.
b. List of resources to be shared.
c. Estimate of amount of aid available.
d. Payment for certain expenses, e.g., meals, lodging, gas, overtime
pay.
4. Occasionally it is necessary to request assistance from a federal law
enforcement agency, such as the FBI, when a bank robbery or a major
crime has been committed (e.g., murder, and kidnapping) and it is
believed that the perpetrator of the crime has left the State. The
Sheriff will decide whether or not the notify the FBI.
5. If the department with the help of neighboring agencies and the State
Police is unable to cope with an emergency such as a riot or civil
disturbance, it may call upon the National Guard for assistance. In this
event, the procedures as written in the memorandum: “Subject:
Revised Procedures to be Followed in the Event State Assistance is
Required in Connection With Civil Disturbances,” Officer of the
Governor, dated June 7, 1982, will be followed.
C. Statewide law enforcement support.
1. The department is a member of and participates in the use of the
Statewide Interdepartmental Radio System (SIRS) and complies with
the procedures for its use. A copy of these procedures can be found
posted in the department office.
2. The department participates in the use of the Central Criminal Records
Exchange (CCRE) and complies with procedures for the use of this
exchange. In addition, the department participates in the Uniform
Crime Reporting System of the Commonwealth of Virginia and the
Federal Bureau of Investigation.
3. Certain state-owned law enforcement resources may be made available
to this department for special use. Such resources, and State agency to
contact, include:
a. Canine teams – Virginia State Police. Great caution will be used
in deploying teams in heavily populated or congested areas.
Handlers will be responsible for compliance with their own
agency policies, procedures and restrictions.
b. Helicopter or fixed wing aircraft – Virginia State Police.
Normally requested in advance by the Sheriff from the
superintendent. May be available on emergency basis through
the Virginia State Police.
c. Polygraph – Virginia State Police.
d. Riot truck and equipment – Virginia State Police.
e. Bomb disposal – Virginia State Police.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 48 EFFECTIVE DATE: 05/01/04

COMMUNITY RELEATIONS

I. PURPOSE
To establish a policy regarding Community Relations. All members of the
Alleghany County Sheriff’s Office are directed to familiarize themselves with
the functions and responsibilities of the various public and private community
service agencies in the county and to conduct themselves in accordance with
the polices and procedures enumerated in this order.

II. PURPOSE
The Alleghany County Sheriff’s Office is committed to creating a positive
relationship with and responding to the needs of the community. It shall be
the policy of the Alleghany County Sheriff’s Office to establish this
relationship through frequent and positive public contacts by all employees,
and to respond to community needs through proactive crime prevention
programs.

III. PROCEDURES
A. Responsibilities
The community relations function shall be the responsibilities of the Chief
Deputy and his/her personnel. The Chief Deputy shall keep a direct line
of communication open between the community and the Sheriff’s Office.
1. Other employees of the department shall assist in crime
prevention/community relations program on an as-needed basis.
2. It will be the responsibility of every employee of the department to
promote good relations with the community, regardless of race, creed,
color, national origin, age, handicap, socio-economic status, or
religion.
3. Every officer is expected to:
b. Provide basis information and suggestions on crime prevention
(not make recommendations on specific commercial
products/services) to members of the residential and business
community in efforts to reduce the possibility of citizens becoming
victims of crime;
c. Be familiar with programs and services offered by the department
thorough the Crime Prevention Unit. This shall be accomplished
through periodic briefing sessions conducted by a crime prevention
officer.
4. The Sheriff will:
a. Address law enforcement related concerns as they are made
known;
b. Take corrective action when tensions or concerns are traceable to
the actions, practices or attitudes of employees of this department.
B. Liaison with Community
The Chief Deputy will be responsible for establishing and maintaining a
liaison with the neighborhood watches, schools, and other interested
community groups.
1. Appropriate members of the department will attend neighborhood
watch meetings whenever possible. All Officers will be notified of
crime prevention and/or civic meetings and encouraged to attend. This
will promote a positive relationship with the citizens of that area. This
activity should be documented with an event number.
2. Employees of the department will note citizen concerns during routine
contacts, and will:
a. Take necessary action to address these concerns;
b. Forward information to the appropriate supervisor;
c. Forward information to the appropriate County agency;
d. Forward to the Chief Deputy
3. Departmental policies and training needs will be developed through a
variety of resources, to include analysis of information gathered from:
a. Citizen contacts (civil committees or groups, community leaders,
etc.);
b. Professional organizations;
c. Internal investigations.
4. The Chief Deputy will be responsible for providing input into the
development and/or revision of zoning policies, building codes, and
residential/commercial constructions as requested.
C. Evaluation of Programs
1. It shall be the responsibility of the Chief Deputy and Crime Prevention
Officer to evaluate on a continual basis all crime prevention and
community relations programs.
2. Evaluation of crime prevention and community relations programs will
be conducted by analyzing;
a. Crime data;
b. Unsolicited community response to programs, training, and
demonstrations provided.
D. Community Information
1. The Chief Deputy and Crime Prevention Officer will be responsible
for maintaining a supply of printed crime prevention and community
relations material.
a. Such material shall be made available to the community.
b. Such material shall be distributed by officers and b other various
means.
2. The Chief Deputy shall utilize the available media to disseminate
information to the community regarding objectives, challenges and
successes.
E. Community Input
Input from the community will help ensure that department policies
accurately reflect the needs of the community. Input may be received by:
1. Community satisfaction surveys;
2. Employee satisfaction surveys;
3. Meetings with citizen organizations.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 49 EFFECTIVE DATE: 05/01/04

SEARCH WARRANTS

I. POLICY
The Fourth Amendment to the U.S. Constitution guarantees every citizen the right
to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures. Supreme Court decisions regarding search and seizure
place the responsibility on the officer to ensure that citizens’ Fourth Amendment
rights are protected. Officers shall scrupulously observe constitutional guidelines
when conducting searches and always remain mindful of their lawful purpose.

II. PURPOSE
The purpose of this general order is to establish guidelines and procedures which
officers must follow when conducting searches and seizures.

III. PROCEDURES – GENERAL


A. Legal authorities
1. Section 19.2-52 of the Code of Virginia states that a judge or magistrate
may issue a search warrant if:
a. There is a reasonable and probable cause to do so.
b. There is a complaint on oath supported by an affidavit.
2. Section 19.2-53 of the Code of Virginia states that search warrants may be
issued for the search of or for specified places, things or persons, and
seizure there from of the following things as specified in the warrant:
a. Weapons or other objects used in the commission of a crime.
b. Articles or things the sale of possession of which is unlawful.
c. Stolen property or the fruits of any crime.
d. Any object, thing or person including documents, books, records,
paper or body fluids constituting evidence of a crime.
3. Supreme Court decisions
The Supreme Court hands down decisions which must be used as
guidelines in conducting searches. The court is going to consider:
a. Was the search reasonable?
b. Was there probable cause to issue the search warrant?
c. Was the scope of the search appropriate?

IV. PROCEDURES – OBTAINING A SEARCH WARRANT


A. How to obtain a search warrant.
1. How to obtain a search warrant:
a. A search warrant may be obtained from any of the following three
sources, according to Section 19.2-52:
1) Any judge;
2) Any magistrate; or,
3) Any other person having the authority to issue criminal warrants.
B. Affidavits: Section 19.2-54 of the Code of Virginia requires that before the
issuance of a search warrant, an affidavit must be filled and sworn to before a
judge or magistrate. State Form DC-338 1/81 will be used for this purpose.

NOTE: THE SEARCH WARRANT MUST BE OBTAINED IN THE


JURISDICTION WHERE THE PLACE OR PERSON TO BE SEARCHED
IS LOCATED.

1. The affidavit must include the following elements:


a. A description of place, thing, or person to be searched;
b. A description of the things or persons to be search for;
c. A substantial allegation of the offense in relation to which the search is
to be made;
d. An allegation that the object, thing or person to be searched constitutes
evidence of the commission of the offense; and,
e. Material facts which would show that there is probable cause for the
issuing of the search warrant.
2. Discussion: Description of place
a. In describing the premises to be searched, an officer should described
the appearance of building, give its address, state that the search is to
include the curtilage and outbuildings thereon, and give the city, town
or county in which it is located. For example: “A two story, red brick
building with a green roof and green shutters, located at 410 Elm
Street, Richmond, Virginia, the property of John Doe. The search to
include the dwelling, the curtilage, and any outbuildings thereon.”
1) Curtilage is defined as the piece of ground within a fenced yard.
b. The affidavit must describe the place, thing or person to be searched
with enough detail that when the description is transferred to the
search warrant, the officer executing the search warrant can find and
identify what it is to be searched without an unreasonable amount of
effort.
3. Discussion: Description of a person
a. A person who is to be searched must be described in the affidavit so
that he may be identified with reasonable certainty. His name must be
given if it is known. If his name is not know, he may be called “John
Doe,” but the officer must describe what the person looks like and the
place where he can be found. For example: “John Doe, a white male
with black wavy hair and a stocky build observed using the telephone
in Apartment 4-C, 1806 Patricia Lane, Richmond, Virginia.”
4. Discussion: Description of thing
a. The only guidance the department can offer on the description of
things is to use specific language that leaves no doubt in the mind of
the officer executing the warrant what thing shall be searched or
seized. For example: “A 1968 Oldsmobile coupe, Maryland Lic. No.
G E 2893…” This is listed to Jackie Lee McNeill, 7935 Pennsylvania
Avenue, 101 Suitland, PG, Maryland.”
b. An officer is permitted to search for and seize four kinds of property
under Section 19.2-53. They are the following:
1) Weapons or other objects used in committing a crime. These are
known as “instrumentalities” of a crime.
2) Things that are illegal to sell or possess. These are known as
“contraband”.
3) Things that have been stolen. These are known as “fruits” of a
crime.
4) Anything that is evidence of the commission of a crime, for
example documents, bloody clothing, or body fluids.
5. Discussion: Description of the offense
a. The affidavit must describe the offense in relation to which the search
is to be made. The description may be in brief, general terms. It is not
necessary to use legalistic language or to refer to any specific section
of the Code.
6. The affidavit must be supported by probable cause. See GO 3-1 for a
definition. The officer must allege in the affidavit enough particular facts
to that the magistrate may decide if the search will likely result in
successful seizure. Two kinds of facts must be considered:
a. The facts from which the officer concluded that the person of thing is
probably located at the place to be searched; and,
b. The facts which address the reliability of the source of the officer’s
information.
c. The court can consider only those facts presented in the warrant and
affidavit.
d. Conclusions are not considered facts.
e. Facts must be recent.
1) Before a search warrant can be issued, the magistrate must be
satisfied that probable cause to search exists at the time the warrant
is issued. His conclusions that probable cause does exits must be
based upon facts reasonably related in time to the date of the
issuance of the warrant.
f. Example of sufficient facts justifying probable cause:
1) “On June 6, 1972, a reliable informer advised the affiant that
during the past 24 hours the informer had observed a quantity of
heroin and a large supply of hypodermic syringes in the premises
to be searched.” The affidavit was held to be sufficient since facts
were alleged to show how the informant concluded that heroin was
on the premises. Warren v. Commonwealth, 214 Va. 600, 601,
202 S.E. 2d 885, 886, (1974).
g. Example of insufficient facts:
1) “Information received from CIA Agent Herb Hicks (indicated) that
marijuana was kept in apartment.” The affidavit was held to be
insufficient. The officer stipulated where the information came
from, but he did not allege any facts showing how the informant
knew that the marijuana was in the defendant’s apartment.
Stallworth v. Commonwealth, 213 Va. 313, 191 S.E. 2nd 738
(1972).
7. Reliability of facts
a. Personal observations by an officer in considered reliable.
b. Eyewitnesses
Where search warrant affidavit discloses that the information related
came from the victim of a crime, or from an eyewitness to the fact
related, and the information appears reasonable, the magistrate may
infer that it is reliable because it was based on first-hand knowledge.
d. Informants
1) If there is no reason to hide the name of an informant, an officer
should give the informant’s name in the affidavit or let the
informant fill in an affidavit himself. There is no reason not to
disclose the informant’s name, for example, if he is willing to
testify in court.
2) Concerning unnamed informants, (see GO 70, 3-28). When
referring to unnamed informants, officers rely on a magistrate to
make a practical common sense decision whether, given all
circumstances set forth in the affidavit before him including the
“veracity” and “basis of knowledge” of persons supplying hearsay
information, there is a fair probability that contraband or evidence
of a crime will be found in a particular place, Illinois v. Gates, 462
U.S. 213 (1983). If an officer relies on information for proving
probable cause given by an unnamed informant, in his affidavit he
shall allege the following:
i. The facts from which the informant concluded that the thing to
be searched for is probably on the person or premises to be
searched (these are the same kind of factors that must be
alleged if they come from an officer’s observation or from a
named informant) and,
ii. Based on the totality of the circumstances, facts from which the
officer concluded that:
a. The informant is credible; or,
b. The information is furnished by the informant is reliable.
3) Informant reliability may be established by:
i. The informant has given reliable information in the past.
ii. The informant is a private citizen whom the officer knows of
who has a reputation of truthfulness.
iii. The informant states that himself has participated to some
extent in the illegal activity.
iv. The information that one informant gives is corroborated by an
officer’s surveillance.

V. PROCEDURES – EXECUTING A SEARCH WARRANT


A. When a search warrant must be executed
1. An officer is required by Section 19.2-56 to execute a search warrant
within 15 days of the date it was issued. If it has not been executed during
that time, the officer must return the warrant to the magistrate who issued
it. (State Form DC-339 1/81 shall be used for the warrant).
2. A copy of the affidavit must be attached to the warrant and served with it.
Section 19.2-56.
3. An officer may execute a search warrant either during the day or at night.
B. Gaining entrance to premises
1. Normal procedure
When an officer executes a search warrant, he must follow the proper
procedure when he enters the premises to be searched. If he fails to do so,
then the subsequent search will be invalid, even if the officer enters
without force, for example, by using a passkey or by opening a closed but
unlocked door.
The officer will take all possible measures that he can to ensure that the
dwelling to be searched is occupied at the time of the search. This may be
done by observing people coming or going, light on at night, vehicle at the
residence or other indicators observed by the officer.
2. In most cases, the officer must do all of the following before entering the
premises to be searched:
a. Announced his presence as an officer;
b. Announce that his purpose is to execute a search warrant;
c. Wait a reasonable time either to be admitted or refused admission to
the premises.
3. When entrance is refused
If the officer is refused entrance after a reasonable time, he may force his
way into the premises. A refusal may be expressed or implied. A refusal
can be implied in two circumstances:
a. No one has admitted the officer within a time in which it would be
reasonable to expect someone to let the officer in if he is going to be
admitted.
b. The officer waiting to be admitted sees or hears suspicious
circumstances, such as flushing toilets or footsteps running away from
the door, which indicates that someone might be concealing or
destroying evidence or trying to escape.
4. No knock entry
In some circumstances, an officer may enter the premises to be searched
without announcing his presence and purpose. An officer may make a no
knock entry if he possesses facts which make him reasonably believe that
an announcement would result in:
a. Bodily harm either to the officer or to someone within the premises to
be searched.
5. In executing any warrants, officers may use whatever force
is reasonably necessary under the circumstances to effect a lawful
purpose.
C. Conduct of search
1. Once evidence being searched for is located, the search must cease.
2. Officers may not use a search warrant to conduct a fishing expedition, i.e.,
if the search warrant is for a television or large item, small places such as
jewelry boxes may not be searched.
3. An officer may seize only the property listed in the warrant. There are
two exceptions to this rule. An officer may seize other property if:
a. It is other evidence reasonably related to the offense for which the
search warrant was issued.
b. It is property which the officer knows or has probable cause to believe
is evidence or another crime.
c. An officer; however, cannot seize evidence under these two exceptions
if:
1) His discovery of it is not inadvertent, that is, he knows before the
search begins that the evidence is probably on the property and he
intends to seize it; or,
2) His discovery of it is made after he has found all the property listed
on the warrant to be seized, unless it is in plain view.
D. Searches of persons found on the premises
1. The Supreme Court has ruled that a person’s presence on the premises to
be searched with a warrant does no, without more, give rise to probable
cause to search that person. If the officer has reasonable belief that the
person is armed and dangerous, then the officer may pat down or frisk the
person for weapons. Absent that belief, the officer must have probable
cause to support the search of a person on the premises without a warrant.
2. Detention of persons on the premises
But a warrant to search the premises for contraband does not carry with it
the authority to detain the occupants of the premises while a search is
being conducted. If the search of the premises gives risk to probable cause
to arrest the detainee, he may be arrested and his person searched incident
to arrest.
3. Furtive movements
An officer is permitted to search a person found on the premises if:
a. The person makes a “furtive movement” which the officer would
reasonably interpret to be an indication of being armed and dangerous.
b. The officer has probable cause to believe that items are concealed on
the person. But mere presence on premises does not constitute
probable cause.
A furtive movement is defined as an action performed by stealth.
Officer shall not document a person’s behavior as “furtive
movements” but shall specifically describe the person’s actions.
4. Personal possessions
A search of a person’s personal possessions is not considered a search of
the person if they are outside his physical possession. Such possessions,
then, would fall within the definition of things or places specifically to be
searched, as set forth in the warrant.
5. Frisks
An officer may frisk the exterior clothing of a person found of the
premises for weapons, if he believes that his safety is in danger; however,
it is unlawful to routinely frisk for weapons on all persons present.

VI. PROCEDURES – RETURN OF THE SEARCH WARRANT


A. After an officer has finished a search, he is required by Section 19.2-57 to
follow the following procedures:
1. He must note the date of execution on the search warrant; and,
2. Under oath, he must make an inventory of all the property he has seized;
and,
3. Within three days of the date of the search (excluding Saturdays, Sundays,
or legal holidays) he must file in the circuit court clerk’s office ( of the
jurisdiction wherein the search was made):
a. The search warrant; and
b. Either the inventory of articles seized (which must be notarized) or a
notation that nothing was seized during the search; and,
c. The affidavit (unless affidavit was made by voice or video-tape
recording).
B. Responsibility for property seized
1. All property seized must follow a rigorous chain-of-custody procedure.
Documentation must appear in all narrative reports pertaining to the chain
of custody of any items seized. The department evidence tag shall be used
to mark all seizures.
2. In court, the judge wishes to ascertain how the item was moved from
person to person from the time of seizure to the time of trial. The standard
the court applies is one of reasonable certainty that no alterations or
substitutions have occurred.
3. Officers shall place evidence in the locker reserved for that purpose at the
Sheriff’s Office.

VII. PROCEDURES – SEARCHES OF PERSONS


A. When a search warrant should be obtained.
An officer should get a warrant for the search of a person whenever there is
enough time to get one.
B. Scope of search
1. If a search warrant authorizes the search of a person only, an officer may
only search the following places:
a. The entirety of the person named in the warrant;
b. The area in immediate control of the person being searched from
which he could reach for a weapon or for evidence so as to:
1) Protect the officer;
2) Prevent escape, and,
3) Prevent the destruction of evidence
2. A warrant to search one person does not justify the search of a companion.
C. What can be seized
1. Under a warrant authorizing the search of a person, an officer may seize
the following things:
a. Anything in the permissible area which the warrant authorizes to be
seized;
b. Any other evidence in the permissible area reasonably related to the
offense listed in the warrant; and,
c. Anything else that is evidence of an illegal act if:
1) The evidence is in plain view of the place where the officer makes
the search of the person; an,
2) The officer’s discovery of the evidence is inadvertent, that is, the
officer does not know the location of the evidence and does not
intend to seize it before he goes to execute the search warrant.
D. Search incident to arrest
1. Need for full custody arrest: general rule
a. An officer may make a warrantless search of a person in connection
with his arrest if the arrest results in the person’s being taken into
custody. However, a search may not be made in connection with a
minor traffic offense for which the officer only issues a summons.
b. If an arrest is made without probable cause or with an invalid arrest
warrant, or if it is for any other reason unlawful, the search incident to
that arrest is also invalid. Leatherwood v. Commonwealth, 215 Va.
S.E. 2nd 845 (1974).
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 50 EFFECTIVE DATE: 06/01/17

FIELD INTERVIEWS

I. POLICY
The department expects and encourages officers to conduct field interviews.
A field interview is a lawful stop of a citizen for investigative purposes. The
department further expects officers to gather such information with proper
observance of constitutional safeguards. Strict constitutional guidelines exist
that protect both the civil rights of citizens and the rights of officers to obtain
information crucial to the reduction and prevention of crime. Further, field
interviews frequently contribute to the building of a reasonable suspicion or
even probable cause to arrest or conduct a search. The only restricted search
that normally accompanies field interviews, the frisk or pat down, may be
performed when the officer suspects the presence of a weapon.

II. PURPOSE
Policy and procedures for conducting field interviews

1. It is a public place
2. As a general rule, field interviews may be conducted anywhere the officer
has a right to be, including;
i. County-owned or controlled property normally open to
members of the public;
ii. Areas intended for public use or normally exposed to
public view;
iii. Places to which an officer has been admitted with the
consent of the person empowered to give such consent;
iv. Places where circumstances require an immediate law
enforcement presence to protect life, well-being or
property;
v. Areas where an officer may be admitted pursuant to a
lawful arrest or search warrant;
vi. Any other area in which an officer may affect a warrantless
arrest.
3. Field contacts shall not be done to coerce a person to leave an area or
place where he or she has a legitimate right to be and no violation of law
has occurred.
III. Stop and Frisk
1. As noted above, a person interviewed by the officer may discontinue the
interview at any time. Further restraints on the person’s response may be
justified under Virginia Code 19.2-8. During a routine field interview, a
person shall not be detained in any manner against their will, nor shall
they be required to answer questions or respond in any manner if they
choose not to do so. The fine line drawn between a field contact and a
stop and frisk must be strictly observed to avoid accusations of
harassment. Since the distinction between a “contact” and a “stop”
depends to a great extent on whether, under the circumstances, the citizen
perceives that he is free to leave, officers shall comply with the following
guidelines:
i. All requests during the contact should be phrased with
neutral or optional words, such as “may”, “would you
mind”, etc.
ii. Abrupt, short responses which could be misunderstood and
requests which could be misinterpreted as commands must
be avoided.
iii. The duration of a contact should be brief as possible.
2. The success or failure of obtaining information beneficial to crime
analysis and criminal investigation will depend upon an officer’s ability to
put citizens at ease and establish a rapport. However, during a field
contact, if the person should ask whether he must respond, or indicate that
he feels compelled to respond, the officer shall immediately inform him or
her of the right to refuse, as well as the right to leave. Where citizens
refuse or cease to cooperate during a contact, the refusal itself cannot be
used as the basis for escalating the encounter into a stop and frisk.
a. Officers must be able to articulate the circumstances that
warranted the stop of the citizen. The circumstances constitute the
officers’ reasonable suspicion. In court, should a field interview
result in an arrest, an officer must justify his intrusion by
describing “specific and articulate facts which, taken together
with rational inferences from those facts, reasonably warrant that
intrusion.” Some instances may be:
i. Firsthand observations;
ii. Hearsay, as from informants;
iii. “Collective knowledge,” or information shared by several
officers (example: an officer may make an arrest or
conduct a search at the request of another agency without
knowing all of the facts which prompted the request);
iv. Totality of facts and circumstances. The department
encourages officers to question persons whose behavior,
conduct, or mere presence at a particular place and time

v. Does not match the officer’s notion of what is appropriate


for the place and time.
vi. The duration of a contact should be brief as possible.
IV. STOP AND FRISK OR INVESTIGATIVE DETENTION

1. The legal authority to stop and frisk is defined in Virginia Code 19.2-83.
A temporary detention of a person to investigate suspected criminal
activity is controlled by the Fourth Amendment.
2. Investigative detention involves two distinct acts: (1) the stop (2) the
frisk.
3. Stop – The detention of a subject for a brief period of time. In order to
make the stop, the officer must have reasonable suspicion to believe that
criminal activity is afoot and that the person to be stopped is involved.
The courts have ruled that the following factors may be considered in
building a reasonable suspicion:
a. Officer has knowledge that a person has a felony record.
b. A person fits the description of a wanted notice.
c. A person has exhibited furtive conduct, such as fleeing from the
presence of an officer or attempting to conceal an object from the
officer’s view.
d. Clothing worn by a person is similar to description given in a
lookout for a known offense.
e. The officer observes a vehicle that is similar to that of a broadcast
description for a known offense.
f. A person exhibits unusual behavior, such as staggering or
appearing to be in need of medical attention.
g. The area and time of day, such as a person observed in a public
area which has a history of recurring crime during the same time
as that of the stop.
h. Hearsay information is acceptable. In order for the information to
be credible, the officer must have some means to gauge the
reliability of the informant’s knowledge.
4. Frisk – Should the officer reasonably believe that the person stopped
intends to do bodily harm or is carrying a concealed weapon, the officer
may conduct a limited search of the person’s outer clothing for weapons.
The courts have held that, in the case where the subject was wearing a
heavy overcoat, the officer was proper in having the subject remove the
coat so that he may be patted down.
5. Protective search
Under some conditions, the protective search, the search for weapons, may
be extended beyond the person detained. Such a search occurs most often
involving vehicles. A lawful protective search for weapons, which
extends to an area beyond the person in the absence of probable cause to
arrest, must have all of the following elements present:
a. A lawful investigative stop as defined herein or a lawful vehicle
stop (see GO 58, 3-16).
b. A reasonable belief that the suspect poses a danger.
c. The search must be limited to those areas in which a weapon may
be placed or hidden.
d. The search must be limited to an area which would ensure that
there are no weapons within the subject’s immediate grasp.
6. Period of detention
Investigative detention – as with non-criminal field interviews – must be
conducted as briefly as possible. Once the detaining officer determines
that his basis for reasonable suspicion no longer exists, the person detained
shall be immediately released. Should the suspicion be reinforced with
additional information of the officer develops probable cause, the period
of detention could be lengthened. The courts generally permit up to 20
minutes to constitute a reasonable period of time for the interview.
7. Recording the stop (See body worn camera policy)
a. Documentation will be completed through dispatch for each
person an officer stops for an interview.
A field interview may also be used as an observation.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 51 EFFECTIVE DATE: 05/01/04

ARRESTS

I. POLICY
Short of the application of force, an arrest is the most serious action an officer
can undertake. An arrest can cause repercussions throughout a person’s life,
even if he or she is eventually found not guilty or never brought to trial.
Officers shall accordingly exercise critical judgment in making arrests. Such
judgment includes consideration for bystanders, the time, place, and location
of offenses, and the use of force in making the arrests. Officers shall further
consider alternatives to arrest consistent with carrying out their law
enforcement mission.

II. PURPOSE
To define the authority of officers to arrest, and the mechanism for making
arrests with and without a warrant.

III. PROCEDURE – GENERAL


A. Definition of arrest: an arrest constitutes a seizure of the person for Fourth
Amendment purposes. Further, the Fourth Amendment requires probable
cause to arrest before any arrest. The test, in interviews or stops of
persons, for whether an arrest has occurred – or a seizure of the person – is
whether a reasonable person under the circumstances would have felt free
to leave.
1. Section 19.2-249 of the Code further provides that if an offense
occurs at the town/county boundary, or within 300 yards of the
boundary, officers in either jurisdiction may take enforcement
action.

IV. ARRESTS WITH A WARRANT


A. Who may issue:
An arrest warrant may be issued by a judge or clerk or any circuit court,
general district court or juvenile and domestic relations court (Section
19.2-71).
B. When it may be issued, what to recite:
Section 19.2-72 provides that the person having authority to issue an arrest
warrant shall first examine on oath any complaint or other witnesses and,
if probable cause exists, issue the warrant.
C. What the warrant contains:
A warrant commands the accused to appear before a magistrate at a stated
time and place. The warrant or summons will give the name of the
accused, or a description if his name is not know, describe the offense and
name the violation, and be signed by the magistrate. The warrant contains
the complaint, and the “complaint shall consist of sworn statements of a
person or persons of fact relating to the commission of an alleged
offense.” The warrant must not be too general or leave too much
discretion to the officer to decide which suspect to arrest.
D. Issuance of a summons instead of a warrant:
Code Section 19.2-73 provides for issuance of a summons instead of a
warrant “where there is reason to believe that the person charged will
appear in the courts having jurisdiction over the trial of the offense
charged.” Summonses impose the same requirements to appear at an
appointed place and time as with a warrant.
E. Notice of issuance of warrants or summonses:
Code Section 19.2-73.1 provides that, normally, the county shall notify
citizens of pending warrants on summonses, and direct their appearance in
court for execution of such units.
F. Issuance and service of summons in place of warrants in misdemeanor
cases. Code Section 19.2-74 provides:
1. Whenever a person is detained by or is in the custody of an
arresting officer for any violation committed in an officer’s
presence which violates any county, city, or town ordinance of
any provision of this code punishable as a Class 1 or Class 2
misdemeanor or any other misdemeanor for which he may
receive a jail sentence, except as otherwise provided in Title
46.2, or 18.2-266 of the Code of Virginia, or an arrest on a
warrant charging an offense for which a summons may be issued,
and when specifically authorized by the judicial officer issuing
the warrant, the arresting officer shall take the name and address
of such person and issue a summons or otherwise notify him in
writing to appear at a time and place to be specified in such
summons or notice. Upon the giving by such person of his
written promise to appear at such time and place, the officer shall
forthwith release him from custody.
2. Whenever any person is detained by or in the custody of an
arresting officer for a violation of any county, city or town
ordinance or of any provision of the code, punishable as a Class
3 or Class 4 misdemeanor or any other misdemeanor in which he
cannot receive a jail sentence, except as otherwise provided in
Title 46.2, or to the offense of public drunkenness as defined in
18.2-388 of the Code of Virginia, the arresting officer shall take
the name and address of such person and issue a summons or
otherwise notify him in writing to appear at a time and place to
be specified in such summons or notice. Upon the giving such
person of his written promise to appear at such time and place,
the officer shall forthwith release him from custody. However, if
any such person shall refuse to discontinue the unlawful act, the
officer may proceed according to the provisions of 19.2-82.
3. Any person so summoned shall be held in custody after the
issuance of such summons for the purpose of complying with the
requirements of Chapter 23 (19.2-387 et. Seq.) of this title.
Reports to the Central Criminal Records Exchange concerning
such persons shall be made after a disposition of guilt is entered
as provided for in 19.2-390.
4. Any person refusing to give such written promise to appear
under the provisions of this section shall be taken immediately
by the arresting or other police officer before a magistrate or
other issuing authority having jurisdiction, which shall proceed
according to provisions of 19.2-82.
5. Any person who willfully violates his written promise to appear
given in accordance with this section, shall be treated in
accordance with the provisions of 19.2-128, regardless of the
disposition of, and in addition to, the charge upon which he was
originally arrested.
6. Any person charged with committing any violation of 18.2-407
of the Code of Virginia may be arrested and immediately brought
before a magistrate who shall proceed as provided in 19.2-82.
G. Copy of Process to be Left with Accused
Code Section 19.2-75, except as provided in 46.2-78, any process issued
against a person charged with a criminal offense shall be in duplicate and
the officer service such process shall eave a copy with the person charged.
H. Execution of Arrest Warrants
Code Section 19.2-76 provides that a warrant shall be executed by the
arrest of the accused, and that an officer may execute within his
jurisdiction a warrant or summons issued anywhere in the state.
Code Section 19.2-76 discusses the obligations of officers as follows:
1. Any officer may execute within his jurisdiction a warrant or
summons issued anywhere in the State. A warrant shall be
executed by delivering a copy to the accused personally, or if the
accused be a corporation, in the same manner as in a civil case.
The officer executing a warrant shall endorse the date of execution
thereon and make return thereof to a judicial officer having
authority to grant bail. The officer executing a summons shall
endorse the date of execution thereon and make return thereof to
the court to which the summons is returnable.
2. Whenever a person is arrested upon a warrant in a county or city
contiguous to the county or city in which the charge is to be tried,
the officer making the arrest may deliver the accused to the
custody of an officer or a law enforcement agency having
jurisdiction in the county or city in which the charge is to be tried,
or he may bring the accused before a judicial officer to be dealt
with as is provided hereinafter.
3. Whenever a person is arrested upon a warrant in a county or city
other than that in which the charge is to be tried, or in a county or
city contiguous thereto, the officer making the arrest shall bring the
accused before a judicial officer authorized to grant bail in the
county or city in which the accused is arrested. Such official shall
either commit the accused to the custody of an officer for transfer
forthwith to the count or city where the charge is to be tried, or
admit the accused to bail or commit him to jail for transfer as soon
as possible; and such official shall endorse on the warrant the
action taken thereon. (Also see Virginia State Code 19.2-74,
unless otherwise stated by the issuing officer.)
I. Escape, Flight and Pursuit; Arrest Anywhere in the State
1. Code Section 19.2-77 – whenever a person in the custody of an
officer shall escape or whenever a person shall flee from an
officer attempting to arrest him, such officer, with or without a
warrant, may pursue such person anywhere in the state and when
actually in close pursuit, may arrest him wherever he is found. If
the arrest is made in a count or corporation adjoining that from
which the accused fled, the officer may forthwith return the
accused before the proper official of the county or corporation
from which he fled.
2. If the arrest is made beyond the foregoing limits, the officer shall
proceed according to the provisions of 19.2-76, and if such arrest
is made without a warrant, the officer shall procure a warrant
from the magistrate or the county or corporation wherein the
arrest was made, charging the accused with the offense
committed in the county of corporation from which he fled.
J. Exemption of Such Witnesses from Arrest of Service of Process
1. Code Section 19.2-280 – If a person comes into this state in
obedience to a summons directing him to attend and testify in
this state, he shall not while in this state pursuant to such
summons be subject to arrest or the service of process, civil or
criminal, in connection with matters which arose before his
entrance into this state under a summons.
2. If a person passes through this state while going to another state
in obedience to a summons to attend and testify in that state or
while returning there from, he shall not while so passing through
this state be subject to arrest or the service of process, civil or
criminal, in connection with matters which arose before his
entrance into this state under the summons.
K. Arrest of Suspect Inside Dwelling
If an officer wishes to arrest a suspect inside his residence, he must first
obtain an arrest warrant. If the residence belongs to the suspect, only an
arrest warrant is required. If the dwelling belongs to someone else, the
officer must obtain a search warrant as well.
1. A search warrant is not required if the officer is in hot pursuit or
the owner of a residence consents to the officer’s search for the
suspect.
L. Return of a Warrant
Upon executing the warrant, the arresting officer shall give the date of
execution on it, then return it to the court, less copies given to the arrested
person.

V. ARRESTS WITHOUT A WARRANT


A. Authority
As noted earlier, the search and seizure provision of the Fourth
Amendment protects citizens from the arbitrary and oppressive
interference by law enforcement officials with privacy. Further, officers
must have probable cause that a crime has been committed, and that the
person to be arrested has committed the crime. See GO 43, 3-1 for a fuller
treatment of probable cause.
1. The Code permits a warrantless arrest of a person, but the sworn
person so arrested “shall be brought forth with before a
magistrate or other issuing authority having jurisdiction who
shall proceed to examine the officer making the arrest under
oath.”
B. When Warrantless Arrests May be Made
An officer may make a warrantless arrest:
1. When a person commits a crime in the officer’s presence (Code
19.2-81);
2. The officer has “reasonable grounds or probable cause to suspect
any person of having committed a felony not in his presence”
(Code 19.2-81);
3. At the scene of any motor vehicle accident on any public
roadway when, based upon personal investigation, the officer has
“reasonable grounds to believe…that a crime has been
committed by any person then and there present” (19.2-81);
4. At any hospital or medical facility to which any person involved
in a motor vehicle accident has been transported, provided the
officer has “reasonable grounds to believe, based upon personal
investigation, including information obtained from eyewitnesses,
that a crime has been committed by that person.” (19.2-81).
5. In the apprehension of any person charged with theft of any
motor vehicle on any public roadway when the officer “has
reasonable grounds to believe…that a crime has been committed
by any person then and there present” (19.2-81);
6. When any person is charged with a crime in another jurisdiction
and the officer has received;
a. A photocopy of the warrant;
b. A telegram;
c. A computer printout;
d. A facsimile printout, or;
e. A radio, telephone or teletype message which gives:
i. The name of the wanted person or an accurate
description
ii. The crime alleged
iii. An allegation that the person is likely to flee the
jurisdiction of the Commonwealth (Code Section
19.2-76, 19.2-81).
7. When the officer received a radio message from the department
that a warrant for an alleged misdemeanor is on file (Code
Section 19.2-81).
8. When an alleged misdemeanor not committed in the officer’s
presence involves shoplifting and a “reasonable complaint of the
person who observed the alleged offense” gives probable cause
(Section 19.2-81);
9. For assault and battery when the officer has probable cause to
arrest based upon the reasonable complaint of the person who
observed the offense (19.2-81);
10. When such officer has observed the registration of the speed of a
motor vehicle by radar (of other electrical device), or when such
officer has received a radio message from another officer who
has observed the registration of speed by radar; provided,
however, that:
a. The arresting officer is in uniform and displays his badge of
authority, and,
b. If the arrest is based on such radio message from another
officer, then,
i. Such radio message must have been dispatched
immediately after the speed of the motor vehicle
was registered,
ii. Such radio message must have furnished the license
number or other positive identification of the
vehicle.
C. Actions Upon Arrest
1. Upon arrest on a photocopy of the warrant, telegram, computer
printout, facsimile printout or teletype message, the arresting
officer shall serve a copy of the document on the accused.
2. The arresting officer should bring the accused before the
magistrate for bail hearing (See 19.2-76 and 18.2-123).
3. If the person arrested upon a charge in the county or city
contiguous to Botetourt County in which the charge is to be tried,
the arresting officer may deliver the accused to the custody of a
law enforcement officer having jurisdiction in which the charge
is to be tried, or he may bring the accused before the magistrate
pursuant to 19.2-123, Code of Virginia.
4. If the person is arrested based on a fugitive from another stated,
see Extradition, Code Section 19.2-100.
5. The magistrate should conduct a bail hearing and set bail or
secure bond if appropriate just as if the accused had been arrested
on the warrant from another jurisdiction. The police officer
should not request the issuance of any arrest process such as
duplicate warrants or fugitive warrants based on the charge in the
other jurisdiction within Virginia.
6. The arresting officer will contact the law enforcement officials
where the charge(s) was made and inform them that the accused
has been arrested on the teletype message (or other arrest
document), and if not bonded, ascertain when a representative
will arrive to transfer the accused back to the locality having trial
jurisdiction.
D. Juveniles
Refer to GO 78, 3-36 concerning handling of juveniles, and Code Section
16.1-246.
E. Summonses
An arresting officer shall issue a summons to appear at a time and place
specified in such summons whenever any person is detained by or in the
custody of an arresting officer for:
1. “Any violation committed in such officer’s presence which
offense is a violation of” any county, city or town ordinance, or
any provision of the Code, or any other misdemeanors or for
which the accused may receive a jail sentence (Section 19.2-74
(A) (1));
2. “An arrest on a warrant charging an offense for which a
summons may be issued…when specifically authorized by the
judicial officer issuing the warrant”; or,
3. A violation of any county, city or town ordinance, or any
provision of the Code, (except as otherwise provided in Title
26.2 of the Code (Motor Vehicles) or in Code Section 18.2-266
(Driving Motor Vehicles, etc., While intoxicated)) or any other
misdemeanor, punishable as a Class 3 or Class 4 misdemeanor or
for which the accused cannot receive a jail sentence.
4. Anything in this subsection to the contrary notwithstanding, if
any person is believed by the arresting officer to be likely to
disregard a summons issued under the provisions of this
subsection, or if any person is reasonably believed by the
arresting officer to be likely to cause harm to himself or to any
other person, then such person should be brought forthwith
before a magistrate, and the procedure for warrantless arrest,
pursuant to Section 19.2-82 should be followed, (19.2-74 (A)
(1)).
5. For Class 4 misdemeanors, “the arresting officer shall take the
name and address of such person and issue a summons” after
which “the officer shall forthwith release him from custody,”
(Code Section 19.2-74 (A) (2)). The accused is required,
however, to give his written promise to appear before being
released from custody. The statute specifically allows the officer
to take the accused before a magistrate immediately if the officer
reasonably believes that the accused is likely to disregard the
summons or to do injury to himself or others.
6. In addition to excepting (“as otherwise provided”) Title 46.2
(Motor Vehicles), Code Section 19.2-74 (A) (2) specifically
excepts Code Section 18.2-388 which makes it a Class 4
misdemeanor for a person to curse or swear profanely, or be
drunk in public, (Section 18.2-388). In an arrest for a violation,
there is no need for a warrant, unless the arrested person requests
that the charges be written in the form of a warrant (Section 16.2-
129.1).
F. Summaries: Public Drunkenness
Section 19.2-74 controls the procedure for arrest for public drunkenness or
profanity; therefore, the arresting officer may issue a summons to the
accused rather than taking him into custody. Since Section 19.2-74 (A)
(1) gives an officer discretion to issue a summons or bring the accused
before a magistrate when the officer believes the person is likely to
disregard a summons or to harm himself or others, then a person charged
with public profanity or drunkenness may be arrested or incarcerated for
that offense if necessary.
G. Release on Promise to Appear
1. In all of the above situations, when the arresting officer issues a
summons and released the accused from custody, the person
arrested must first as a condition of his released make a “written
promise to appear at (the specified) time and place…” (Sections
19.2-74 (A) (1) and 19.2-74 (A) (2)). If such persons refuses to
give this written promise to appear, he “shall be taken
immediately by the arresting officer or other police officer before
a magistrate or other issuing authority having jurisdiction, who
shall proceed according to the provisions of Section 19.2-74 (A)
(3) (paragraph 2). Alternatively, if such person gives his written
promise, but later willfully violates this promise, he shall be
subject to the penalties of Section 19.2-128 (Class 1)
Misdemeanor is addition to original charge and possible
forfeiture of pledged security,” (Section 19.2-74 (A) (3)).
2. When “any person (is) charged with committing any violation of
Section 18.2-407…(which proscribes riot or unlawful assembly,
he) may be arrested and immediately brought before a magistrate
who shall proceed as provided in Section 19.2-82 (procedure
upon arrest without a warrant),” Section 19.2-74 (A) (3).
3. When release on a summons is appropriate, the arrested person
will not be photographed or fingerprinted before release. This
processing will be done after appearance in court and only in
cases where there is a conviction (Section 19.2-74).
VI. BOOKING PROCEDURES
A. Constitutional Considerations
Refer to GO 47, 3-5, for a discussion of search guidelines, and GO 50, 3-8
for searches incident to arrest. Refer to GO 43, 3-1 for a discussion of
advising arrested persons of their rights.
B. Releases on Summonses and Mandatory Arrest
1. The person will be released on a Virginia Uniform Summons at
the location of arrest on all misdemeanors with the following
exceptions:
a. Charges of driving under the influence
b. Charges of public drunkenness
c. The officer believes that the person may disregard the
summons
d. If the officer believes the arrested person will cause harm
either to himself or another person
2. If the arrested person is not released on a summons or is charged
with a felony, the following procedures will be followed:
a. The person will be transported to the magistrate’s office to
be formally charged, if the warrant was not obtained.
b. If the warrant was obtained before the arrest and a
summons cannot be issued, the person will be transported
to the jail and processing will begin upon arrival.
c. The person must read the charge on each warrant.
d. A NCIC check should be made on the person before being
released from custody.
C. Injury Before or During Arrest
If a person receives an injury before or during an arrest and either requests
medical attention, or, in the officer’s judgment, such attention is needed, if
will be offered or obtained before beginning the booking procedure
placing the person in jail.
D. Processing of Paperwork
1. All paperwork must be filled out, forwarded to the supervisors,
and routed.
2. On a felony arrest, the CCRE forms will be completed. General
District Court will need:
a. Original copy of served warrant
b. CCRE form
c. Bond papers
d. Jail committal
3. On a Class 1 or 2 misdemeanor arrest:
If the arrestee is not released on a summons or released following
court conviction, the forms listed below will be completed and
routed as follows:
a. Police records
i. CCRE forms
ii. Photograph
b. General District Court:
i. Original copy of warrant
ii. CCRE form
iii. Bond papers (if subject bonded)
4. On Class III or IV misdemeanors:
a. Department records (see paragraph E,1)
b. General District Court:
i. Original Copy of served warrant
ii. Bond papers (if issued)
iii. Jail Committal (if detained)
5. On all juveniles taken into custody for either misdemeanor or
felony charges:
a. Records Section – all photos and fingerprints taken as
specified in GO 78, 3-36, juvenile procedures.
b. Juvenile and domestic relations court:
i. Petitions
ii. Detentions orders
c. Concerning juveniles charged where an offense report has
not been prepared, a brief summary of the offense shall be
provided by the arresting officer.
E. Further Processing
1. The arrestee is then returned to the magistrate who will consider
a bond (except in those instances where a Virginia Uniform
Summons is acceptable.)
2. If bond is allowed, the magistrate completes a bond certificate,
which is attached to the warrant(s), and the person is allowed to
leave.
3. If bond is not allowed or cannot be made, the person is then
committed to jail by the magistrate, and a committal form is
completed by the magistrate and attached to the warrant and the
arrested person is placed in jail.
4. Items seized as evidence will be properly tagged and returned to
the department and placed in an evidence locker.

VII. RELEASE FROM ARREST


A. In some instances, officers may encounter a circumstance where probable
cause develops to arrest a person for an offense only to find out shortly
thereafter that the person under arrest did not commit a crime, or that
further investigation reveals the event does not constitute a crime. It is
imperative, then, that the officer end the arrest process immediately to
avoid becoming liable for false imprisonment. False imprisonment, as
defined in Montgomery Ward v. Freeman, 199 F 2D 720 (1953), “is the
restraint of one’s liberty without any sufficient legal excuse.”
1. The Attorney General of Virginia has issued an opinion, Report
of the Attorney (1971), Page 102, which states the following:
“It is my opinion, therefore, that an arresting officer, who may
have a probable cause to initially make the arrest without a
warrant, may thereafter conclude that further prosecution of the
arrestee would be improper or fruitless, and may, subsequently,
discharge him from custody without the necessity of taking him
before a magistrate.”
As stated by the Attorney General, an officer is required to
formally charge only those persons who have been placed under
arrest, if the officer concludes that further prosecution would be
property and fruitful.
B. Procedure
1. The arresting officer shall not formally charge those under arrest
when it is proven to his satisfaction that either the person under
arrest did not commit a crime or that an event investigated is
found not to constitute a crime.
2. When an officer releases a subject from arrest, he should take
care to return the person to the same location occupied before the
arrest. For example, an officer arrests a subject, then transports
him to the magistrate when the officer learns that the probable
cause had used to make the arrest not longer exists. Instead of
releasing the subject along the roadside, the officer should return
to the location of the arrest and release the person. If a vehicle
has been towed, the vehicle shall be returned to the
operator/registered owner.
3. Upon released a person in this manner, the officer shall
immediately contact his supervisor and advise him of the
incident.
4. To protect himself and the department, the officer shall
document in an incident report:
a. Date and time of arrest.
b. Person arrested (name, address, date of birth, race)
c. Location of arrest.
d. Location of time of release from arrest and whether the
person was transported.
e. Reasons or discovery of information which led the officer
to release from arrest.
f. Witnesses to the alleged crime, or to the fact the person
arrested was allegedly involved.
5. If the officer makes an arrest based on probable cause, the arrest
is lawful. Probable cause must continue to exist through the
appearance of the officer and arrested person before the
magistrate. If not, the officer must release the person as soon as
practicable. See Code Sections 19.2-82, 83.
SUMMARY OF LAWS OF ARREST

Criminal Offenses – All offenses except Traffic as found in Title 46.2.


1. Law enforcement officers shall issue a Uniform Summons on all
misdemeanor offenses committed. The officer shall proceed to the
magistrate with accused when any of the following exceptions are
present:
a. Class 1 or 2 Misdemeanors (and all other jail able offenses).
i. When there is a reason to believe accused will not
appear.
ii. When there is a reason to believe accused will be in
danger of himself or to others.
iii. When accused fails to give written promise to appear.

b. Class 3 or 4 Misdemeanors (and all other non-jail able


offenses).
i. When accused fails to give a written promise to appear,
or refuses to discontinue the unlawful act.
ii. Violations of Sections: 18.2-266 (Driving While
Intoxicated); 18.2-388 (Drunk in Public); 18.2-407
(Unlawful Assembly).
iii. The accused is a non-resident of the Commonwealth.
iv. When the accused is unable to reasonably establish his
name and address.
For offenses indicated by TI (Traffic Infractions) the accused should be released on
summons upon giving his written promise to appear for the scheduled court hearing.
All other offenses are considered to be misdemeanor unless so indicated.
2. Law enforcement officer shall issue a Uniform Summons on all traffic
offenses committed in his presence except:
a. Traffic misdemeanors:
i. When there is reason to believe that the accused will
not appear.
ii. When accused fails to give written promise to appear.
b. Traffic infractions:
i. When accused fails to give written promise to appear.
C. Violations of law:
Law enforcement officer shall proceed to magistrate with accused when
any of the following exceptions are present:
1. Committed by motorist from reciprocal states which require
revocation of license, if convicted.
2. When the accused holds a license from a non-reciprocal state.
3. When the accused is unable to reasonably establish his name and
address.

RECIPROCAL STATES
See Section 46.2-179.2 for reference.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 52 EFFECTIVE DATE: 05/01/04

SEARCH INCIDENT TO AN ARREST

I. POLICY
Officers who, during the course of duty, develop probable cause or reasonable
suspicion that a crime has been committed may make investigative stops of
citizens, arrests, or conduct searches. The department encourages
investigative activity and expects officers competently and knowledgeably to
search whenever the occasion arises. Consistent with the polices of General
Orders 48, 3-6 and 49, 3-7, officers shall not conduct general exploratory
searches but shall adhere strictly to constitutional guidelines.

II. PURPOSE
To establish guidelines for the search of person(s) who are placed under arrest
and taken into custody.

III. PROCEDURE
A. General
The Fourth Amendment to the U.S. Constitution states in part, “The right
of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures shall not be violated.”
The general rule is that a reasonable search may follow a valid arrest. The
officer has the authority to make a search which may extend to articles
carried by the suspect, and the suspect’s immediate surroundings.
B. Time and place of search incident to an arrest.
A search incident to an arrest must occur in such a way that it and the
arrest are part of a continuous, uninterrupted transaction. Two things are
necessary for this to occur:
1. The search must be made as soon as practicable after the arrest.
2. The search must be made at or near the place of arrest.
These two things have been fulfilled if the officer takes the arrested person
to the station house or to another detention center to be searched.
C. When a search before an arrest is valid
A search incident to an arrest is normally required to follow the arrest. An
officer cannot make a search of a person without probable cause and then
arrest the person if something incriminating turns up.
A search made before an arrest is valid only if:
1. Probable cause for the arrest existed before and search began;
and,
2. The search and arrest occur almost at the same time.
D. An officer conducting a search incident to an arrest is permitted to use
whatever degree of force is reasonable and necessary. If he used an
unreasonable amount of force, the search is unlawful.
1. Officers are reminded that the use of deadly force to prevent the
escape of a fleeing felon may constitute an unreasonable seizure
under the Fourth Amendment (Tennessee v. Garner, 471 U.S. 1,
105 S. Ct. 1694 (1985)). The courts have extended the logic of
the Garner decision to the use of any excessive force during an
arrest.
E. Scope of search
An officer making a search incident to an arrest may search only the
following places:
1. The entirety of the person being arrested, (United States v.
Robinson, 414 U.S. 218 (1973)); and,
2. The area in the immediate control of the person being arrested
into which he could reach for a weapon or for evidence; and
purpose of this search must be to:
a. Protect the officer;
b. Prevent escape; or
c. Prevent the destruction of evidence (Chimel v. California,
395 U.S. 752 (1969)).
3. Accessories carried by the suspect may be searched incident to a
full custodial arrest, for they are within the area in which the
defendant might reach to grab a weapon or an item of evidence.
(United States v. Litman, 739 F. 2nd 137 [1984]). See GO 2-1.11,
VIII.
F. Strip Searches
Strip searches are governed by Code Section 19.2-59. They:
1. May not be conducted of persons arrested for traffic violations,
Class 3 or 4 Misdemeanors, or violations of city, county or town
ordinances which are punishable by less than 30 days in jail,
unless there is reasonable cause to believe on the part of the
officer that the person is concealing a weapon.
2. Must be performed by persons of the same sex as the person
arrested and on premises where the search cannot be observed by
persons not physically conducting the search.
3. A search of any body cavity must be performed under sanitary
conditions and a search of any body cavity other than the mouth
shall be conducted either by or under the supervision of
medically trained personnel. See Section 19.2-59.1 for definition
and exceptions.
G. What may be seized
1. During a search incident to an arrest, an officer may seize the
following things:
a. Anything in the permissible area (See Section D above)
that is evidence of the offense for which the officer has
probable cause to make the arrest.
b. Anything in the permissible area that is evidence of any
other offense.
c. Anything else which is outside the permissible area that is
evidence of the offense for which the officer makes the
arrest or of any other offense if:
i. The evidence is in plain view or the spot where that
the officer makes the arrest; and,
ii. The officer’s discovery of the evidence is
inadvertent, that is, the officer neither knows the
location of the evidence nor intends to seize it
before he goes to make an arrest.
H. Searches incident to an arrest are not illegal. The Attorney General has
decided that searches incident to lawful arrest are not prohibited by Code
Section 19.2-59 which provides that no law enforcement officer shall
conduct a search unless he has a search warrant issued by the proper
officer. The opinion was provided to the Department of State Police in
1976.

IV. SEARCHES OF PRISONERS – PROCEDURES


The department advocates the following method of searching arrested
persons:
1. Wall search: Place the suspect with hands high on a wall or
other vertical surfaces and extended approximately three feet
apart. Do not allow him to place his palms flat on the wall: have
him extend his fingers. The feet should be positioned one of two
ways. The first method is to separate the feet wide apart, the
other is to make the suspect cross his legs. His legs should be far
enough away from the wall so that the suspect would not have
significant balance to push away from the wall with any force.
The suspect’s back should be in a straight line with the legs and
not be arched. When searching the suspect’s left side, the
officer’s left leg should be placed aligned with the middle of the
suspect’s back. With proper hand and foot location, the officer
maintains complete control. With this approach, the officer
searches with one hand.
Search the following:
a. Hair
b. Open mouth
c. Collar
d. Back of neck
e. Both arms
f. Armpits
g. Chest
h. Back
i. Waistline (feel inside the pants)
j. Inside belt
k. Crotch
l. Down both legs
m. Cuffs
n. Socks
o. Inside Shoes
2. Body cavity search: Body cavity searches other than the mouth
will be conducted under the supervision of medically trained
personnel and only when there is probable cause to believe a
particular prisoner may be concealing contraband within a body
cavity or otherwise on his or her person. Such searches will be
conducted only in extreme emergencies to protect the lives of
prisoners or to prevent serious breaches of security. Should a
body cavity search become necessary, the following procedures
will be followed:
a. The officer will inform the prisoner of his intentions to
conduct a body cavity search thus giving the prisoner the
opportunity to voluntarily surrender the suspected
contraband.
b. The prisoner shall remove every article of clothing
including wigs and dentures and shall give them to the
officer for inspections.
c. Should the prisoner resist the cavity search and become
violent, additional officers of the same sex as the prisoner
shall restrain the prisoner and assist in stripping. Only
sufficient force will be applied to complete the search in
accordance with procedure set forth.
d. Should a prisoner resist a cavity search and insufficient
number of the same sex are available to restrain the
prisoner, the following procedures will be followed:
i. Officers of the opposite sex may be called upon to
subdue the prisoner before he or she is stripped.
ii. Officers shall subdue the prisoner and apply the
necessary restraints (handcuffs, shackles, etc.), then
leave the room.
e. In all cases, body cavity searches will be conducted only
when considered absolutely essential and probable cause
exists, and will be conducted so as to afford a minimum of
embarrassment and maximum privacy for the prisoner.
ALLEGHANY COUNTY SHERIFF’S OFFICE
GENERAL ORDER #53 EFFECTIVE DATE: 06/01/17

EMERGENCY CUSTODY

I. PURPOSE

To give guidance to department personnel in assuming emergency custody through


observation of the issuance of an Emergency Custody Order.

II. POLICY

It is the policy of the Alleghany County Sheriff’s Office to comply with the Code of
Virginia and other applicable court orders in establishing standard operating
procedures developed to facilitate the issuance of Emergency Custody and
Temporary Detention Orders.

III. DEFINITIONS

EMERGENCY CUSTODY: In accordance with Section 37.2-808, COV, “Any law


enforcement officer who, based upon his observation or the reliable reports of
others, has probable cause to believe that any person is mentally ill and in need of
emergency evaluation for hospitalization, may take that person into custody and
transport them to an appropriate location to assess the need for hospitalization
without prior judicial authorization.”

EMERGENCY CUSTODY ORDER (ECO): Sections 37.2-808/16.1-340, of the Code


of Virginia, authorizes magistrates to order law enforcement to take into custody
and transport for needed mental health evaluation and care, or medical evaluation
and care, an adult or minor who is unwilling or unable to volunteer. Emergency
custody can be initiated by law enforcement without an ECO.

The purpose of emergency custody is to obtain a face-to-face meeting between a


professional mental health evaluator and a person thought to be mentally ill
(respondent) in order for the evaluator to provide expert evidence as to whether the
respondent needs hospitalization or treatment for a mental illness and otherwise
meets statutory criteria for issuance of a TDO.

The criteria for an ECO, whether magistrate issued or officer initiated, is the same.
The following five findings must be met:
1. The respondent must be presently located in the magistrate’s region.

2. The respondent has a mental illness.

3. There is a substantial likelihood that, as a result of mental illness, the


respondent will, in the near future, either:

a. Cause serious physical harm to himself or others as evidenced by


recent behavior causing, attempting, or threatening harm; OR

b. Suffer serious harm due to the lack of capacity to protect


themselves from harm or to provide for their basic human needs.

4. The respondent is in need of hospitalization or treatment.

5. The respondent is unwilling to volunteer or incapable of volunteering for


hospitalization or treatment.

TEMPORARY DETENTION ORDER (TDO): Sections 37.2-809/16.1-340.1/16.1-


340.2 of the Code of Virginia states that the purpose of a TDO is to require short-
term necessary detention of a person believed to be mentally ill, and not harmless, in
an approved mental health institution in order to provide for in-depth evaluation by
mental health professionals in preparation for a formal commitment hearing to be
conducted by a judge or another judicial officer known as a special justice. It
applies only when the person is unwilling to volunteer or incapable of volunteering
for admission.

IV: PROCEDURE

A. Emergency Custody by Law Enforcement or service of an Emergency Custody


Order

1. In accordance with sections 37.2-808/16.1-340 of the Code of Virginia, “any law


enforcement officer who, based upon his observations, or the reliable reports of
others, has probable cause to believe that any person is mentally ill and in need
of emergency evaluation for hospitalization, make take that person into custody
and transport them to an appropriate location to assess the need for
hospitalization without prior judicial authorization.”

2. Although a police officer is not required by law to first obtain an Emergency


Custody Order (ECO) before taking a suspected mentally ill person into custody,
it is recommended that, when circumstances permit, and no immediate crisis
exists, an ECO should be obtained by a relative or other responsible person, who
has observed the behavior. This person shall be advised to petition the
magistrate for an ECO.

3. If the magistrate issues an Emergency Custody Order, they will direct in the
order what law enforcement agency to serve the order on the respondent and
take them into custody. This is based on the jurisdiction in which the respondent
is currently located. An Alternative Transportation Provider (ATP) may also be
designated to transport the respondent.

4. The magistrate will also designate in the ECO, where the respondent is to be
transported for the mental health evaluation. The magistrate may also direct in
the ECO that the respondent be taken to a medical facility for any necessary
emergency medical care or medical clearance prior to admission.

5. When a law enforcement officer takes a respondent into custody, the following
procedures will be followed and shall apply to all cases where emergency custody
is affected by either law enforcement or on the issuance of an ECO by a
magistrate:

a. When serving an ECO, the officer may use reasonable and necessary
force to gain entry to the respondent’s place of abode, or other like place,
to take the person into custody.

b. The officer shall note the time custody was affected. The officer may only
retain custody of a respondent for 8 hours from the time the person was
physically taken into custody.

c. The officer shall immediately transport the person to the screening


location specified on the order. For cases where law enforcement takes
custody of the respondent without an Emergency Custody Order, the
respondent will be transported to the emergency department of Lewis
Gale Alleghany. The officer will advise the communications center of the
time the respondent was taken into custody and the location to which the
respondent will be transported.

d. The communications center shall immediately notify Emergency


Outreach Services (EOS) that the officer is enroute to the screening
location with the respondent, as well as the time custody was affected.
e. The officer is responsible to maintain custody of the respondent for the
duration of the mental and/or medical evaluation, and until the
respondent is either released by the EOS counselor or a TDO is issued.

f. If the EOS counselor does not believe the respondent is in need of further
evaluation/treatment, they will release the respondent from the ECO and
the officer will release them from custody. After the respondent has been
released from custody, the officer will transport the person back to the
site that custody was affected. Transportation will only be provided by the
Sheriff’s Office in cases where the respondent cannot arrange for
transportation.

g. If the EOS counselor believes that the respondent needs further


evaluation/treatment, they will petition the magistrate for a TDO.

B. Temporary Detention Order

1. Sections 37.2-809/16.1-340.1/16.1-340.2 of the Code of Virginia states that an


Emergency Outreach Services (EOS) worker may petition the magistrate for a
Temporary Detention Order requiring a short-term necessary detention of a
person believed to be mentally ill and not harmless in an approved mental health
institution in order to provide for the in-depth evaluation by mental health
professionals in preparation for a formal commitment hearing.

2. The magistrate will designate in the TDO the law enforcement agency to serve
the TDO on the respondent and to take the respondent into custody. The
responsible agency is the jurisdiction in which the respondent resides within 50
miles of their current location. If the respondent’s residence is outside of the 50
miles, the agency where they are currently located will be designated to serve
and take the respondent into custody. An Alternative Transportation Provider
(ATP) may also be designated to transport the respondent.

3. The magistrate will also designate the mental health facility in which the
respondent is to be transported.

4. The officer shall retain custody of the respondent until they are transferred to
the custody of the receiving mental health facility.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 54 EFFECTIVE DATE: 06/01/17

USE OF HANDCUFFS & RESTRAINTS

I. POLICY
The responsibility of an officer for the safe custody of his prisoner permits
some discretion in the use of handcuffs and restraining devices. The
department requires officers to exercise safety awareness by carefully
restraining most prisoners who must be transported to a jail or other location.

II. PURPOSE
To establish guidelines for the use of handcuffs and restraining devices.

III. PROCEDURE
A. Handcuffs: Arrested subjects will be handcuffed when the officer has
reasonable cause to believe their use is necessary for the safety of the
arrested person, the officer or other persons. It is strongly suggested that
handcuffs be used at any time a prisoner is transported, but the officer may
use his own discretion when the non-use of handcuffs may better suit the
situation. All subjects must be handcuffed before entering the Alleghany
Regional Jail and other locations that may require the same. Handcuffs
shall be used when transporting all prisoners charged with a felony.
Officers shall use their own discretion when choosing to handcuff in the
front or back. The persons deformity or disability may be taken into
consideration when choosing back or front cuffing. When handcuffing is
used, the double lock will be used to help ensure prisoner and officer
safety. Double locking reduces the change of picking the lock or cuff
accidentally closing.
B. Body Belt – Normally, this device will be used when transporting
prisoners considerable distances.
C. Ankle Shackles – Ankle shackles shall be used by officers when
transporting any prisoner they reason to believe might be an escape risk.
D. Plastic Handcuffs or Flexi-Cuffs – Plastic handcuffs or flexi-cuffs shall be
used when officers take into custody several prisoners, or when a prisoner
requires multiple restraints.
E. Prisoners to and from Court – All persons transported to and from court
shall be handcuffed. A Jail Deputy or other available Deputy will
transport to court when more than two prisoners are being taken to court
or other times when deemed necessary. All prisoners will be searched by
the Jail Deputy upon returning from court before returning to the jail
secure area.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 55 EFFECTIVE DATE: 06/01/17

PRISONER TRANSPORTATION

I. POLICY
Transportation of persons in custody is a constant requirement and a frequent
activity. The first is immediately after arrest when the arrestee is taken by the
arresting officer for booking and holding or transfer to another facility. The
second concerns the movement of prisoners from the detention facility, such
as the county jail, to a hospital, doctor, dentist or other medical facility, to
court, or to attend a funeral or visit a seriously ill relative and for other reasons
that may be ordered by the court or Sheriff. In all instances of transfer or
persons in custody of the department, officers shall take care not to endanger
themselves and to ensure both the prisoner’s safety and to limit opportunities
to escape.

II. PURPOSE
To establish procedure to ensure that prisoners are transported safely.

III. PROCEDURE
A. General
1. With only limited exceptions, all prisoners will only be transported
in secure, caged vehicles.
2. In no case shall a juvenile known or believed to be under the age of
15 years be transported with adults suspected of or charged with
criminal acts.
B. Searching the Prisoner
The transporting officer should always search a prisoner before placing
him into the vehicle. Officers should never assume that a prisoner does
not possess a weapon or contraband or that someone else has already
searched the prisoner. The transporting officer should conduct a search of
the prisoner each time the prisoner enters custody of the officer.
C. Searching the Transport Vehicle
The transporting officer will search the vehicle before each prisoner
transport to ensure that no weapons or contraband are available to the
prisoner. Further, after delivering the prisoner to his/her destination,
officers shall again search their vehicle to ensure that the prisoner did not
hide contraband or other evidence.
D. Position of Prisoners in the Transport Vehicle.
1. With only limited exceptions, when one officer is transporting one
prisoner, the prisoner will be positioned on the rear seat on the side
opposite the driver.
2. When one officer is transporting more than one prisoner, the
prisoners will be located on the rear seat and if circumstances
warrant, the transporting officer may use seat belts to better secure
the prisoners.
3. If more than one officer is involved in the same vehicle
transporting prisoners:
a. The officers will be positioned in the front seat and the
prisoner in the rear, with the non-driving officer keeping
watch over the prisoner. When circumstances warrant, one
officer will position himself in the rear seat with the prisoner.
The prisoner will be positioned opposite the driver.
b. In a situation where more than one prisoner is transported by
two officers in the same vehicle, the prisoners should be
positioned on the rear seat and the assisting officer should
position himself in the front seat in order to see the prisoner
at all times.
E. Control of Prisoners while Transporting
1. Observation
a. While transporting a prisoner, the officer will observe him at
all times, even when it becomes necessary to allow the
prisoner to use the toilet.
b. In a situation where observation is not possible, the officer
should ensure that he has as much control of the situation
facility with another person and the officer should ensure that
there are not escape routes within the facility and there are no
weapons available to the prisoner. The prisoner shall be
searched before and after such an incident.
2. Meals – If necessary for transporting officers to stop enroute for
a meal while a prisoner is with him, he should choose an
unfamiliar place. This minimizes any change of a prearranged
plan for someone to attempt a release of a prisoner.
3. Stopping to Provide Law-Enforcement Services While
Transporting – When transporting a prisoner, the transporting
officer will provide law enforcement services only in the
following situations:
a. When there is a need for the transporting officer to act
immediately in order that a potential victim is not harmed.
b. When a victim has been injured and assistance is required
right away.
c. When a crime is in progress and there is immediate need
because of safety reasons that the subject be apprehended.
d. In all of the above situations, the transporting officer should
ensure at all times that his prisoner is secure and protected.
e. Under no circumstances shall an officer transporting a
prisoner engage in a pursuit.
4. Escape – In the event a prisoner escapes while being transported,
the transporting officer will use the following procedures:
a. Assistance will be requested immediately from the
jurisdiction the officer is in at the time of escape.
b. The transporting officer will offer services in order to
recapture the escapee as soon as possible. See VA Code
Section 19.2-77.
c. The transporting officer will submit a written report to the
Sheriff as soon as he returns to the department explaining the
circumstances of the escape.
5. Prisoner Communication – The transporting officer will not
allow prisoners to communicate with other people while in
transit unless the situation requires it. The officer shall use his
good judgment when deciding whether to allow a conversation to
take place between the transported prisoner and another party.
6. Arrival at Destination – When transporting prisoners from one
facility to another, the transporting officer upon arriving at his
destination with the prisoner will follow these procedures:
a. Firearms will be secured in the designated place at the
facility being entered.
b. Restraining devices will be removed only when directed to
do so by the receiving facility or when the officer is sure that
the prisoner is properly controlled and secured.
c. The proper paper work (jail committal, property form, court
order, etc.) will be submitted to the proper person at the
receiving facility and in situations that require it, the officer
will ensure that the proper signatures are obtained on
paperwork to be returned to the department.
7. Medical Facilities – When a prisoner is transported to a medical
facility and is admitted by the attending physician, the officer
will immediately notify the jail shift sergeant. The sergeant will
in turn use the following procedures to ensure control of the
prisoner:
a. Have the prisoner released from custody, if appropriate, by
contacting and seeking advice from the Commonwealth
Attorney and the Chief Jailor.
b. If the prisoner has to remain in custody, the medical facility
should be requested to put the prisoner in as secure of a
private room as possible.
c. The prisoner should be kept under observation at all times
and, normally, restraining devices should be used. Officers
should consult with medical personnel concerning use of
restraining devices.
d. The jail shift sergeant or Chief Jailor shall be notified of the
situation as soon as possible and will schedule officers for
guard duty.
e. The jail shift sergeant or Chief Jailor will brief every officer
on restrictions and duties of guard duty.
f. The Chief Jailor or Shift Sergeant will ensure that guards are
checked periodically and relieved as necessary.
8. Transport of Dangerous/Security Risk Prisoners to Court – When
a transported prisoner is considered dangerous or a security
hazard, the Chief Jailor or Sheriff will be notified before the
transport takes place in order that prisoner handling can be
planned to minimize any chance of escape, injury to the prisoner
or any one else.
F. Special Transport Problems
1. Transport of Prisoners by officer of different sex:
a. When transporting a prisoner of one sex by an officer of
another sex, an additional officer may be requested to
accompany the transport whenever possible.
b. When it is impractical to use a second officer, the
transporting officer will at a minimum:
i. Contact the dispatcher by radio and request that the
time and odometer mileage be logged on a radio
dispatch log and complaint card.
ii. The transporting officer should proceed directly to the
destination by using the shortest route.
iii. Upon arrival at the destination, the transporting
officer will contact the dispatcher by radio and
request that the time and odometer reading be logged
on the dispatch log and complaint card.
iv. At no time will a belly chain be used on a female who
is suspected to be pregnant.
2. Handicapped Prisoner
a. When transporting a handicapped prisoner, the transporting
officer will request assistance when needed in order that the
transport may be completed in a manner that is the most
convenient, comfortable and safe for both the prisoner and
the officer. A Rescue Squad may be contacted for assistance.
The transporting officer will ensure that whatever special
equipment or medicine is necessary for the prisoner to have
is taken as well.
b. When handicapped person is such that no danger of escape or
injury to the prisoner or officer exists, then the restraining
devices may be inappropriate.
3. Injured/Sick Prisoners
a. At any time before, during or after the arrest that the prisoner
is injured or becomes sick, the officer will seek medical
attention immediately. Medical attention will be obtained
before transporting the prisoner to the jail of injury/sickness
happens before arrival there.
b. The transporting officer must use the same discretion as
previously explained in using restraining devices on sick or
injured prisoners. Obviously, if a prisoner is injured or sick
enough to be totally incapacitated, restraining devices may
not be appropriate.
G. Restraining Devices
1. When prisoners must be restrained during transport, the
following procedures will normally be followed.
a. A single prisoner will be handcuffed in the front or in the
back. Method will be determined by the officer, depending
on the circumstances faced by the officer.
b. In transporting more than one prisoner, each prisoner should
be handcuffed in back with each prisoner’s arm intertwined
with another prisoner. The officer may use discretion as to
use the intertwined method or not.
c. Leg and waist belt restraints may be used in order to
minimize the risk of injury or escape.
d. Under no circumstances will a prisoner be handcuffed to a
part of the vehicle itself, such as the door post, protective
cage, etc.
e. Officers shall use ankle shackles or plastic handcuffs when
transporting any prisoner that might be an escape risk.
2. Mentally Disturbed Prisoners – If the use of a strait jacket
becomes necessary to transport a mentally disturbed prisoner, the
officer will request the assistance of Mental Health Personnel.
At no time will a strait jacket be used to restrain a prisoner who
does not require it.
H. Leg Restraint or Hobble Strap – A nylon web leg restraint may be used to
secure a violent or unruly prisoner during transport. The officer shall
carry in his possession a seat belt type cutter to quickly remove the
prisoner should an emergency occur and the vehicle door be disabled.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 56 EFFECTIVE DATE: 11/05/09

EMERGENCY VEHICLE OPERATION

I. POLICY
It shall be the policy of the Alleghany County Sheriff’s Office that all
members operate county vehicles in the safest manner possible. While
operating county vehicles, employees shall exercise safe driving practices and
obey the traffic laws of the Commonwealth of Virginia.
Officers of the Alleghany County Sheriff’s Office shall pursue known and
wanted criminals and traffic violators who fail to stop after being given proper
notice. The apprehension of a fleeing subject shall be secondary in
importance to the safety of the public, the alleged violator and the members of
the Sheriff’s Office.
Seat belts shall be worn at all times while operating Alleghany County
Sheriff’s Office vehicles. Unless the safe performance of duty is
compromised, vehicle seat belts shall be worn by all occupants.

II. PURPOSE
The purpose of this general order is to establish policy ensuring the safe
operation of sheriff’s office vehicles. Special attention will be given to the
safe operation of sheriff’s office vehicles when responding to emergency calls
for service and in situations involving vehicular pursuit.

III. PROCEDURE
A. General
1. All Sheriff’s Office vehicles will be driven in a safe and proper
manner, with the driver remaining in control of the vehicle at all
times, and acting in full compliance with all traffic laws and
regulations. Sheriff’s Office vehicles are conspicuous symbols
of authority on the streets, and the actions of drivers are observed
by many. This places the responsibility on each member of the
Sheriff’s Office to set a visible example of god driving behavior
and habits.
2. Under emergency situations as defined herein, Section 46.2-920
of the Code of Virginia authorizes vehicle operators to disregard
certain traffic regulations specified therein. However, neither the
individual operator nor the Sheriff’ Department is immune from
civil liability for failure to use reasonable car. The Sheriff’s
Office and the individual operator may be liable for civil
damages for the infliction of personal or property damage to the
other drivers other law enforcement personnel or bystanders and
their property if reasonable care is not exercised.
3. Prior to the beginning of a tour of duty, each member of the
Sheriff’s Office shall conduct a safety check on the vehicle to be
used. The safety check shall include (but not be limited to) all
lights, brakes, siren, horn, seat belts, tires and steering.
4. No officer or employee shall operate any Sheriff’s Office vehicle
which is believed to be operationally unsafe. A vehicle removed
from service for this reason shall not be returned to service until
it has been checked by a mechanic and made safe and ready for
service.
B. Routine Patrol Operations
1. Vehicles are used for routine or general patrol service will be
those that are conspicuously marked and equipped with the
following:
a. Roof top light bar equipped with blue lens
b. Electronic siren
c. Mobile radio transceiver
d. Reflective marking
2. Conspicuously marked patrol vehicles increase visibility thus
enhancing safety. It also serves as a deterrent to potential law
violators and provides citizens with a feeling of security.
C. Specialized Law Enforcement Vehicles
1. Unmarked patrol vehicles may be utilized for specialized law
enforcement needs to include:
a. Administrative;
b. Investigative;
c. Supervision;
d. Traffic law enforcement;
e. K-9 Unit
2. Such unmarked patrol vehicles shall be equipped with electronic
sirens and blue emergency warning lights. Exceptions may be
made for vehicles used in special enforcement situations with
approval by the Sheriff.
3. Unmarked vehicles primarily used for patrol supervision will be
equipped with a blue flashing light inside the vehicle on the front
and the rear.
4. Undercover vehicles, i.e., those not equipped with emergency
lights and siren, will be sued primarily for drug enforcement.
Vehicles not equipped with emergency lights and siren shall not
be used for emergency response or in vehicular pursuits.
D. Vehicular Equipment
1. Spotlights may be used when the vehicle is stationary or moving
at speeds not to exceed 15 miles per hour. Auxiliary lighting
shall not be used in a manner which will tend to blind or interfere
with the vision of other drivers.
2. Nothing in the above paragraph will prohibit the use of the
spotlight in traffic stops to enhance officer safety.
E. Emergency Operation
1. Emergency vehicle operation is authorized in situations which
demand the immediate presence of a member of the Sheriff’s
Office in order to protect a person from possible death or serious
injury. Emergency vehicle operation is authorized but not
specifically limited to the following instances:
a. In response to accidents involving death, serious injury, or
likelihood of such injury due to the location/condition of
the accident scene;
b. Calls for emergency assistance from another officer or law
enforcement agency personnel;
c. Response to violence oriented calls in progress; i.e., large
fights, disturbances, cuttings and shootings;
d. Response to felony in progress calls;
e. Hazardous materials calls where the likelihood of personal
danger exists, i.e., dangerous chemical spills, railroad
accidents involving dangerous gas.
2. When operating a law enforcement vehicle during emergency
response, officers must exercise extreme caution at all times and
are responsible for the safe operation of the vehicle. Officers are
responsible for maintaining proper control of their vehicles at all
times. The safety of the officers and citizen(s) are of paramount
concern.
a. Operators of Sheriff’s Office vehicles must bear in mind
that traffic regulations requiring other vehicles to yield the
right of way to any emergency vehicles do not relieve the
operator of such emergency vehicle from the DUTY TO
DRIVE WITH DUE REGARD FOR THE SAFETY OF
ALL PERSONS USING THE HIGHWAYS, NOR SHALL
IT PROTECT THE DRIVER FROM THE
CONSEQUENCES OF AN ARBITRARY EXERCISE OF
SUCH RIGHT OF WAY.
b. Siren and emergency lights shall be operating at all times
when responding as an emergency vehicle.
c. Officer operating Department vehicles are encouraged to
make use of headlights at all times when operating as an
emergency vehicle. The use of headlights during daylight
hours increases visibility.
d. It is never mandatory that an officer operating a police
vehicle as an emergency vehicle when factors as distance,
traffic and other safety conditions make an emergency
response unsafe or impractical.
e. Officers operating unmarked patrol vehicles under
emergency conditions must remember that, although
classified as an emergency vehicle, motorists and
pedestrians are often unaware of the approach of an
unmarked unit due to the concealment of the emergency
light. Under no circumstances will undercover vehicles,
those not equipped with lights and siren, be operated as an
emergency vehicle.
f. Drivers of emergency vehicles shall use extreme caution
before entering any intersection, even those displaying a
green or caution light, yield sign, etc.
g. When responding to emergency calls for service, officers
should make every effort to park police units in a safe and
proper parking location. When circumstances arise which
require officers to park their police unit in a hazardous
location, the use of emergency warning lights shall be used
when possible. To the extent possible when responding to
non-emergency calls, sheriffs department units shall be
property parked.
h. When responding to calls for service other than those of an
emergency nature, officers shall proceed as quickly as
possible while still cognizant of their duty to adhere to the
traffic laws.
F. Vehicular Pursuit
1. Definition
a. A pursuit is defined as an active effort by a sworn officer
operating a police unit utilizing emergency equipment
(Code 3, lights and siren) to apprehend the occupants of a
fleeing vehicle that is resisting apprehension by
maintaining or increasing their speed, disobeying traffic
laws, or deliberate refusal to yield to the officers
emergency vehicle.
2. Basis for Pursuit
a. At least reasonable suspicion that violators driving has
become reckless, or is otherwise endangering human life.
Continuing pursuit requires justification base on potential
threat to public and personal safety and/or seriousness of
criminal activity. Before reaching the decision to pursue,
many factors must be carefully weighted. These factors
include (but are not limited to) the following:
i. Time of day;
ii. Day of week;
iii. Weather;
iv. Severity of subjects offense;
v. The chance of apprehending the subject at a later
date;
vi. Traffic conditions
b. The potential dangers of the pursuit must be carefully and
realistically weighted against the reason for the pursuit.
c. Officer of the Alleghany County Sheriff’s Office shall
utilize all available and practical police tactics, as
authorized by law or departmental regulations to avoid
pursuit of motor vehicles.
d. No officer shall undertake a pursuit when carrying a
civilian in his vehicle. This shall not apply to members of
the Auxiliary Police or a sworn member of another law
enforcement agency. No pursuit shall be undertaken with a
prisoner in a vehicle.
3. Initiating Officer’s Responsibility
a. After the decision to pursue, the officer shall:
i. Activate emergency warning lights and siren
ii. Transmit the following information to the
dispatcher:
a) Police unit radio identifier and in pursuit;
b) All available information on vehicle and
occupants being pursued;
c) Location and direction of travel;
d) Reason for pursuit;
e) Estimated speed of pursuit;
f) Continual position reports.
b. Dispatchers
i. Notify other units of the pursuit.
ii. Order the police radio cleared of all but emergency
traffic.
iii. Notify patrol supervision where pursuit is taking
place and for what reason.
iv. Request assistance from State Police.
v. Direct units to communicate car-to-car when
possible.
vi. Remind primary unit to switch to a specific channel
for the benefit of assisting agencies and surrounding
jurisdictions.
vii. Notify neighboring jurisdiction of a pursuit
approaching their boundaries.
viii.Query DMV, VCIN, and NCIC for license
information and any warrants.
c. During pursuit, a safe distance must be maintained between
vehicles. This will enable to pursuing officer to duplicate
any sudden turn and lessen the possibility of a collision in
the event of a sudden stop or collision involving the
pursued vehicle.
d. Unmarked patrol vehicles house not be used in pursuit
under normal circumstances. In the event that pursuit is
initiated by an unmarked patrol vehicle, that unit shall
remain in pursuit only until a marked patrol vehicle can
take the lead position. After the lead position has been
relinquished, the unmarked patrol vehicle shall follow the
pursuit.
e. An exception to the above guideline may be made in
situations where the initiating cause of the pursuit was a
serious felony offense, and/or the need for additional
manpower at the site of apprehension is indicated. In this
instance, the unmarked patrol vehicle, after relinquishing
the lead to a marked patrol vehicle, would continue with its
pursuit in the safest possible manner to its conclusion.
f. The initiating officer will be responsible for filing an
offense report detailing the events of the pursuit.
g. Officers shall not pursue violators against the flow of
traffic on divided highways. Parallel pursuit may be
allowed after considering the potential risk involved. (If
the suspect’s speed is such that the officer can legally
conduct a parallel pursuit without emergency lights and
siren, the practice is approved.)
4. Secondary Unit’s Responsibilities
a. Except in unusual circumstances no more than two police
vehicles should be directly engaged in any close pursuit. A
Uniform supervisor, in his own discretion, shall have the
authority to assign additional units if necessary.
b. Other than the two units authorized to pursue, additional
units in the general vicinity of the pursuit should be in a
position and remain available to assist if requested by a
supervisor.
BOXING-IN, RAMMING AND ROADBLOCKS

Roadblocks are dangerous and difficult to properly establish. No roadblocks may be


established until a supervisor (or ranking officer on duty) and pursuing officer has been
notified.

Moving roadblocks consist of two or more department cars in front of pursued vehicles to
slow down by allowing no outlet. Moving roadblocks are most effective on limited
access highways.

Ramming will be used only as a last resort after all reasonable means of stopping the
violator has failed, and where officer believes violator has committed, has attempted to
commit, or is attempting to commit a felonious assault, murder, rape or robbery, which
involved the use of deadly force, and there is substantial risk that pursued violator will
cause death or serous physical injury to others if apprehension is delayed.

RAMMING A VEHICLE SHOULD BE CONSIDERED DEADLY FORCE


Ramming a vehicle is not necessarily a hard an uncontrolled hit. This can be
accomplished by lightly tapping a front or rear quarter panel which would cause the
violator to lose control. ONLY in the case of suspected fleeing felons whose escape
poses a danger to life may officers set up a stationary roadblock. The decision to erect a
stationary roadblock shall only be made by the supervisor in charge. If the decision is
made by the supervisor in charge or the shift to erect a stationary roadblock, the Sheriff
and/or the Chief Deputy shall be contacted immediately. The Sheriff and/or Chief
Deputy will evaluate the situation as presented to them and concur or overturn the
supervisors decision. A DECISION TO ERECT A ROADBLOCK IS A DECISION
TO USE DEADLY FORCE. The decision to erect a roadblock must consider:
a. The safety of the officers;
b. The risk of physical injury to the occupants of the pursued vehicle;
c. The protection of citizens and their property.

A roadblock must be clearly visible at a distance sufficient to enable approaching


vehicles to stop safely. The officer in charge of the roadblock shall notify the dispatcher
of its precise location. The department stresses that roadblocks constitute a last resort in
stopping a fleeing violent felon.

FIREARMS:
Firearms shall not be used in an attempt to stop a pursued vehicle. Officers must realize
it is extremely dangerous and ineffective. A car traveling at highs peed with a wounded
or dead violator at the controls would be far more dangerous than the pursuit.
TERMINATION

An officer should terminate when any of the following occurs:

a. Suspect is known to officer and offense is a traffic infraction, misdemeanor, or


non-violent felony.
b. Distance between officer and violator is such that continuing pursuit would
require speeds endangering the officer of the public.
c. Officer loses sight of violator for more than 15 seconds. Officers may continue to
look for suspect, but at reduced speeds.
d. Environmental conditions such as rain and fog, substantially increase the risk.
e. There is a clear and unreasonable hazard to officer, violator or public. The is
unreasonable hazard when speed dangerously exceeds normal flow or traffic or
when vehicular or pedestrian traffic necessitates erratic maneuvering exceeding
performance capacities of vehicle or driver.
f. Danger outweighs necessity for immediately apprehension.
g. A supervisor orders pursuit terminated.
h. Violator goes wrong way down interstate, interstate access ramp or divided
highway.
i. Pursuit vehicle experiences equipment and/or steering failure, or other essential
equipment and there are no back-up units to take up the pursuit.
j. A pursuit beginning within approximately 1 mile of the county line should be
discontinued as soon as license check reveals there is no felony or wanted person
involved. Pursuit will be discontinued as soon as the adjoining jurisdiction has
units in position regardless. A felony suspect may be pursued only after
notification of supervisor and adjoining jurisdiction.
k. Remember that discontinuing the pursuit is not a reflection of an officer’s courage
or ability. In most cases if an apprehension is not made quickly and at a
reasonable speed, the most intelligent action is to discontinue the pursuit. This is
the professional approach and not the egotistical approach.
l. Discontinuing a pursuit does not mean that the officer cannot follow the vehicle at
a safe speed, or remain in the area ready to resume the pursuit if the opportunity
presents and circumstances warrant. Officers, when pursuing, should resist the
temptation to get into the violator’s back seat, figuratively speaking, but instead
simply follow the violator and allow him/her to make the driving mistakes.

NO OFFICERS WILL BE DISCIPLINED FOR DISCONTINUTING A PURSUIT

1. Officers shall review Code Section 46.2-920 regularly concerning civil


liability of officers who pursue recklessly.

Jurisdiction

a. When the fleeing suspect is apprehended in another jurisdiction, the pursuing


officer shall take the arrested person before a judicial officer of that jurisdiction.
The officers shall then go before the magistrate in Alleghany County to obtain a
warrant and ensure that a teletype is sent through VCIN to the apprehending
jurisdiction as soon as possible, acting as a detainer.
b. When the fleeing suspect is apprehended within Alleghany County, the officer
shall take the arrested person before the magistrate serving Alleghany County.
The on-duty supervisor will confer with the other jurisdiction to determine which
jurisdiction will maintain custody of the suspect based upon the seriousness of the
charge and the likelihood of release by a respective magistrate.

Supervisory Role

Supervisors are to take control by monitoring pursuit and ensuring compliance with
pursuit policy. They are to terminate pursuit if apparent danger outweighs necessity of
apprehension.

Patrol Sergeants

Patrol Sergeants will investigate all pursuits and report in writing to the Sheriff.
Disciplinary action will be taken whenever members unreasonably expose themselves, or
public, to unjustifiable risks or fail to comply with directives from his or her supervisor.
ALLEGHANY COUNY SHERIFF’S OFFICE

GENERAL ORDER # 57 EFFECTIVE DATE: 05/01/04

HIGH SPEED PURSUIT

HIGH SPEED PURSUIT

DEFINITION:
A motor vehicle pursuit is an attempt by a law enforcement officer, operating an
emergency vehicle utilizing all emergency equipment, to apprehend the occupant(s) of a
fleeing vehicle that is resisting apprehension by maintaining or increasing his speed,
disobeying traffic laws, ignoring or attempting to elude the officer.

BASIS FOR PURSUIT:


At least reasonable suspicion that an occupant of the vehicle has become reckless in the
operation of the vehicle, is otherwise endangering human life, or has committed a
misdemeanor or felony.

PARTICIPATING UNITS:
Any unit owned by the Alleghany County Sheriff’s Office and operated by a sworn
personnel.

PURSUIT PROCEDURES:
A. In pursuit situations, the initiating officer shall immediately notify the dispatcher
he/she is in pursuit, giving the following information as some as practical:
description of the vehicle and suspects, direction of travel, speed of the vehicle
and the reason for the pursuit. The office shall keep the dispatcher informed of
the situation, especially changes, such as direction of travel, etc.
B. Only the primary pursuit unit and one assisting unit will respond unless the
primary unit feels there is a need for additional units. The assisting unit shall be a
supervisory unit when available.
C. Any assisting pursuit units paralleling a pursuit shall not attempt to pass other
units unless requested to do so by the primary unit.
D. Any unmarked unit involved in a pursuit shall relinquish close pursuit to a marked
unit as soon as possible.
E. All pursuit units shall maintain a safe following distance. Units shall not be used
as a barricade or battering ram, unless such action is used as a last resort to
apprehend a person who is an immediate threat to life. No firearm shall be
discharged by officers actively involved in pursuit while the pursuit is in progress.
F. All pursuits will be discontinued at the county or state line except when the
pursued has been involved in a felony or upon the approval of a supervisor.
G. Intersections are a particular source of danger. Officers, when approaching an
intersection where signal lights or stop signs control the flow of traffic shall:
a. Decelerate and be prepared to apply the brakes.
b. Enter the intersection when safe, when all other vehicles are aware of the
officer’s presence, and at a reduced speed.
c. Resume pursuit speed only when safe. When using emergency lights,
sirens, and headlamps, the officer is requesting the right of way and does
not absolutely have the right to run a red traffic light or stop sign if doing
so constitutes reckless disregard for the safety of others.
H. In case of pursuit, should the violator enter a one-way street against the flow of
traffic, or enter a major highway or interstate freeway by proceeding along an exit
ramp, the pursuing officer shall not follow the violator but instead transmit via
radio detailed observations about the suspect vehicle’s location, speed and
direction of travel. Whenever an officer’s vehicle is damaged in any way or
indicates a malfunction, which might potentially affect performance or handling,
the officer shall abandon the pursuit immediately.

THE PURSUIT STOPS:


A. When the risk of exposing yourself or the public to the hazards of high-speed
pursuit outweighs the importance of continuing the attempt to apprehend a
violator, regardless of the crime committed.
B. When weather, road or other environmental conditions exist that could make the
continuance of a pursuit too hazardous.
C. When positive identity of the suspect can or has been established without
immediate apprehension and continued pursuit is not necessary to eliminate the
immediate threat to life or property.

ROADBLOCKS:
Only in case of suspected fleeing felons whose escape poses a danger to life may officers
set up a roadblock. The decision to erect a roadblock shall only be made by the senior
supervisor on duty. A decision to erect a roadblock may, under most circumstances, be a
decision to use deadly force. The decision to erect a roadblock must consider:
o The safety of officers;
o The risk of physical injury to the occupants of the pursued vehicle;
o The protection of citizens and their property.

A roadblock must be clearly visible at a distance sufficient to enable approaching


vehicles to stop safely. The officer in charge of the roadblock shall notify the dispatcher
of its precise location. The Department stresses that roadblocks constitute a last resort in
stopping a fleeing violent felon and should be used in only the most extreme
circumstances.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 58 EFFECTIVE DATE: 05/01/04

PATROL

I. POLICY
Patrol is the primary activity of law enforcement that includes much more
than driving through neighborhoods looking for evidence of lawbreaking. On
patrol, officers engage in a wide variety of activities including enforcement of
traffic and criminal laws, answering complaints, conducting investigations,
community relation activities, transporting prisoners, and preventing crime.
The department expects officers to conduct patrol vigorously to prevent crime,
improve community relations, and detect and apprehend offenders.

II. PURPOSE
To define and outline procedures for handling commonly encountered patrol
problems.

III. DEFINITIONS
Patrol can be defined in terms of its component activities:
A. Crime prevention activities;
B. Response to called-for services;
C. Investigation of crime, offenses, incidents and conditions, including
arresting offenders;
D. Traffic direction and control;
E. Regulation of certain business or activities as required by law;
F. Maintenance of public order;
G. Provisions of emergency services;
H. Development of relationships between citizens and the department;
I. Reporting of information to appropriate entities.

IV. PROCEDURES – GENERAL


A. Patrol coverage
1. The department operates 24 hours a day, seven days per week to
provide citizens with law enforcement services. The department
will provide, generally, the same services at all hours of the day
or night in relation to answering calls for services, emergencies,
preventive patrol, or traffic enforcement.
B. Patrol activities
1. Response to some calls may require several officers to deal
effectively and safely with the problem. Situations requiring the
response of at least two officers include:
a. Potential or actual assault on an officer.
b. Possibility of or actual on-scene arrest for a felony or
violent misdemeanor.
c. Potential or actual resistance to arrest.
d. Possibility of or actual use of force.
e. Crime in progress.
f. Fleeing suspect.
2. Dispatchers will ensure the dispatch of two officers to calls listed
previously, when available. An officer finding the circumstances
listed previously will request back-up assistance. Two officers
assigned to such a call will coordinate their simultaneous arrival,
where possible.
C. Incidents requiring presence of a supervisor – The shift supervisor and the
sheriff, shall be notified and will assume command of the following
incidents:
1. Serious injury to an officer
a. Accident involving a department vehicle.
b. Major crimes to include murder, bank robbery, jail break,
or a heinous crime or assault where death may occur.
c. Barricade/hostage situations.
d. Disasters, catastrophes, or severe weather producing
emergency conditions.
e. Serious complaint or incident involving an officer.
f. Serious accident, injury or incident involving personnel or
property.
g. Any other incident where a supervisor is requested.
D. Hazards – A wide variety of hazardous situations such as bad
road/weather conditions, unsafe structures, and potentially dangerous calls
for service will normally be identified by patrol officers or announced by
local media. Information about any of these hazardous or potentially
hazardous situations should be reported, shared among officers and other
agencies that ought to know, and passed on to subsequent shifts.
E. Special notifications.
1. Emergency/Next-of-kin messages
a. Subject to the availability of personnel, emergency
messages of any legitimate type, as defined by the person
receiving the message, may be delivered. Officers shall
deliver any message pertaining to a death, serious injury, or
serious illness.
b. Notifying next-of-kin where there is a death, serious injury
or serious illness can place the officer in a delicate and
uncomfortable situation. The following procedures should
be used whenever possible and practical:
i. Notification should be made as promptly as
possible.
ii. The presence of a minister or relative/close friend
(if known) should be obtained whenever possible
before notification.
iii. If notification has to be made alone, the officer
should offer assistance to the next-of-kin in
contacting a relative, close friend or minister.
iv. Officers delivering emergency notification should
tell the citizens the source of information.
c. When requested by another agency to make notification of
next-of-kin, the dispatcher or officer should obtain
whatever pertinent information about the situations is
available in order to assist the relative receiving the
message.
F. Highway maintenance/public utilities – At any time when one of the
below hazards exist, the officer shall request the dispatcher to notify the
proper agency. Hazards may be grouped into two categories.
1. Hazards requiring immediate notification of the proper agency:
a. Essential traffic light in need of repair.
b. Large holes in the road.
c. Electrical power lines down.
d. Large debris, etc.
e. Breaks in water, gas or other utility mains.
f. Snow/ice on road.
g. Fire hazards needed immediate attention.
2. Hazards requiring notification at beginning of the next business
day:
a. Nonessential traffic lights in need of repair.
b. Small (non hazardous) holes in the road.
c. Street lights in need of repair.
d. Telephone/video cables down but not creating hazard.
e. Dead animals in the road.
f. Potential fire hazards not requiring immediate attention.
g. Excessive growth of weeds, grass, etc.
3. Some hazardous situations may demand immediate notification
of local radio stations in order to request immediate public
service announcements. Normally, the sheriff shall contact local
media for this purpose.

V. PROCEDURES – CONDUCT WHILE ON PATROL


A. Officers will acquaint themselves with traffic hazards, geography of their
territory, and particularly the location of highways. Officers should also
ascertain the names and addresses of habitual criminals and law violations,
first aid stations, hospitals, ambulances, magistrates, sheriffs, General
District and Circuit Court Judges, Commonwealth’s Attorneys, medical
examiners, public and private social service agencies, and any other public
or private officials that would be helpful in the administration of their
duties.
B. Officers will employ the utmost care to protect themselves when stopping
violators for infractions of law. Consideration must also be given the
stopping for vehicles from a safety standpoint, during inclement weather,
on hills or curves, in dense traffic or in any instance where life and
property may be endangered.
C. When an officer observes a violation of the law, he will either (1) warn,
(2) arrest, or (3) issue a summons to the violator to appear before the court
having jurisdiction.
1. Any controversy incident to the warning, arrest, or summons will
be avoided; the member will merely inform the offender:
a. The nature of the offense.
b. Why the offense was detrimental to the safety of the public,
if this is appropriate.
c. The specific charge if a charge is made.
d. The procedure the violator will follow in order to bring the
matter to a conclusion.
D. Without exception, male officers transporting females shall notify the
dispatcher that they are transporting a female prisoner. The report should
include the point of origin, vehicle odometer reading, and the destination.
Upon arriving at the destination, the member will notify the dispatcher of
arrival and odometer reading. The communications operator will log the
information and record the time of each notification. The same procedure
applies to a female officer and a male prisoner.
E. Officers shall provide general and emergency assistance to motorists in
accordance with their training and qualifications. This includes providing
information and directions, assisting stranded or disabled motorists, and
obtaining medical and other emergency assistance. Officers will ensure
that the requested service is provided in a timely fashion. If, after
arranging for assistance, the officer is unable to remain with the motorists
until help arrives, he/she will take the necessary steps to provide safety to
the motorists or arrange for transportation. However, this does not
preclude transporting the motorists to a place of safety when a need arises.

VI. PROCEDURES – SPECIFIC PATROL PROBLEMS


A. Hospital response – Officers may respond to calls for assistance from
hospitals, or they may take prisoners to medical facilities for treatment or
they may interview hospitalized subjects. Officers must understand that
they are not required to give up their firearms upon request by hospital
personnel.
1. Metal patients
a. In the absence of a court order for mental commission, or
criminal charges of any nature, officers responding to any
medical facilities requesting their assistance in detaining a
mental patient must not initiate such action. The
responsibility for detaining such a patient rests with the
officer responding to the medical facility will provide
assistance should the situation escalate to a confrontation
where the safety of the staff or preservation or peace
becomes a law enforcement problem.
b. When a court order for mental commission is present, the
officers must take whatever action is necessary to enforce
the court order.
2. Handcuffed prisoners – Unless necessary to remove handcuffs in
order for a prisoner to receive medical treatment, the handcuffs
or restraints shall remain.
3. Interviews or patients/employees
a. Officer(s) entering a hospital for the purpose of
interviewing a patient in the emergency room shall notify
hospital personnel on duty of their presence and identity of
the party to be interviewed.
b. Officer(s) entering a hospital for the purpose of
interviewing a patient in the patient’s room or ward shall
notify hospital personnel on duty at the nurses’ station
responsible for the care of that patient of their presence and
the identity of the party to be interviewed.
c. Officer(s) who must interview an employee of a hospital
should make every effort to conduct the interview away
from the hospital unless the purpose of the interview is in
conjunction with the person’s employment.
B. Preliminary death investigations
1. After arriving at the scene and until convinced to the contrary, all
officers should consider D.O.A. call as possible homicide, and
should be aware that a homicide may be “staged” to appear as a
death by natural causes.
2. Responsibilities of the first officer on scene – If the death
appears to be from other than natural causes, the officer should
direct attention to the following functions in the order that his or
her discretion dictates after an evaluation of the situation.
a. Assuring the safety of persons to prevent further injury or
death.
b. A preliminary determination that the subject is actually
deceased.
c. Preservation of the scene and possible evidence.
d. Radio call for officer or rescue assistance.
e. Gathering of witnesses.
f. Requesting the presence of a supervisor.
3. All deaths must be pronounced by a physician, which may
happen at the scene, at a hospital, or any other place designated
by the medical examiner in medical examiner cases. The officer
shall include in his or her report the time or pronouncement, the
name of the physician, and where the body is to be taken.
4. Medical examiner’s case – if the circumstances of death fall into
any of the following categories, or if there is any doubt as to its
inclusion in one of these classifications, it should automatically
be considered a medical examiner’s case:
a. By violence; that is, accident, suicide or homicide.
b. Suddenly, when in apparent good health.
c. When unattended by a physician.
d. When in jail or custody.
e. By unusual, suspicious, or unnatural means.
f. When the body is to be cremated.
g. Fetal deaths.
5. Non-medical examiner’s case – For the purpose of this
procedure, a non-medical examiner’s case shall be defined as:
a. A death resulting directly from a disease or illness which
has been diagnosed and is actively being treated or attended
to by a private physician, and;
b. The death is not within the classification of a medical
examiner’s case, as defined above.
6. When medical examiner is not immediately available:
a. If authority for removal or the body cannot be ascertained
from the medical examiner within a reasonable period of
time, a police supervisor, acting as an agent for the medical
examiner, may contact the nearest funeral home within, the
county, and have the body transported to that funeral home
pending response from the medical examiner. Family
preference as to funeral director may be considered if
transportation can be expeditiously handled. If neither the
attending physician nor the medical examiner can be
contacted within a reasonable period of time, the body may
be removed.
b. The assistance of the rescue squad may be requested in
emergency situations requiring the immediate removal of a
body.
C. Residential security checks – The department will honor requests from
citizens to conduct security checks of their homes when the owners are on
vacation. Officers shall advise citizens that occasional security checks
cannot guarantee that their property will be safe from vandalism or
burglary.
D. Shoplifting arrests
1. Virginia Code Sections 18.2-105.1, 19.2-81, and 19.2-74 concern
detention of shoplifters, arrests without warrants, and issuance of
summons in lieu of warrant. Officers shall consult these statutes
for guidance.
2. Special police officers who work as store security may issue a
misdemeanor summonses for offenses in which apprehension is
made within the scope of their employment. The special police
officer must also complete an incident report. The special police
officer must then present the incident report (including the retail
cost of the item stolen) and any property, if necessary, to any
police officers. In the event of a felony arrest, juvenile detention,
or arrest for a misdemeanor, a police officer shall take charge
and complete the paperwork.
a. Special police officers and their powers are discussed under
Code Section 15.1-144.
b. When a sworn special police officer has decided not to
release a misdemeanor on a summons, his decision should
not be overruled by the officer without adequate
justification.
3. Procedure for processing adult shoplifters arrested by store
security personnel who are not special police officers:
a. The assigned unit shall respond to the scene, being
constantly aware that a detained shoplifter may be a
physical threat to all concerned.
b. The officer should discuss the offense with the merchant,
agent, or security guard to determine if an offense has
actually occurred and if the merchant has established
probable cause for the apprehension. Before these
determinations, the officer does not have the right to
conduct a body search or for evidence of the offense but he
may upon reasonable fear for his safety, conduct a pat
down search of the subject’s outer clothing for weapons.
Any object thought to be a weapon and later found to be
other evidence is admissible as the offense.
c. The knowledge of the merchant, agent, or security guard
concerning the offense must be first-hand.
i. Felony. If the offense is a felony, handle as a
physical arrest according to the provisions of G.O.
49, 3-7.
ii. Misdemeanor. If the offense is a misdemeanor, the
officer may issue a summons unless the shoplifter:
a) Refuses to give written promise to appear.
b) Appears likely to disregard the summons.
c) Is reasonably believed likely to cause
harm to himself, or another person.
4. Handling juveniles – The officer should verity the age of the
offender. If the offender contents that he is a juvenile, and a
verification cannot immediately be made, he must be treated as
such until a determination to the contrary is made. The
ascertainment of an offender’s age and identification should be
through whatever means are available to the officer at the time,
but caution should be taken to assure that a juvenile is not
processed as an adult offender.
a. Felony. If the offense is a felony:
i. Obtain all available information necessary for
prosecution.
ii. Transport the juvenile to the sheriff’s office.
iii. Contact an intake officer.
iv. Proceed as instructed by the intake officer:
a) As to the release and/or detention of the
juvenile.
b) Notification of a parent or guardian.
v. Prepare the necessary juvenile petitions and
accompanying reports.
b. Misdemeanor
i. Every effort should be make to contact a parent
from the store. A parent, if reached, may be
requested to respond to the store for release of the
juvenile.
ii. If a parent responds, or if the officer is assured of
proper identification, the officer may release the
juvenile at the scene after advising the parent or
juvenile that a juvenile petition will be sought.
Factors to be considered in this action are the same
as those for the release of an adult on a
misdemeanor summons.
5. Evidence – Special Considerations: Section 19.2-270.1, Code of
Virginia, allows for the introduction of a photograph of
shoplifted property as competent evidence. Officers should
acquaint themselves with the particulars of this section and apply
it when practical.
E. Funeral Traffic Control
1. Purpose: The purpose of this order is to provide traffic control
for area funeral homes and citizens, within the jurisdiction of the
Alleghany County Sheriff’s Office.
2. Funeral Home Responsibility: It will be the responsibility of the
funeral home to contact the Alleghany Sheriff’s Office when
there is a need for traffic control for a funeral procession within
the jurisdiction of the Alleghany Sheriff’s Office. It will also be
the responsibility of the funeral home to contact other agencies
when the funeral procession passes through another jurisdiction.
3. Dispatch Responsibilities: The dispatcher on duty will receive
the proper information needed from the funeral home.
a. Beginning point of the funeral or where the sheriff’s office
will be needed.
b. Location the funeral procession is going and size of the
procession.
c. Route the funeral procession will follow and times.
This information will be given to the Sergeant or shift supervisor
in charge of the shift.
4. Sgt./Shift Supervisor Responsibility: The Sgt./Shift Supervisor
in charge of the shift will coordinate the funeral procession
traffic control needed. He will make contact with other
personnel needed to provide the necessary traffic control for the
funeral procession. He will assign necessary personnel to the
locations and times they are needed. If the necessary personnel
needed to handle the funeral procession are not available, the
Shift Supervisor will assign the personnel available to the
positions the Shift Supervisor deems most necessary. The Shift
Supervisor will contact the funeral home to inform them of the
intersections not covered.
5. Sheriff’s Office Responsibilities: It will be the responsibility of
this office to provide the necessary personnel to handle the traffic
control for funeral processions. Personnel will present
themselves in a professional manner. The hat will be part of the
uniform when working traffic for funeral processions. Personnel
will arrive on time and remain at their assigned position until the
funeral procession has passed their assigned locations.
6. At no time will a deputy lead a funeral procession. This rule is
for liability issues only.
F. Residential and Vehicle Lock-Outs
1. Persons requesting assistance in gaining access to a vehicle or
residence from which they are locked out shall be assisted by the
sheriff’s office provided officers are available and not on other
urgent matters.
2. When called to a lock-out, the deputy shall:
a. Determine if an emergency exists; and,
b. Request proper identification form the requesting party and
make reasonable inquiry to determine the requesting party
has a right to gain entry (except in life threatening
situations or emergencies where immediate action is
necessary); and,
c. Advise the requesting party that the sheriff’s office is not
responsible for any damage incurred by the assisting deputy
and have the requesting party sign a form as such; and,
d. Call for assistance, when necessary, from the fire
department or other appropriate agency; and,
e. Avoid forcible entry if possible and appropriate to the
emergency.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 59 EFFECTIVE DATE: 05/01/04

TRAFFIC CONTROL TECHNIQUE

I. PURPOSE
The purpose of this directive is to establish guidelines for use of basic traffic
patrol procedures and strategies to assist in the traffic enforcement of the
Uniform Division.

II. POLICY
It shall be the policy of the Uniform Division to implement patrol techniques
and strategies designed to effectively enforce traffic laws and regulations.

III. PROCEDURES
A. Responsibility and Functions
1. As the traffic component of the Alleghany County Sheriff’s Office,
officer of the Uniform Division have primary responsibility for
enforcing traffic laws and regulations.
2. This traffic enforcement responsibility is carried out primarily
through the following patrol-related functions:
a. Motor vehicle accident investigation as needed to assist the
State Police.
b. Apprehension of violators observed during patrol.
c. Traffic control as required under certain emergency conditions.
d. Enforcement actions tailored to high accident or high incident
scenes.
e. Radar operations, during both directed and non-directed
patrols.
f. Other related functions, as required or assigned.
B. Conducting of Visible Traffic Patrol
1. Visible traffic patrol, either mobile or stationary, will be
conducted by the officer at his discretion, taking into account
staffing needs.
2. Officers will normally select areas for concentration patrol based
on knowledge of his assigned areas to include:
a. Areas statistically high in motor vehicle accidents.
b. Areas where citizens complaints have been received
regarding violations.
c. Road hazards or potentially dangerous conditions at certain
locations;
d. Other pertinent factors.
3. Field Supervisor may address traffic problems in specific areas
(as determined through complaints received, analysis of traffic
data, or other means) by directing:
a. Increased visible traffic patrol; and/or
b. Establishment of stationary traffic monitoring posts.
4. Route visible patrol:
a. Officers shall operate patrol vehicles in accordance with
existing laws and Alleghany County Sheriff’s Office
directives.
b. Officers should always drive patrol vehicles in such a manner
as to demonstrate exemplary driving behavior.
c. Visible patrol by officers may take any of the following
forms:
i. Area patrol – Involving mobile and stationary
enforcement, at the officer’s discretion, within the
bounds of an assigned district.
ii. Line patrol – Involving mobile enforcement
concentrated along a particular section of roadway.
iii. Directed patrol – Involving mobile or stationary
enforcement especially targeted towards:
a) A present location of limited size;
b) Violations of predetermined type(s)
specific to that area.
5. Fixed location observation and enforcement
a. Stationary observation posts may be used as a means to
combat chronic traffic enforcement problems at specific
locations.
b. In those areas where a stationary observation post is
necessary officers should park their vehicles:
i. In a conspicuous location; or,
ii. In such a manner that vehicle traffic flow is not
impeded.
C. Unmarked Vehicles and Covert Patrol
1. Unmarked police vehicles may be used for traffic enforcement
purposes only with the approval of a shift supervisor.
2. All unmarked police vehicles used for traffic enforcement will be
equipped with both emergency lights and siren.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 60 EFFECTIVE DATE: 06/01/17

TRAFFIC LAW ENFORCEMENT

I. POLICY
Traffic law enforcement involves all activities or operations, which relate to
observing, detecting, and preventing traffic law violations and taking
appropriate action under the circumstances. Enforcement not only involves
arrests and citations, but also includes warnings to drivers and pedestrians,
which help prevent them from committing minor violations. Traffic
enforcement may react to observed violations, at accidents, or in response to
community concerns, or may be proactive to prevent traffic violations.
However, overzealous enforcement without considering whether the violator
is familiar with the legal requirements or without regard for the circumstances
surrounding the violations causes disrespect for the law and poor relations
between the department and the community. The emphasis of an officer’s
traffic enforcement is placed on violations that contribute to accidents and that
prevent hazards to vehicular and pedestrian traffic.

II. PURPOSE
The purpose of this general order is to prescribe procedures for traffic law
enforcement, preventive patrol, proactive enforcement, and relationships with
motorists, pedestrians, and courts.

III. PROCEDURES – GENERAL


A. Types of Enforcement Actions:
1. Warnings – Officers may issue warnings to a violator whenever a
minor traffic infraction is committed in areas where traffic
accidents are minimal, or when the act may be due to ignorance
of a local ordinance which may be a unique violation or a
violation which the driver may not be aware. A properly
administered warning can be more effective than any other type
of enforcement
2. Virginia Uniform Summons (VUS) – A VUS should be issued to
a violator who jeopardizes the safe and efficient flow of
vehicular and pedestrian traffic, including hazardous moving
violations or operating unsafe and improperly equipped vehicles.
3. Physical arrest – Officers will make a physical arrest, in
compliance with the Virginia Code in the following
circumstances:
a. Violations of traffic laws pertaining to driving under the
influence of alcohol or other intoxicants.
b. Whenever a felony has been committed involving a
vehicle.
c. When the operator refuses to sign the promise to appear on
the traffic summons.
d. Whenever the operator is licensed by a nonreciprocal state.
e. When the officer has reason to believe that the person will
not comply with the summons, if issued.
B. Handling special categories of violators
1. Nonresidents – Officers should consider use of warnings for
nonresidents who commit minor, non-hazardous violations. If
appropriate, given the type of violations, officers may arrest
nonresidents by issuance of a summons, provided the violator’s
home state is a reciprocal one. If the nonresident desires to post
a cash bond or collateral with a magistrate, he may do so. If
nonresidents are from a nonreciprocal state, they must be taken
directly to a magistrate.
2. Juveniles – Juvenile traffic offenders are prosecuted in juvenile
and domestic relations court and that should be noted on the
summons. Officers issuing a traffic summons to a juvenile
offender should advise them as to their mandatory court
appearance and that a parent or guardian must accompany them
when they appear before the court.
3. Foreign/diplomats/families/servants, and other consular officials
a. Diplomatic immunity is granted by the United States
government under provisions of the Vienna Convention on
Diplomatic Relations. Generally, these provisions apply to
two classes of immunity:
i. Diplomats and members of their immediate families
enjoy full immunity,
ii. Employees of diplomatic missions and with respect
to acts performed in the course of their official
duties.
b. The burden is on the diplomat to claim immunity and show
valid credentials.
4. The lieutenant governor and members of the Legislature, under
Title 30-6, Code of Virginia:
a. During the session of the General Assembly and for five
days before and after the session, the lieutenant governor, a
member of the General Assembly, or the clerk thereof, and
their assistants, shall be privileged from custodial arrest
except for treason, a felony, or a breach of the peace.
Officers may issue traffic summonses for a moving offense
or for a DUI physical offense.
5. Military personnel- Military personnel who are first passing
through the county may be treated as nonresidents or, if from this
area, as residents.
6. Members of Congress
a. Members of Congress may not be detained for the issuance
of a summons while they are in transit to or from the
Congress of the United States.
b. If a member of Congress is stopped for a traffic infraction,
he shall, upon presentation of valid credentials, be
immediately released. The officer may then obtain a
summons for the member of Congress covering the
observed violation and make arrangements to serve the
summons at a time when the member of Congress is not in
transit to or from Congress, or on official business.
C. Information regarding traffic summons – The Virginia Uniform Summons
will be completed whenever a motorist is to be charged with a motor
vehicle violation. Officers shall advise drivers of the following
information:
1. Court appearance schedule.
2. Whether court appearance by the motorist is mandatory.
3. Whether the motorist may be allowed to prepay the fine before
court and enter a guilty plea.
4. Any other information necessary before release of the motorist
provided on the Virginia Prepayable Offenses Information Sheet.

IV. UNFORM ENFORCEMENT POLICIES FOR TRAFFIC LAW


VIOLATIONS
The following guidelines for routine traffic law enforcement are provided to
assist officers in deciding whether or not a traffic summons shall be issued:
A. Speed violations – Shall be a clearly demonstrated speed in court. May
depend on location of violation (congested area, school zone, etc.)
B. Other hazardous violations – Consider degree of hazard, place, previous
accident history location, current directed patrol emphasis.
C. Equipment violations – With only annual inspections now required of
vehicles, consider issuance of summons for any essential equipment
defects.
D. Public carrier/commercial vehicle violations – Consider congestion, lack
of parking, and carrier needs for delivery access. Repetitive violators
should be citied.
E. Other non-hazardous violations – Consider warning unless repetitive or
flagrant.
F. Multiple violations – May cite all if deemed necessary, but normally pick
the most serious violations and warn on all others.
G. Newly enacted laws and/or regulations – Normally, a grace period is
established during which only warnings will be given. Thereafter, officer
should use discretion. Officers may allow a reasonable period of time,
normally:
1. One month before issuance a summons for a:
a. Violation of a newly enacted traffic law.
b. Speeding violations in an area in which the speed limit has
been reduced.

V. TRAFFIC LAW ENFORCEMENT PRACTICES GENERAL


A. Normal traffic enforcement involves patrol by officers who observe and
handle traffic violations during the performance of their normal duties.
1. Area patrol involves traffic enforcement within the officer’s
assigned area of responsibility.
2. Line patrol involves traffic enforcement with concentration on a
particular section of roadway.
3. Directed patrol instructions can specify enforcement in an area,
on a line patrol, or at a specific location, depending on the nature
of the hazard violation.
4. Stationary observation, either covert or overt, may be used as a
technique to make observations about the flow of traffic at a
particular location. Officers are encouraged, when completing
reports or doing other activities which will keep them out of
service fore a short while, to park their patrol vehicles in a
conspicuous location where the mere presence of the vehicle will
serve to remind the other drivers of the need for compliance with
traffic laws.
B. Objectives of traffic stops – There are two major objectives of a traffic
stop. The attainment of these two objectives depends upon the officer’s
ability to evaluate the violator’s mental and physical condition, the facts
concerning the violation. This requires a thorough understanding of
human relations and demands flexibility on the part of the officer.
Enforcement procedures should minimize conflict which may develop
between the officer and the violator and assist in achieving the two major
objectives, which are:
1. To take proper and appropriate enforcement action.
2. To favorably alter the violator’s future driving behavior.
C. Traffic violator/officer relations
1. Followed in all traffic stops:
a. Be alert at all times for the unexpected.
b. Be absolutely certain the observations of the traffic
violations were accurate.
c. Present a professional image in dress, grooming, language,
bearing, and emotional stability.
d. Be prepared for the contact by having the necessary
equipment and forms, if they are to be used, immediately
available.
e. Decide on the appropriate enforcement action based upon
the violator’s driving behavior, not attitude. In most cases,
decide on the formal enforcement action before contacting
the violator. Exceptions include stopping an out-of-state
drier committing a violation that would not be a violation in
his jurisdiction, such as right turn on red light. The officer
may then decide to issue a warning rather than a citation.
2. Before making a vehicle stop:
a. Maintain a reasonable distance between the vehicle and
your unit.
b. Locate a safe spot to stop the vehicle.
c. Activate the emergency equipment, when necessary, siren
to signal the vehicle to stop.
d. Advise the dispatcher of the intention to stop the particular
vehicle, giving:
i. Location of the stop.
ii. Vehicle’s license tag number and/or other
description when necessary.
e. Officer should position his vehicle approximately one-half
to one car length behind the violator’s vehicle. The vehicle
shall be positioned so that it will offer some protection
from oncoming traffic. This position shall be two feet
outside and to the left of the violator’s vehicle. This
position provides maximum safety to the violator, the
officer, and all other traffic.
3. When stopping a vehicle in which the occupant(s) is deemed to
present a hazard to the officer’s safety, in addition to the above:
a. Request a backup unit and calculate the stop so that the
backup unit is in the immediate area before the actual stop.
b. Train the unit’s auxiliary lights (spotlight and alley lights)
on the occupant(s) of the vehicle when applicable.
c. When necessary use the unit’s public address system to
give the occupant(s) of the vehicle instructions.
4. Hazards
a. On multi-lane roadways, the officer should insure the
safety of the violator during the lane changes by gradually
changing from lane to lane with the violator until the right
side of the roadway is reached.
b. Should the violator stop abruptly in the wrong lane or in
another undesirable location, the officer shall direct him to
move to a safer location. Officers shall use the public
address system to instruct violators to move to a safer
location. If the officer’s oral directions and gestures are
misunderstood, the officer shall quickly leave the vehicle
and instruct the violator.
5. Approaching the Violator – The following steps in stopping and
approaching a traffic violator are intended to provide maximum
safety for the officer, the violator, and other users of the
roadway. Varying conditions regarding the engineering of the
particular traffic way, the urgency to stop the violator (drinking
driver), and the existing volume of traffic may require adjusting
or altering the recommended procedure. Under ideal conditions,
follow these procedures if possible:
a. The officer shall leave the patrol vehicle and be
continuously alert for any suspicious movement or actions
on the part of the violator or other occupants in the
violator’s vehicle.
b. The officer shall approach from the rear of the violator’s
car, looking into its rear seat and stop behind the trailing
edge of the left front door. This position shall be
maintained if there are only occupants in the front seat of
the vehicle. From this position, the officer can
communicate with the violator, keeping him in a slightly
awkward position and at the same time keep all occupants
of the vehicle in view.
c. In cases where the violator’s car has occupants in both the
front and rear seats, the officer should approach to the
leading edge of the left front door, alert for any unusual
actions on the part of the occupants and choosing a path so
the door cannot be used as a weapon against the officer.
From this position, the officer can communicate with the
violator and keep all occupants in view.
d. In traffic stops made by two-man patrol vehicles, the
passenger officer shall handle all radio communications,
write all notes and messages relayed from the
communications center, and during the traffic stop shall
eave the vehicle and act as an observer and cover for his
fellow officer. At no time shall the two officers approach
the violators together.
e. At night, officers shall exercise caution in selecting an
appropriate place for the traffic stop, signaling the violator
(the spot light should not be used except in what officers
perceive as dangerous situations), and positioning the patrol
vehicle. After the stop, the headlights shall be on low bean
for the safety of oncoming traffic, and emergency bar lights
and emergency flashers in use on the patrol vehicle (as well
as during the day).
6. Communicating with the violator – In transacting his business
with the violator, the officer shall:
a. Greet the violator courteously with an appropriate title:
b. Inform the violator what traffic law he has violated and the
intended enforcement action; the violator should not be
kept in suspense.
c. Ask for the violator’s driver’s license and vehicle
registration, and accept only these forms. If the driver
offers money, the officer shall refuse the money and advise
the driver of the illegality of the offer.
d. If the driver has no driver’s license, obtain another
document of identification.
e. Allow the driver to discuss the violation. Do not argue,
berate, belittle, or otherwise orally abuse the violator.
f. Complete the forms required for the enforcement action
taken or exercise an oral warning, if appropriate.
g. Explain to the violator exactly what he is supposed to do in
response to the action taken and how this action will affect
him.
h. If the enforcement action requires a court appearance, make
sure the violator knows where and when to appear. Explain
any alternatives to the violator, but do not predict the
actions of the court.
i. Be alert to any emotional stress exhibited by the driver. If
stress is present, the instructions may have to be repeated or
the violator may need to calm down before resuming
driving.
7. Conducting the transaction.
a. Return the violator’s driver’s license, registration.
b. Release the defendant after he:
i. Signs the summons, and,
ii. Receives a copy of the summons.
c. Assist the violator in safely re-entering the traffic flow. Do
not follow the violator.
D. Stopping a known or suspected felon – Special procedures shall be used in
vehicle stops when the occupants are known to be armed and dangerous.
When a vehicle driven by a known or suspected felon is located by an
officer, he will notify the dispatcher immediately of his location and give a
thorough description of the vehicle and its occupants. The officer will
keep the suspects in view and request sufficient assistance in making the
stop. The officer will keep support units informed of the location and
direction of travel to aid their approach with minimal use of emergency
equipment. The suspect vehicle will not be stopped unless absolutely
necessary until adequate support is available and in position.
Circumstances may, however, dictate a one-officer felony vehicle stop.
The following procedures will be used in effected the stop:
1. The officer will plan to stop the suspect vehicle in a location
which presents minimal danger to other citizens.
2. When conditions are appropriate and support units are available,
the officer will move into position to the rear of the suspect
vehicle.
3. The officer will signal the violator to stop, using all emergency
equipment to warn other traffic.
4. The violator will be stopped on the extreme right side of the
road.
5. If the violator is known to be armed and dangerous, the officer
will have his weapon easily accessible and ready for immediate
use.
6. When the suspect vehicle begins to stop, the officer will turn off
the siren and turn on the public address system.
7. The officer will park the patrol vehicle so that it provides
maximum protection and cover.
8. At night, the officer shall focus all lights on the exterior of the
suspect vehicle.
9. The officer will leave the patrol vehicle quickly but remain
behind the door and accessible to the public address system
microphone.
10. The officer making the stop is in command and will direct each
occupant, using the public address system, to get out of the
vehicle and into the appropriate search position. First, once
suspects are stopped, the officer shall order the driver to shut off
the motor and drop the keys on the ground outside his door.
Next, the officer shall order occupants to place their hands,
palms up, on the ceiling of the vehicle. Officers shall then order
occupants to exit the vehicle on the driver’s side only, one at a
time. Occupants will then be ordered to lie face down on the
ground.
11. If the public address system is not available, the officer will give
voice commands if they can be heard; if this fails, the officer will
cautiously approach the vehicle, keeping all occupants in view,
to a point where he can be heard.
12. To reduce confusion, the officer will instruct support officers, as
appropriate, and will be the only officer to direct the suspects.
13. The support officers will cover the arresting officer and remain
on the curb side of the vehicle until all occupants are in the
search position.
14. Officers will exercise extreme caution not to get within each
other’s line of fire.
15. When all occupants have been removed from the vehicle, the
support officers shall move to cover the arresting officer while
the persons are searched.
16. Arrestees will be searched and handcuffed before transportation.
E. Persons charged with revoked/suspended operator’s license:
1. The Virginia Uniform Summons (VUS) may be issued when an
officer has stopped a vehicle and identified the driver as driving
with a revoked or suspended operator’s license, Virginia Code
46.2-301.
2. An officer who sees a person driving who is know to be under
suspension or revocation may swear out a warrant if not able to
stop the violator.
F. Speed enforcement – Excessive speed is the second greatest cause of death
and injury on the American highway. An officer shall uniformly enforce
speed laws within the County of Alleghany. Procedures for the
enforcement of laws applying to speed will vary in accordance with the
type of equipment used.
1. Pacing – The officer shall follow the vehicle being paced at a
constant interval for a distance adequate, normally two or more
tenths of a mile, to obtain a speedometer reading. Speedometers
must be calibrated at least every six months and calibration filed
with the Clerks of the District and Juvenile Courts.
2. Radar – Radar shall not be used for “filler” or “slack” officer
time, but shall be applied where vehicle speed is a hazard to
other motorist or pedestrians. The following guidelines govern
the use of radar, which will always be operated in compliance
with manufacturer’s instructions. All departmental radar units
will meet current NHTSA standards.
a. The radar unit must be properly installed in the vehicle and
connected to the appropriate power supply.
b. Operators must thoroughly understand the effective range
of the radar unit so observations can support the speed
meter readings.
c. The operator must choose an appropriate location in
accordance with the directions of his commanding officer
relative to traffic accident experience in which speed has
been identified as a contributing cause. The location must
also be conducive to the effective and safe operation of
radar.
d. The radar unit shall be properly calibrated to insure
accuracy in checking speed. The operator must follow the
manufacturer’s recommended specific methods of checking
calibration without exception. Any problems with the
operation of radar unit or apparent malfunction shall be
promptly reported to the uniform division commander.
e. In court, officers, must establish the following elements of
radar speed:
i. The time, place, and location of the vehicle, the
identity of the operator, the speed of the vehicle,
and the visual and radar check speed.
ii. Officer qualifications and training and use of radar.
iii. Proper operation of radar unit.
iv. The unit was tested for accuracy before use and
after use by an approved method.
v. Identification of the vehicle.
vi. Speed limit in the zone in which officer was
operating and where the signs were posted.
f. The sheriff or his designee is responsible for the proper
care and upkeep, maintenance, and calibration of radar
units, maintenance or records, and that appropriate
certificates are filed with the Clerks of District and Juvenile
Courts.

VI. DUI ENFORCEMENT PROCEDURES


A. General - Various courts have interpreted driving under the influence to
mean that the ability to operate a motor vehicle is reduced or impaired by
the consumption of alcoholic beverages or other drugs. It does not imply
that the operator of a motor vehicle be in a state of alcoholic or drug-
induced stupor or be entirely incapable of exercising physical control of
his vehicle. Driving under the influence of intoxicants is an offense
generally associated with leisure-time activity. Consequently, most arrests
are made during the evening hours or in the early morning hours after
taverns close or social gatherings end. Although the intoxicated driver
may be observed any day of the week, weekends and holidays reflect an
increase of offenses and arrests.
B. Laws – It is unlawful for ay person to drive or operate any motor vehicle,
engine, or train while under the influence of alcohol, or while under the
influence of any narcotic drug or any self-administered intoxicant or drug
of any nature. The term motor vehicle shall include pedal bicycles with
helper motors (Mopeds), while operated on public highways or this State
(Virginia Code Section 18.2-266 and 18.2-266 [j]).
C. Responsibilities – Each officer will be alert for suspended DUI offenders,
both on patrol and in selective enforcement areas. He/She will use
standardized roadside sobriety tests. In addition, the Alco-Sensor will be
offered to each suspected driver.
D. Breathalyzer
1. The security, care, and maintenance of the breathalyzer of all
physical evidence obtained from a DUI is every officer’s
responsibility.
2. The regulations of the Virginia State Division of Consolidated
Laboratory Services State, “The breath test device must be stored
in a clean, dry location which is only accessible to an authorized
licensee for the purpose of actually administering a breath test,
preventative maintenance check, or other official uses.”
3. The term licensee shall mean a person holding a valid license
from the Virginia State Division of Consolidated Laboratory
Services pursuant to Section 18.2-268 of the Code of Virginia.
4. The breathalyzer is located in the jail.
E. Sobriety tests
1. Officers shall administer a minimum of three field sobriety tests.
The list names the most commonly administered tests.
a. Walk and turn.
b. One leg stand.
c. Finger to nose.
d. Horizontal gaze.
e. ABC test
Officers may employ additional tests, but they must be
performed in the same order and manner every time.
2. If the operator shows signs of intoxication on the roadside test,
an Alco-Sensor will be requested and offered to the operator
(State Code 18.2-267). The operator may refuse the Alco-Sensor
test, and must be advised of his/her right to refuse.
3. At the officer’s discretion or if the operator fails the Alco-Sensor
test, he/she will be arrested for driving under the influence and
taken before the magistrate.
4. If an officer suspects that the vehicle operator was driving under
the influence of both alcohol and drugs, or drugs alone, he may
require the operator to have a blood test performed in addition to
testing for alcohol. Blood samples will be analyzed by the
Division of Consolidated Laboratories for evidence of alcohol
and for various illegal, prescription, and over-the-counter drugs.
5. The officer will make a full written report of the circumstances
of the DUI arrest, formation of probable cause, and witnesses’
observations.
F. Arrest – The arresting officer shall:
1. Advise the arrestee of implied consent only if they refuse to
submit to a blood/breath sample that any person, whether or not
licensed by Virginia, who operates a motor vehicle in this sate
gives implied consent to have a sample of his blood or breath
taken for a chemical test to determine to alcoholic content of his
blood or for the presence of drugs if such person is arrested for
violations of Section 18.2-266 within two (3) hours of the alleged
offense. If they still refuse the deputy shall attempt to secure a
search warrant for the suspect’s blood.
2. Advise the arrestee of his Constitutional Rights under the
Miranda rule.
a. Miranda is not required before the driver takes the sobriety
test, or otherwise before questioning.
3. Advise the arrestee that he will have a breath sample taken, when
available. If not available, the blood will be used for a DUI
arrest of if the officer suspects the presence of drugs. It is not a
matter of defense that either test is not available.
4. If the arrestee refuses the available test, advise him that
unreasonable refusal of the test constitutes grounds for the
revocation of the privilege of operating a motor vehicle in
Virginia, and that a separate charge will be placed which will
have to answer to in General District Court.
5. If he still refuses, the arrestee will be further advised of the
implied Consent Statute and penalties by the magistrate. If the
arrestee refuses to sign a declaration of refusal (DGS-24-013),
which shall be presented to the arrestee at this point, then the
magistrate may sign the form certifying the refusal.
G. Blood test procedure
1. Take the arrested person to a physician, registered professional
nurse, graduate laboratory technician or other technical
designated by order of the Circuit Court acting upon
recommendation of a licensed physician, who will withdraw
blood for the purpose of determining its alcoholic content and
drugs.
2. The arresting officer will also witness the doctor or technician
taking the blood sample and ensure that an alcohol solvent is not
used to cleanse the withdrawn location. The officer will initial
the vial labels (on two vials) before the doctor or technician seals
the vials in their containers. The initial will be placed on the
label where it will not interfere with the date written by the
doctor or technician who took the blood sample.
a. The medical person taking the sample will place the name
of the accused on the label of each vial with the date and
time the blood was taken.
b. The arresting officer will take possession of the two vials
after they are sealed in the container designed to hold them.
The officer shall mail the container to the Virginia State
Division of Consolidated Laboratory Services.
H. Breath analysis
1. Chemical analysis of a person’s breath will be performed by
anyone possession of a valid license, issued by the Virginia State
Division of Consolidated Laboratory Services. This may include
the arresting officer or anyone participating in the arrest. IN the
event the breathalyzer machine is inoperable or a licensed
operator is not available, this test is deemed unavailable.
2. The type of equipment and the methods used to perform breath
analysis will be in accordance with the regulations of the
Virginia State Division of Consolidated Laboratory Services.
3. The testing officer will issue a Certificate of Breath Alcohol
analysis (DGS-24-015) which will indicate that the test was
conducted in accordance with the manufacturers specifications,
the equipment on which the test was conducted has been tested in
the last six (6) months and was found to be accurate, then name
of the accused, the date, the time the sample was taken from the
accused, the alcohol content of the sample, and by whom the
sample was examined.
4. The certificate of breath alcohol analysis (DGS-24-015) is a three
copy form. The forms will be handled as follows:
a. The white copy, or the original, will be presented in court
by the arresting officer.
b. The second or green copy will be given to the arrested
person.
c. The third or yellow copy is for department use and is to be
forwarded to the uniform division commander for filing for
a period of one (1) year, after which it may be destroyed.
I. Accident Investigation – Officers shall also undertake:
1. Identification of a witness who saw the suspect operating the
motor vehicle.
2. Questioning the witness as to the suspect’s condition, actions,
and statements immediately after the accident.
3. Establishing a time lapse from the time of the accident to the
time of arrest.
4. Questioning the witnesses and the suspect as to what, if anything,
the suspect ingested between the time of the accident and the
officer’s arrival.

VII. SPECIAL TRAFFIC PROBLEMS


A. Identification and referral for driver recommended for re-examination to
the Division of Motor Vehicles. During traffic law enforcement activities,
officers frequently encounter person whom they suspect of being
incompetent, physically or mentally disabled, or having other conditions
that might prevent the person from exercising reasonable and ordinary
care over a motor vehicle. In all such cases, in addition to whatever
enforcement he may take, the officer will notify the Virginia Division of
Motor Vehicles of these findings or suspicions, giving the violator’s full
name, date of birth, operator license number, and a brief description of the
disability noted. Form Driver Deficiency Report may be used for this
purpose.
B. Pedestrian and bicycle safety
1. The Chief Deputy will review the traffic accident records at least
annually to determine what enforcement actions are needed to
provide a proactive pedestrian/bicycle safety enforcement
program and recommend to officers enforcement measures
including steps to:
a. Reduce or eliminate human or environmental factors
leading to accidents.
b. Reduce or eliminate the behavior, decisions and events that
lead to the accidents.
C. Off-road vehicles (including dirt bikes, snowmobiles and mopeds):
1. Accidents involving off-road vehicles that do not occur on a
public highway do not require a traffic accident report. If the
responding officer finds it convenient, he may complete an
accident report and attach it to the offense report.
2. Any officer observing an unlicensed off-road vehicle on the
highways that cannot be legally operated on the public highways
shall order it removed, and take appropriate enforcement actions.
3. Officers shall enforce compliance with vehicle registration laws
as they pertain to off-road vehicles.
4. Officers shall enforce laws, rules, and regulations concerning the
operations of off-road vehicles on public-owned trails, parks or
property.
5. Officers shall enforce traffic way crossing rules and regulations.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 61 EFFECTIVE DATE: 06/01/17

ALLEGHANY COUNTY SHERIFF’S OFFICE ROAD CHECK


DETAIL POLICY

1. All checking details must be approved by the sheriff, chief deputy or shift
supervisor of the Alleghany Sheriff’s Office. This approval must be obtained
prior to holding the road checking detail. Road checking details can also be
assigned by the sheriff, chief deputy or shift sergeant.

2. Road checking details can only be held at one of the approved sites.

3. When a request is made and granted or an assignment is made, the Sheriff, Chief
Deputy or shift supervisor will designate one deputy to be in charge of the road
checking detail.

4. When getting approval to hold a road checking detail, the deputy in charge must
list to location, site number, date, starting time, ending time on his report.

5. All vehicles passing through the road checking detail must be checked. In the
event that traffic would back up to the point of causing a hazard, the deputy in
charge of the detail may stop the road checking detail until it is safe to continue.

6. The deputy in charge of the road checking detail must complete all forms that
pertain to that road checking detail and return the forms to the sheriff or chief
deputy.

7. A log will be kept in the Alleghany County Sheriff’s Office of all road checking
details held by the Alleghany Sheriff’s Office.
CHECKING DETAIL SITES – ALLEGHANY COUNTY

Site# Location Day/Night


1. A-1 RT. 311, .5 MILE SOUTH OF RT. 159 D/N
2. A-2 RT. 159, 3 MILES SOUTH OF EXIT 10 D
3. A-3 RT. 159, 2 MILES NORTH OF HEMITITE GROCERY D/N
4. A-4 RT. 60, AT EXIT 10 D/N
5. A-5 RT. 60, .2 MILE EAST OF RT. 600 D/N
6. A-6 RT. 60, AT BOYS HOME ENTRANCE D/N
7. A-7 RT. 220, AT DRY RUN N
8. A-8 RT. 18, UNDER I-64 OVERPASS D/N
9. A-9 RT. 687, AT CLEARVIEW D/N
10. A-10 RT. 687 & 641 D
11. A-11 RT. 18, RAYON DAM D/N
12. A-12 RT. 18, .2 MILE SOUTH OF RT. 614 D/N
13. A-13 RT. 1104, 1.2 MILES EAST OF EXIT 16 D/N
14. A-14 RT. 220, 1 MILE SOUTH OF CLIFTON FORGE D
15. A-15 RT. 220, AT EXIT 24 D/N
16. A-16 RT. 606, .5 MILE NORTH OF CLIFTON FORGE D/N
17. A-17 RT. 696, AT THE LANDFILL D/N
18. A-18 RT. 670, .5 MILE EAST OF RT. 60 D/N
19. A-19 EXIT 29 RAMP TO I-64 WESTBOUND D/N
20. A-20 RT. 42, 1 MILE NORTH OF RT. 635 D/N
21. A-21 RT. 269, 2.4 MILES WEST OF EXIT 35 D/N
22. A-22 RT. 629, AT WHISPERING PINES CAMP GROUND D/N
23. A-23 EXIT 24 ON RAMP TO I-64 WESTBOUND D/N
24 A-24 EXIT 27 ON RAMP TO I-64 WESTBOUND D/N
25. A-25 INTERSECTION OF MORRIS HILL RD. & COLES D/N
MOUNTAIN ROAD
26. A-26 COLES MT. ROAD BETWEEN ENTRANCE AND D/N
EXIT TO CAMPING AREA
27. A-27 COLES MT. ROAD AT #1 PICNIC SHELTER D/N
(THIS IS FOREST SERVICE RD. W/ PUBLIC ACCESS)
28. A-28 MIDLAND TRAIL AT INTERSECTION OF INDIAN D/N
DRAFT
29. A-29 MIDLAND TR. .10mi EAST OF ROGERS HOLLOW RD D/N
30. A-30 JACKSON RIVER RD. .10mi SOUTH OF FALLLING D/N
SPRINGS GARDEN
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 62 EFFECTIVE DATE: 01/01/2012

TIRE DEFLATION DEVICE DEPLOYMENT

I. POLICY
The Alleghany County Sheriff’s Department places the highest value on
the sanctity of human life. Therefore, deputies are authorized and trained
in the use and deployment of tire deflation devices utilized to safely end
pursuits and protect the public, the suspect and others involved. Tire
deflation devices, if properly utilized, have less potential in causing
serious bodily injury or death then other tactics involved in a pursuit.

II. PURPOSE
The purpose of this general order is to establish guidelines for the safe and
appropriate deployment of tire deflation device by trained sworn personnel
of the Alleghany County Sheriff’s Office.

III. PROCEDURE
A. The use of the tire deflation device will be governed by sound judgment
and the procedures outlined in the following policy. In determining the
utilization of the tire deflation device to be appropriate, the sworn deputy
must consider the following factors:
a. The seriousness of the violator’s offense and the its impact on
community safety;
b. The time, day, and location of the pursuit;
c. Weather and road conditions;
d. The presence of vehicular or pedestrian traffic;
e. Familiarity with the road or area;
f. Capability of pursuit and pursued vehicles;
g. The speeds of the pursuit;
h. Evasive techniques employed by the violator to avoid arrest; and
i. Other available means of apprehension, such as obtaining a
warrant if the suspect has been identified.

If a State or other law enforcement agency, within our


jurisdiction, request assistance in the deployment of the tire
deflation devices pursuant to this policy and the decision is
necessary

B. Circumstances permitting, backup units will normally attempt to establish


at least one location where visible presence of a law enforcement officer,
or officers, is clearly visible to the fleeing suspect. This shall be done in an
effort to make the suspect fully aware of law enforcements command to
stop and their attempts to apprehend the suspect. Should the suspect fail
to comply by not stopping or if the pursuing officer or supervisor has
reason to believe that the continued movement of the fleeing vehicle
constitutes imminent danger of serious bodily injury or death to himself
and or others, then the backup unit may utilized approved tire deflation
devices in order to bring the suspect vehicle to a stop.
C. Before utilizing the tire deflation devices, sworn deputies will have
completed training on the use of said devices.
D. All of the following criteria must be met prior to the deployment of the tire
deflation device:
a. That there is reasonable cause to believe that the suspect has
committed an offense justifying the arrest of the suspect;
b. The deputy, or other law enforcement officer, attempting to
apprehend the suspect has given notice of command to stop the
suspect by means of both lights and siren; and
c. The suspect ignores the efforts and warnings obvious and visible
to a reasonable person in the suspect’s position.
E. All deputies, sworn law enforcement, involved in deploying the tire
deflation devices must consider the most effective and available location
for placement of the deflation devices.
a. Deployment location should have reasonably good sight
distances to enable the person deploying the device to observe
the pursuit and other traffic as it approaches;
b. Deployment should not occur:
a. In curves;
b. On bridges; or
c. Locations where reasonable judgment under the
circumstances would dictate otherwise.
c. The deputies deploying the tire deflation device should choose a
location with natural barriers such as roadway overpasses,
guardrails or shrubbery. These barriers will conceal the law
enforcement officer from the suspect’s view and allow
deployment of the device in a relative position of safety.
d. Traffic, construction zones, special events, and/or activities may
create situations where the use of the device would be
inappropriate.
e. Position and vulnerability of the public, private property, and
other assisting law enforcement units and equipment need to be
considered during deployment.
F. The tire deflation device should not be deployed to stop the following
vehicles unless continued movement of the suspect’s vehicle would result
in an increased hazard to others:
a. Any vehicle transporting hazard materials.
b. Any passenger bus transporting passengers.
c. Any school bus transporting students.
d. Any vehicle that would pose an unusual hazard to innocent
parties.
e. Any two wheeled vehicles, unless deadly force is justifiable.
G. The pursuing units will coordinate with the law enforcement officer (s)
deploying the tire deflation device in order to ensure the safe and effective
use of the device.
a. When the decision is made to deploy the device, pursuing units
will notify the law enforcement officers, deputies, deploying the
device as far in advance as possible of the necessity of their use.
b. The deputy, law enforcement officer, deploying the device shall
be in position at a predetermined location in sufficient time for
proper deployment. All pursuing units should be notified when
the device is in place.
c. The devices will be deployed with the manufacturer’s
recommendations and training guidelines. Do not engage in
physical contact with the rope or device while they are being run
over.
d. After deploying the tire deflation device, everyone at the scene
should immediately seek protection.
e. The deputy (s), law enforcement officer, deploying the device
is/are responsible for securing the device immediately after its
use. This would include searching the immediate area where the
device was deployed and collecting any spikes or points which
may have become detached. The device should be properly
maintained and stored after use.
H. The use of the tire deflation device constitutes a use of force. The deputy
deploying the device must complete the Tire Deflation Device Report for
the sheriff’s office. The report must be turned in within 24 hours of the
deployment, if not sooner.
Alleghany County Sheriff’s Office
Tire Deflation Device Report

Date: _____/_____/_____ Time: _____________ Location: _______________

Employee Deploying Device: ________________________, Rank: _____ Badge: _____

Suspect and Vehicle Information

Operator: _______________________________________ Sex: M ______ F ______


Last First Middle

DOB: ____/____/____ SSN#: ______-____-______ License# ____________ State: ____

Address: ________________________________________________________________
Street City/Town State Zip

Vehicle: ________________________________________________________________
Year Make Model License # License Year State

Owner: _________________________________ Telephone#: _____-______-_________


Last First Middle

Address: ________________________________________________________________
Street City/Town State Zip

Insured By: ________________________________ Policy #: _____________________

Damage: __________________________________ Amount$: ____________________

Towing Service: ____________________________ Amount$: ____________________

Passengers:

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip
Offense(s)
Initial Offense:
____ Traffic Offense VA Code Section: __________________________
____ Criminal Offense Type of Offense: ___________________________
____ Misdemeanor Additional Charges Placed: ___________________
____ Felony _________________________________________

Incident characteristics when device was deployed:


Roadway Type: Speed Limit: _________
_____ Interstate
_____ Highway
_____ Residential
_____ Commercial

Deployment

Requested By:
_____ State Police
Employee’s Name: __________________
Employee’s Code: __________________

______ Local Law Enforcement


Agency Name: _____________________
Officer’s Name: ____________________
Officer’s Badge #: __________________

Other Law Enforcement Agencies:


Agency Name: _____________________
Officer’s Name: ____________________

Criteria met prior to deployment:

There is reasonable cause to believe the suspect has committed an offense justifying the
arrest of the suspect. ____ Yes ____ No

The law enforcement officer attempting to apprehend the subject has given notice of
command to stop the suspect by means of both lights and siren. ____ Yes ____ No

The suspect ignores the efforts and warnings obvious and visible to a reasonable person
in the suspect’s position. ____ Yes ____ No

Was the device successfully in the apprehension of the suspect? ____ Yes ____ No
Did the usage of the device contribute to the crashing of the:
Suspect vehicle? ____ Yes ____ No
Other vehicles? ____ Yes ____ No

Witnesses

Name: ________________________________________ Telephone: ____- ____- _____

Address: ________________________________________________________________
Street City/Town State Zip

Name: ________________________________________ Telephone: ____- ____- _____

Address: ________________________________________________________________
Street City/Town State Zip

Name: ________________________________________ Telephone: ____- ____- _____

Address: ________________________________________________________________
Street City/Town State Zip

Name: ________________________________________ Telephone: ____- ____- _____

Address: ________________________________________________________________
Street City/Town State Zip

Name: ________________________________________ Telephone: ____- ____- _____

Address: ________________________________________________________________
Street City/Town State Zip

Name: ________________________________________ Telephone: ____- ____- _____

Address: ________________________________________________________________
Street City/Town State Zip

Name: ________________________________________ Telephone: ____- ____- _____

Address: ________________________________________________________________
Street City/Town State Zip
Other Vehicles Affected

Operator #1: _______________________________________ Sex: M ___ F ___


Last First Middle

DOB: ____/____/____ SSN#: ______-____-______ License# ____________ State: ____

Address: ________________________________________________________________
Street City/Town State Zip

Vehicle: ________________________________________________________________
Year Make Model License # License Year State

Owner: _________________________________ Telephone#: _____-______-_________


Last First Middle

Address: ________________________________________________________________
Street City/Town State Zip

Insured By: ________________________________ Policy #: _____________________

Damage: __________________________________ Amount$: ____________________

Towing Service: ____________________________ Amount$: ____________________

Passengers:

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip
Operator #2: _______________________________________ Sex: M ___ F ___
Last First Middle

DOB: ____/____/____ SSN#: ______-____-______ License# ____________ State: ____

Address: ________________________________________________________________
Street City/Town State Zip

Vehicle: ________________________________________________________________
Year Make Model License # License Year State

Owner: _________________________________ Telephone#: _____-______-_________


Last First Middle

Address: ________________________________________________________________
Street City/Town State Zip

Insured By: ________________________________ Policy #: _____________________

Damage: __________________________________ Amount$: ____________________

Towing Service: ____________________________ Amount$: ____________________

Passengers:

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip

_______________________________________________________________________
Last First Middle DOB Street City/Town State Zip
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 68 EFFECTIVE DATE: 01/01/12

PROPERTY/EVIDENCE CONTROL

A. POLICY
It is the policy of this department that all evidence and property recovered
or turned into this agency be properly packaged, handled, recorded, stored,
and accounted for.

II. PURPOSE
The purpose of this order is to establish a lawful system for the safe and
efficient storage and retrieval of evidence or other valuable items that
enter the custody of this department.
All personnel shall maintain strict accountability for all property held as
property and evidence.
In no way shall these polices and procedures be interpreted to supersede
any federal or state statute. These policies and procedures are intended to
comply with existing laws.

III. PROCEDURES
A. Officer responsibilities
1. The recovering officer will be responsible to properly package
and label all items collected or recovered as property or
evidence, to prevent any tampering, contamination, or
destruction of same.
2. Upon return to the sheriff’s office, the recovering officer shall
immediately list and describe all items recovered.
3. All property and evidence and all related property and evidence
forms (except those articles which may be sent to the lab) must
be delivered immediately to the property lockers at the Sheriffs
Office.
4. Reporting officers should, when possible, check all property
against NCIC or VCIN records.
5. For property that may be lawfully released to the owner, the
recovering officer shall immediately attempt to notify the
owner (by telephone or letter) the department is holding their
property and make arrangement to return the property to the
rightful owner.
B. The officer who finds the property, completes the necessary paperwork,
and deposits the property in the evidence locker is responsible for
amending the property form each time the property is removed, analyzed
or otherwise dealt with. The original recovering officer is further
responsible for the property and all relevant paperwork until the property
leaves the departmental custody permanently.
C. Temporary release of property and evidence
1. Officers are responsible for checking out needed evidentiary
materials for investigative cases, laboratory analysis, or
testimony purposes.
2. When receiving evidentiary materials from locker, officers
shall sign out property.
3. When returning property or evidence, officers shall sign in the
items as appropriate. Further, the officer shall ascertain from
the prosecutor when contraband may be destroyed, and upon
approval, arrange for destruction or other disposal as soon as
possible.
D. Weapons
1. All weapons coming into custody of this department will be
immediately inspected to ensure their safe storage. It is
imperative that all firearms be unloaded before placing in the
locker.
2. All firearms coming into the custody of the department will be
checked by the recovering officer against NCIC/VCIN stolen
files.
E. Drugs and narcotics
1. In the case of drug property or evidence, the recovering officer
should obtain a gross weight (content and package) for
quantitative and quality control.
2. All drug evidence will be processed to the lab for examination
in a timely manner.
3. Each time narcotics property is removed, the package or
container should be inspected for tampering and weighed.
4. Seizures in excess of 10 pounds of controlled substances or
marijuana are addressed in Virginia Code Section 18.2-253.1.
This section set forth disposal procedures for large amounts of
controlled substances.
F. Alcohol
1. All property and evidence consisting of alcoholic beverages
and their containers must be sealed so that there is no chance of
leaking while in the department’s custody.
2. It is the Commonwealth Attorney’s opinion and advice that
alcoholic beverages seized should not all be considered
contraband.
a. Contraband alcoholic beverages would be those seized
from those persons that are under age, where the persons’
possession of alcoholic beverages in itself is illegal (refer
to Article 4, Sections 53, 55, 62).
b. Alcoholic beverages seized or recovered which are not
contraband or used for evidence should be returned to
owner.
G. Photographs
1. Upon completion of court proceedings, the photos shou7ld be
returned to the appropriate case files. (Photos should be
identified on reverse side, including name of person taking
picture, date, time and location.)
ALLEGHANY COUNTY SHERIFF'S OFFICE

GENERAL ORDER #66 EFFECTIVE DATE: 10/01/2014

MISSING PERSONS

I. POLICY

People are reported missing for many reasons: some people leave home
voluntarily for personal reasons; some missing persons reports are unfounded;
and some people may disappear for unexplained reasons but under suspicious
circumstances. The role of the responding officer, however, is critical in
identifying the circumstances surrounding missing persons and in identifying
persons at risk. Each officer shall conduct thorough investigations of missing
persons, with particular care in instances involving missing children and those
who through mental or physical impairment cannot care for themselves. Each
officer, therefore, shall prepare necessary reports and request appropriate
VCIN/NCIC entries. Each dispatcher shall ensure that the missing/wanted
entry contains accurate and complete information and shall avoid unnecessary
delays.

II. PURPOSE

To establish guidelines which describe the investigation of missing persons and


making appropriate entries into VCIN and NCIC.

III. PROCEDURES

A. General:

1. No waiting period exists before taking a missing-persons report. Further, the


initial report may be taken in person or by telephone.

2. A person is considered missing when his or her whereabouts is unknown


and knowledgeable persons regard the disappearance as unusual or
uncharacteristic.

3. The missing-person report may be deemed critical if the officer taking the
report has reason to suspect

a. foul play or suspicious circumstances; or

b. the missing person may be unable to safeguard or look out for him- or herself,
regardless of age; or

c. a risk of suicide; or
d. a risk of accident (while boating or swimming, for example); or

e. the missing person is a mental patient who may endanger him- or herself or
others; or

f. the missing person suffers from a physical or mental incapacity that may be
life threatening if not under care.

4. A report of a missing juvenile should not be assumed to be a runaway unless


investigation yields this finding.

B. Preliminary investigation:

The officer or other report taker shall gather the following information for every
missing-persons report:

1. Name, age, physical description of missing person.

2. Relationship of reporting party to the missing person.

3. Time and place of the missing person's last known location and the identity of
anyone in the missing person's company.

4. Behavior of the missing person, including whether the person has rendered
themselves missing before, and relevant habits or patterns.

5. Recent history of problems or trauma such as illness, domestic violence,


substance abuse, history of mental illness, use of prescription drugs.

6. Extent of any search for the missing person.

7. Indications of missing money or belongings.

C. Follow-up investigation:

Following the preliminary missing-person report, the supervisor may direct a search,
if necessary. A follow-up inquiry includes the following steps as deemed necessary.

1. If the missing person is a child, with a parent's permission and under their
supervision, search the child's home, as appropriate.

2. Obtain fingerprints and dental records if available.

3. Contact the medical examiner's office and local hospitals for injured or
deceased persons meeting the description of the missing person.

4. Conduct interviews with persons who were in the area where the missing
person was last seen, or who may work in or frequent the area.
5. Determine if the missing person has access to and utilizes the Internet chat
rooms or e-mail, and record all pager, cellular or voice mail numbers that might aid in
locating the missing person.

6. Conduct interviews with co-workers, family, friends, schoolmates, teachers,


counselors, social case workers, or others to help determine the basis for the
disappearance.

7. Contact local domestic violence shelters if applicable.

8. If abduction of a child by a stranger is suspected, contact the FBI.

9. Following receipt of the initial missing-person report, the dispatcher shall


verify whether any of the following criteria is met. If so, information on the
missing person shall be entered into VCIN/NCIC. These criteria apply to persons
of any age.

a. The missing person has a proven physical or mental disability and


may subject him- or herself or others to danger.

b. The missing person is in the company of another under


circumstances that indicate danger.

c. The missing person may have disappeared involuntarily under


circumstances that suggest abduction or kidnapping.

d. The missing person is a non-emancipated juvenile.

e. The person has been missing subsequent to a disaster.

D. Case closure:

1. If a competent adult missing person is located, officers shall advise


the person that he or she was the subject of a missing-person investigation and

a. ascertain if the person wishes his or her family or the reporting


party notified of his or her whereabouts; and

b. arrange to notify the reporting party or family member, if permitted.

2. Officers shall inform the reporting party of the well-being of the person who
had been reported missing. Unless the law compels another course of action, the
department shall comply with the located person's wishes not to make his or her
whereabouts known.

3. Before closing a missing-person case, officers shall question the located


person to establish the circumstances and to ensure that no criminality was
involved.

4. Reports:
A missing-person report is retained indefinitely until the complainant cancels or clears
the record or until the missing person has been located.

IV. CHILDREN

A. Preliminary:

1. If the missing person is a child, in addition to the questions outlined above,


the officer or report taker must ascertain if the child

a. may be with an adult who might harm him or her;

b. may have been abducted by a parent;

c. has previously run away, threatened to do so, or has had inexplicable


absences; or

d. may be living under abusive or dysfunctional conditions.

2. A. search for the child shall examine the local neighborhood with
special reference to friends' houses, libraries, banks, local stores, or parks.

B. Schools:

1. Ascertain the name and location of the school the child


attends and identifying information on anyone who may be responsible for private
transportation to and from the school.

2. With the permission of school authorities and in their


presence, search the child's locker. In the event that school property cannot be
searched without a search warrant, request of the school officials that they
follow their own procedures in searching school property. Consult the
Commonwealth's Attorney for guidance and advice on securing a search warrant to
search school or other property if necessary.

C. Case closure:

1. When a missing child has been located, officers shall ensure that medical care
is provided immediately, as appropriate.

2. Question the child about the circumstances of his or her disappearance


and identify any persons who may be criminally responsible or whether an
abusive or negligent home environment contributed to the child's
disappearance.

D. Documentation requirements:

1. The report taker shall complete the Virginia Missing Children Information
Clearinghouse Report, Form SP183, on any child reported missing, even if the child is
confirmed as a run-away.

2. Before entry into NCICNCIN, all pertinent reporting forms should be signed
by the reporting person unless the person missing is a juvenile or is an adult
missing under suspicious circumstances in which case the entry shall be
made immediately upon receiving the information and arrangements made
for the reporting person to sign the forms post entry.
Alleghany County Sheriff's Office
268 West Main Street
Covington, Virginia 24426
Phone (540) 965-1770
FAX (540) 965-1794

MISSING/ENDANGERED CHILD
INITIAL ASSESSMENT

NAME:

DATE OF BIRTH: AGE:

SOCIAL SECURITY NO:__________________HEIGHT:___________WEIGHT:__________

CLOTHING
DESCRIPTION:

HEALTH PROBLEMS:

CIRCUMSTANCES AT TIME OF
DISAPPEARANCE:

CUSTODY OF
CHILD:

FAMILY IN
AREA:

WHAT HAS BEEN DONE


TO LOCATE CHILD:

COMPLAINANTS NAME/RELATION
TO VICTIM:

ADDRESS/PHONE:_________________________________________________________________

COMPLAINANTS DISPOSITION:

FRANTIC_____________ CONCERNED______________ NO EMOTION___________

__________VERIFY DISAPPEARANCE, SEARCH, IMMEDIATE AREA

WITNESSES TO INCIDENT/ADDRESS (SEPARATE PRIOR TO INTERVIEW)

EXACT PLACE VICTIM WAS LAST SEEN (SECURE UNTIL PROCESSED)

WAS AREA WITHIN CHILD'S COMFORT ZONE? IF NOT, WHY WAS CHILD
THERE?

VICTIMOLOGY

COMPLETE DETAILED DESCRIPTION (BIRTHMARKS, BROKEN TEETH, ETC.)


DETAILED DESCRIPTION OF PERSONAL BELONGINGS
(BACKPACKS, BRAND NAMES, SIZES, JEWELRY, ETC.)

OBTAIN CURRENT PHOTOGRAPH

OBTAIN MEDICAL/DENTAL RECORDS AND ANY PRESCRIPTIONS

ENSURE ABOVE INFORMATION IS ENTERED INTO NCIC

IDENTIFY AND INTERVIEW ALL IMMEDIATE AND EXTENDED


FAMILY MEMBERS WHO RESIDE IN THE RESIDENCE AND
IMMEDIATE AREA.

RECORD NAMES AND ADDRESSES ALONG WITH PERTINENT INFORMATION:


DETERMINE THE RELATIONSHIP WITH THE IMMEDIATE
FAMILY (HOSTILE, LOVING, CLOSE, RECENT PROBLEMS, ETC.)

IDENTIFY ANY CRIMINAL HISTORY/PSYCHIATRIC HISTORY


OF ALL FAMILY MEMBERS.
DETERMINE FINANCIAL STATUS, INCLUDING ANY LARGE OR
RECENT DEBTS AND INSURANCE POLICIES ON THE VICTIM.

IDENTIFY AND INTERVIEW ANY CARETAKER/BABYSITTER

DETERMINE IF CHILD PROTECTIVE SERVICES HAVE BEEN


INVOLVED WITH THE FAMILY.

CUSTODY DISPUTES?

DETERMINE PARENTS/GUARDIANS EMPLOYMENT AND INTERVIEW


EMPLOYERS/COWORKERS AS TO RECENT
BEHAVIOR OF PARENTS.

DETERMINE
LEVEL OF
PARENTAL
SUPERVISION
PROVIDED
TO THE VICTIM.

IDE
NTI
FY
"ST
RES
SOR
S"
WIT
HIN
THE
FA
MIL
Y
(DE
AT
HS,
EM
PLO
YM
ENT
PRO
BLE
MS,
ETC
:
NEIGHB
ORHOO
D
INVEST
IGATIO
N
CHECK EACH
LOCATION THE CHILD
IS KNOWN TO HAVE
BEEN.

__CHECK ANY
LOCATION MAY HAVE
BEEN SEEN OR
VISITED.

__CLEARLY DEFINE
THE PARAMETERS
THUS AVOIDING
CONFUSION.

__DEDICATE L. E. TO
THE TASK THROUGH
ITS CONCLUSION.

ASSIGN ONE PERSON


TO OVERSEE THE
CANVASS.

ESTABLISH A
STANDARDIZED
SET OF QUESTIONS
FOR CANVASS
TEAMS TO USE.
THIS WILL ENSURE
COMPLETENESS
AND UNIFORMITY
OF INFORMATION
AND FACILITATE
IN ESTABLISHING
A DATA BASE TO
TRACK ALL
INFORMATION.
HAVE TEAMS DOCUMENT ALL PERSONS CONTACTED TO INCLUDE
ADDRESSES AND PHONE NUMBERS, WHETHER THEY OBSERVED
ANYTHING OR NOT. ALSO, IF ANYONE WAS ARRIVING/LEAVING
THE RESIDENCE DURING THE TIME FRAME.

HAVE TEAMS DOCUMENT ALL ADDRESSES WHERE NO CONTACT


WAS MADE.

HAVE TEAMS INTERVIEW EACH OCCUPANT OF RESIDENCE


SEPARATELY, IF POSSIBLE.

HAVE TEAMS ATTEMPT TO RE-CONTACT ADDRESSES WHERE NO


CONTACT WAS MADE. INQUIRE AS TO THEIR WHEREABOUTS AND
VERIFY.

DETERMINE THE DYNAMICS OF THE NEIGHBORHOOD, RECENT


CRIMINAL ACTIVITY, SUSPICIOUS PERSONS, ETC.

DEVELOP THE IDENTITIES OF CURRENT AND RECENTLY


RELOCATED NEIGHBORS.

SEARCH TEAMS

ASSIGN TEAM LEADERS

NAMES:

BRIEF AS TO WHAT TYPE SEARCH IS NEEDED.

RECORD NAMES OF ALL PARTICIPANTS.


WAIT UNTIL K-9 HAVE COMPLETED THEIR SEARCH BEFORE
SENDING OUT SEARCH TEAMS.

LOG AND DOCUMENT PROGRESS OF SEARCH AND ANY


RECOVERED EVIDENCE.
SP-183 (Rev. 05-01-2005)
VIRGINIA MISSING CHILDREN INFORMATION CLEARINGHOUSE REPORT
INVESTIGATING OFFICER Date/Time Reported To Law Enforcement:
Date Entered VCIN/NCIC:
VIC No.:
PART 1
*Agency Submitting Report: ORI No.:
Augusta County Sheriffs Office VA00800
*Last Name: First Name: Middle Name: 0
Suffix: *Sex: Race:

*Place of Birth: *Date of Birth: Date of Emancipation if under 18 yoa":


*Height: *Weight *Eye Color: D Black 0 Blue *Hair Color:
· Maroon D Green • Brown III Black • Blond 0 White 0 Sandy
Ft. In. Lbs. . Gray M Hazel M Unknown III Brown III Gray El Red 0
· Multicolor 0 Pink
Complexion: M Fair/Light 0 Black M Medium Scars, Marks, Tattoos, Piercings and Other Characteristics:
0 Albino • Dark • Olive
NI Ruddy • Sallow • Yellow
III Lt. Brown 0 Med. Brown • Dark Brown
Fingerprint Classification: Social Security Number:
Operator's License Number: O.L. State: Date of Expiration: DNA: Ill Yes 111 No
Location of DNA
*Date of Last Contact: *Originating Agency Case Number:

*Fingerprints Available: U Yes 0 No *Photo Available: • Yes M No *Dental Records: II Yes M No


Location of the Fingerprints: Photo Received: III Yes M No Location of the Dental Records:
Photo sent to the State Police: III Yes • No
Blood Type: Circumcision: Footprint Available: Body X-Rays Available:
· C UN •U · Yes 0No · Full III Partial • No
Location of the Footprints: Location of the X-Rays:
*Medication Required: • Yes • No *Name of School Last Attended: *Code Number of School Last Attended:
Medication Type: Code No.:
County/City Code of Birth: Mother's Maiden Name (if POB is VA):
(Mandatory if POB is VA) Last: First: Middle:

*Telephone # of investigating agency (accessible 24 hours) : *Authority for Release: IN Yes M No


Area Code ( ) - (Part IV)
Last Seen in Company of: NAME(S): Sex: Race:
(1)
(2)
*Name of Child's Parents or Legal Guardian: Name:
Address/City/State/Zip: Phone:
MISCELLANEOUS DATA: (Information which may assist in identification: child's nickname, associates, direction of travel, hairstyle, clothing, etc.)

VEHICLE INFORMATION.
License Plate Number: State: Year of Exp. : Lic. Type: VIN:

Vehicle Year: Make: Model- Style: Color:

Corrective Vision Prescription:


Jewelry Type and Description:

*MANDATORY DATA ELEMENTS "Date of Emancipation is individual's eighteenth birth date.


NOT NEEDED FOR CHILD 18 OR OLDER
SP-67 (Rev. 4-1-2003)

VIRGINIA MISSING PERSON INFORMATION CLEARINGHOUSE REPORT

INVESTIGATING OFFICER DATE REPORTED:


DATE ENTERED VCIN/NCIC:
VIC NO:
PART I
*Agency Submitting Report: *ORI No:

*Last Name *First Name Middle Name Suffix *Sex *Race

Place of Birth: *Date of Birth:


*Height: *Weight: *E Color · Blac · Blue *Hair Color
ye Maroon k MI M Brown · BlackII Blond II White M Sandy
Ft. In. Lbs. I Gray Green · Unknown III Brown • Gray • Red II
M Multicolor · Hazel
Complexion IN Fair/Light · Black III Medium Scars, Marks, Tattoos and Other Characteristics
IN Albino · Dark MI Olive
· Ruddy II Sallow · Yellow
· Lt. Brown M Med. Brown · Dark Brown
Fingerprint Classification: Social Security Number:
Operator's License Number O.L. State Date of Expiration DNA • Yes M No
Location of DNA:
*Date of Last Contact *Originating Agency Case Number

Fingerprints Available M Yes II No Photo Available • Yes NI No Dental Records MI Yes II No


Location of the Fingerprints: Photo Received M Yes II No Location of the Dental Records:
Photo sent to the State Police · Yes · No
Bod
Blood Type y Location of the X-Rays:
X-Rays Available

Full • Partial II No
Medication Required II Yes IN No Medication Type Medical Condition • Yes 0 No If
Yes, what type:
Last Name First Name Middle Name

Person Who is Reporting Subject Missing:


Address: Contact Telephone:
Telephone # of investigating agency (accessible 24 hours) Authority for Release • Yes • No
Area Code ( ) - (Part IV)
Last Seen in Company of: NAME(S) Sex Race
(I)
(2)
MISCELLANEOUS DATA (Information which may assist in identification: nickname, associates, direction of travel hairstyle, clothing, etc.)

VEHICLE INFORMATION
License Plate Number State Year of Exp. Lic. Type VIN

Vehicle Year Make Model Style Color

'Corrective Vision Prescription:


Jewelry, Type and Description:

* MANDATORY DATA ELEMENTS


ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 67 EFFECTIVE DATE: 02/01/07

LINEUPS

I. POLICY
It is the policy of the Alleghany County Sheriff’s Office that photographic
lineups will be conducted in accordance with sound and established
procedures. This agency does not possess the facilities to properly conduct in-
person lineups, and consequently, they will not be used.

II. PURPOSE
To establish procedures for conducting photographic lineups.

III. PROCEDURE
A. Members of this agency will used the “sequential method” for conducting
photo lineups.
1. Witnesses are presented with one photograph at a time and the
witness is asked to make a judgment about each individual photo
before moving on to the next one.
2. This procedure is used to prevent the witness from making a
relative judgment of a group of photo’s, picking which one looks
most like the perpetrator.
B. Photographs used should be as consistent as possible. Mug shots are
preferred if possible. Photographs of different types should not be mixed
(i.e. DMV photos, color, black and white, computer generated and
polaroids). The background should be consistent over all photos. The
subjects chosen for the lineup should all share the same general physical
characteristics described by the witness.
C. Members of this agency will not conduct “in-person” lineups, as we do not
currently possess sufficient facilities.
D. Show-ups
1. A “show up” is a procedure where, generally within a very short
time of an incident, a witness is asked to identify a suspect in
person.
2. Show-ups are separate procedures and not governed by the
policy on conducting lineups.
3. In a show-up the witness will be shown the suspect only.
4. There exists sound legal precedence for the practice of show-ups.
E. Other circumstances
1. Other circumstances may exist where it is necessary to have
witnesses identify suspects by means other than a lineup.
2. The most likely example is where witnesses are asked to view
images of a suspect taken by a security camera.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 68 EFFECTIVE DATE: 06/01/17

PROPERTY/EVIDENCE CONTROL

A. POLICY
It is the policy of this department that all evidence and property recovered
or turned into this agency be properly packaged, handled, recorded, stored,
and accounted for.

II. PURPOSE
The purpose of this order is to establish a lawful system for the safe and
efficient storage and retrieval of evidence or other valuable items that
enter the custody of this department.
All personnel shall maintain strict accountability for all property held as
property and evidence.
In no way shall these polices and procedures be interpreted to supersede
any federal or state statute. These policies and procedures are intended to
comply with existing laws.

III. PROCEDURES
A. Officer responsibilities
1. The recovering officer will be responsible to properly package
and label all items collected or recovered as property or
evidence, to prevent any tampering, contamination, or
destruction of same.
2. Upon return to the Sheriff’s Office, the recovering officer shall
immediately list and describe all items recovered.
3. All property and evidence and all related property and evidence
forms (except those articles which may be sent to the lab) must
be delivered immediately to the property lockers at the
Sheriff’s Office.
4. Reporting officers should, when possible, check all property
against NCIC or VCIN records.
5. For property that may be lawfully released to the owner, the
recovering officer shall immediately attempt to notify the
owner (by telephone or letter) the department is holding their
property and make arrangement to return the property to the
rightful owner.
B. The officer who finds the property, completes the necessary paperwork,
and deposits the property in the evidence locker is responsible for
amending the property form each time the property is removed, analyzed
or otherwise dealt with. The original recovering officer is further
responsible for the property and all relevant paperwork until the property
leaves the departmental custody permanently.
C. Temporary release of property and evidence
1. Officers are responsible for checking out needed evidentiary
materials for investigative cases, laboratory analysis, or
testimony purposes.
2. When receiving evidentiary materials from locker, officers
shall sign out property.
3. When returning property or evidence, officers shall sign in the
items as appropriate. Further, the officer shall ascertain from
the prosecutor when contraband may be destroyed, and upon
approval, arrange for destruction or other disposal as soon as
possible.
D. Weapons
1. All weapons coming into custody of this department will be
immediately inspected to ensure their safe storage. It is
imperative that all firearms be unloaded before placing in the
locker.
2. All firearms coming into the custody of the department will be
checked by the recovering officer against NCIC/VCIN stolen
files.
E. Drugs and narcotics
1. In the case of drug property or evidence, the recovering officer
should obtain a gross weight (content and package) for
quantitative and quality control.
2. All drug evidence (except marijuana when the charge is simple
possession) will be processed to the lab for examination in a
timely manner.
3. Each time narcotics property is removed, the package or
container should be inspected for tampering and weighed.
4. Seizures in excess of 10 pounds of controlled substances or
marijuana are addressed in Virginia Code Section 18.2-253.1.
This section set forth disposal procedures for large amounts of
controlled substances.
F. Alcohol
1. All property and evidence consisting of alcoholic beverages
and their containers must be sealed so that there is no chance of
leaking while in the department’s custody.
2. It is the Commonwealth Attorney’s opinion and advice that
alcoholic beverages seized should not all be considered
contraband.
a. Contraband alcoholic beverages would be those seized
from those persons that are under age, where the persons’
possession of alcoholic beverages in itself is illegal (refer
to Article 4, Sections 53, 55, 62).
b. Alcoholic beverages seized or recovered which are not
contraband or used for evidence should be returned to
owner.
G. Photographs
1. Upon completion of court proceedings, the photos should be
returned to the appropriate case files. (Photos should be
identified on reverse side, including name of person taking
picture, date, time and location.)
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 69 EFFECTIVE DATE: 05/01/04

FOLLOW-UP CASE ASSIGNMENT

I. POLICY
Patrol officers will ordinarily respond to cases requiring investigation and are
expected to gather information and evidence relative to the incident.

II. PURPOSE
It is the purpose of this policy to promote public confidence, set standards of
case assignments, and produce a well organized investigation.

III. PROCEDURE
A. Misdemeanors – A misdemeanor case will normally be handled by the
first officer or that officer’s sergeant. This includes reports and any
follow-up investigations. This does not mean if the officer needs
assistance in the case that they may not ask an investigator for that
assistance.
B. Felonies – A felony case will also ordinarily be responded to by a patrol
officer. That officer will work the case just as he did the misdemeanor
case (B & E – Larceny). If it is a serious felony (Homicide, Robbery,
etc.), the first officer or his sergeant should refer to the “Serious Incident”
policy section and notify appropriate personnel.
In normal felony cases, the initial officer should work the case as much as
possible, check with neighbors, etc. If the officer develops leads or has a
suspect, it should be noted on a supplement report, and that officer should
work the case through. If no leads or suspects are noted, investigators will
take the case, contact the officer taking the report and begin follow-up
investigation.
If any case, if there is physical evidence present at the crime scene and the
patrol officer does not have the equipment or training to collect it, they
should notify a fellow officer who may have been rained in evidence
collection to assist them.
If another officer or investigator comes to the scene, it is still the first
officer’s responsibility to write all necessary reports, check with
neighbors, etc.
C. Second Contact – Contacting a victim, complainant or witness for a
second time, after a lapse of several days, may result in the receipt of
information leading to the clearance of a case. The victim may have
discovered something else missing or though of possible suspects. Second
contact is valuable in building public confidence in our department as well
as indicating that we are genuinely concerned about the welfare of the
victims or others associated with the case.
The officer taking a misdemeanor report should contact the complainant
again within five (5) days of the report to see if more information is
available about the case and to assure the complainant that the case has not
been forgotten.
Complainants in felony cases turned over to investigations should also be
contacted again by an officer, and that officer should also return to the
crime scene. Often after a break-in, the victim may find something
missing a day or two after the crime was initially reported. This also
should be done within five (5) days.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 70 EFFECTIVE DATE: 05/01/04

INFORMANTS

I. POLICY
The department encourages development and use of informants. The proper
legal use of an informant can greatly assist the efforts of the officer in
obtaining vital information that may be used in any investigation.

II. PURPOSE
The purpose of this order is to set forth procedures to help members of the
department develop and effectively use informants and the information
obtained.

III. PROCEDURE
A. Definition
1. By definition, an informant is a person who provides
information. A citizen giving an officer information about
neighborhood activities is an informant. An arrested person who
provides information about other participants in a crime is an
informant. A “snitch” who provides information about who
committed a particular crime and who receives money from an
officer as payment is an informant.
2. An officer shall develop a variety of information sources or
informants. In may cases, information will flow as a result of
friendly, courteous conversations and questioning, by building
rapport, by providing efficient response, and by just listening and
talking.
3. For purposes of this order, an informant is defined as someone
who provides useful information concerning criminal activity
including vice, organized crime, or intelligence and who expects
some kind of return. Returned is defined as payment in money
or assisting the Commonwealth’s Attorney or the courts or the
satisfaction of a personal need to contribute to the improvement
of the neighborhood.
4. In developing informants, officers shall ensure confidentiality in
informant identities and transactions, but observe lawful
accountability.
B. Use of Informants
1. Officers will not make any deals with people concerning
charging, pleading, or sentencing. Officers may; however,
consult with the Commonwealth’s Attorney regarding these
matters.
2. Informant information may become the basis for a variety of
legal and police processes. The officer should carefully consider
the possibilities of being required to identify an informant in the
courtroom, possibly placing the informant in jeopardy.
3. Informants as participants in offenses must be willing to testify
in court.
4. Officers shall deal with informants very carefully and with
circumspection, particularly with those of a different sex or those
whose sexual preferences may make an investigation susceptible
to compromise.
5. Use of juvenile informants is particularly sensitive so officers
must obtain parental permission and consult with the
Commonwealth’s Attorney or juvenile court personnel.
6. The Sheriff can provide information on the availability of funds
to pay informants.
7. Specific guidelines exist through case law regarding the legal use
of informants. The following points are offered to help officers
judge the usefulness of the information.
a. If possible, corroborate informant tips through independent
investigation.
b. If informants tips form probable cause to arrest or search,
the officer involved must be prepared to justify to the court
why the informant is credible and his information reliable.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 71 EFFECTIVE ORDER: 05/01/04

DISPOSAL OF UNCLAIMED PROPERTY

I. POLICY
All lost, found and unclaimed property of non-evidentiary value will be
disposed of according to federal and state statutes. Personal property coming
into the possession of the department as evidence may be disposed of only
after approval by the Commonwealth’s Attorney. Under no circumstances
will property turned in or seized become the property of any appointee of the
department.

II. PURPOSE
To establish guidelines for the disposal of lost, found, and unclaimed property
of non-evidentiary value.

III. PROCEDURES
A. Responsibilities – Each officer is responsible for the safe storage of
evidence, found property, and contraband. Officers are equally
responsible for proper record keeping or all property. Officers shall
maintain appropriate logs of all incoming and outgoing property, plus
documents concerning auctions of destruction of contraband. The chief
deputy shall ensure correct accountability of all property.
B. Release of non-evidentiary and lost/found property
1. Non-evidentiary and lost/found property shall be released to
the true owner or his agent when claimed.
2. Satisfactory proof of ownership (i.e., serial number, receipts,
sales slip, invoice) must be presented. In lieu of proof listed
above, when an owner can describe a property item in great
detail as to color, style, brand, scratches, marks, and condition
(things which a non-owner would not be expected to know),
property may be released.
3. Any other person seeking release of such property, particularly
when there is a dispute about ownership, shall be advised that
property can be released to them only as a result of:
a. A valid court order, or,
b. Written consent from County Attorney or
Commonwealth’s Attorney.
C. Unclaimed money or other valuables
1. Unclaimed monies and other valuables held by the department
that fall into or are closely related to the following categories
must be reported to the Department of Treasury, Division of
Unclaimed Property, in accordance with Title 55 of the
Virginia Code.
a. Currency e. Precious stones and gems
b. Coins f. Securities
c. Stamps g. Art Objects
d. Precious metals h. Antiques (including weapons)
2. The chief deputy will report annually a list of unclaimed
monies and valuables to the Department of Treasury on
provided forms. Subsequent disposal of these items will be in
accordance with their response.
D. Weapons
1. Following all criminal proceedings, legally possessed weapons
not ordered confiscated by the courts will be returned to the
owner or the owner’s agent.
2. Proof of ownership (i.e., serial number, receipts, sales slip, or
detailed description) will be required before release.
3. Disposal of contraband weapons and those ordered confiscated
by the court will be in accordance with court orders and
Sections 18.2-308 and 310, and 4-53 of the Code of Virginia.
E. Drugs/narcotics
1. Large seizures in excess of 10 pounds of controlled substances
or marijuana will be disposed of in accordance with Section
18.2-253.1 of the Code of Virginia.
2. Controlled substances and marijuana of no evidentiary value
will be disposed of in accordance with Section 18.2-253 of the
Virginia Code.
3. Property seized in connection with the illegal manufacture, sale
or distribution of controlled substance will handled in
accordance with Section 18.2-249 of the Virginia Code.
F. Alcohol
1. Alcoholic beverages which are not contraband and have no
evidentiary value should not be seized, but should be retained
by owner.
2. Contraband alcoholic beverages (i.e., beverages possessed by
those under age) and alcoholic beverages confiscated by the
court will be disposed of in accordance with Section 4-53, 55
and 63 of the Code of Virginia.
G. Gambling
1. Property and evidence seized incident to an arrest for violation
of Virginia Code Section 18.2-336 shall be forfeited to the
Commonwealth by order having last jurisdiction.
2. Monies seized will be disposed of according to court order.
H. Blood samples (DUI arrests)
1. The chief deputy shall destroy blood sample containers in
accordance with Virginia Code Section 18.2-268, unless
otherwise directed by the accused or his attorney.
2. The destruction shall be routinely accomplished by the
recovery officer who originally recovered the evidence.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 72 EFFECTIVE DATE: 05/01/04

ALARM RESPONSES

I. POLICY
It shall be the policy of the Alleghany County Sheriff’s Office that response to
alarms will be conducted so as the enhance the safety of officers and citizens,
while maximizing the probability of apprehending offenders.

II. PURPOSE
The purpose of this policy is to establish guidelines for officers of this
department when responding to business and residential alarms.

III. PROCEDURES
A. General
1. The safety of officers and citizens will be the first priority in an
alarm response situations, no action will be taken that will
unnecessarily jeopardize the life of any person.
2. Upon notification of an alarm, the dispatcher has been requested:
a. To immediately dispatch, at minimum:
i. The nearest available unit, to investigate the alarm,
and,
ii. A back-up unit.
3. All officers dispatched to an alarm will be alert for vehicles or
suspects fleeing the scene.
4. Emergency lights and siren will be utilized in alarm response
when traffic conditions or unusual circumstances warrant such
use. If used, emergency lights and siren will be discontinued far
enough from the alarm scene to ensure that suspects are not
alerted.
5. The first unit on the scene will assess the situation and may
direct other units as to the appropriate routs of approach.
6. All responding officers will attempt to:
a. Arrive in the area at approximately the same time.
b. If possible, secure their vehicle out of view of the alarm
location.
c. Approach the alarm location from different angles as
feasible.
d. Survey the scene for suspicious activity.
7. License numbers of nay suspicious vehicles observed will be
communicated to the dispatcher.
8. The assigned officer will document any false alarm.
B. Banking Institutions During Business Hours
1. Banking institutions will include all banks located within the
County of Alleghany.
2. Alleghany County Sheriff’s Office has been requested to
dispatch the nearest available unit and a supervisor as backup to
all bank alarms activated during business hours.
3. The assigned field supervisor will be responsible for directions
and coordinating bank alarm response procedures.
4. The following strategies will be utilized at the scene of a bank
alarm:
a. The first officer on the scene will not approach the alarm
location on foot until a backup unit arrives.
b. A foot approach if deemed necessary, will be conducted as
a cautious, coordinated effort.
c. Additional backup units may be directed to cover the most
likely escape routes.
d. Officers should avoid placing themselves in a crossfire
situation.
e. Officers will attempt to survey the scene for indications of
a crime in progress.
f. Except as deemed immediately necessary for the protection
of a life, an officer will not enter a bank in an alarm
situation.
5. Upon arrival at the scene of a burglar alarm, the assigned officer
will be responsible for:
a. Securing an outside perimeter, as feasible, and
b. Beginning an exterior check of the building for signs of
forced entry.
6. If an accessible point of entry is discovered, the assigned officer
will be responsible for:
a. Notifying the dispatcher of the situation.
b. Requesting additional units needed to conduct a search of
the interior.
c. On completion of the interior search, notifying the
dispatcher to contact the property owner/manager and
request him to respond to the scene.
7. If no point of entry is observed or if an inaccessible point of
entry is located then the assigned officer is responsible for:
a. Notifying the dispatcher to contact the property
owner/manager and request him to respond to the scene.
b. Maintaining a secure perimeter until arrival of the
owner/manager, at which time access may be gained and an
interior search conducted.
8. On completion of the interior search, the assigned officer will
escort the owner/manager through the building to ascertain what
items, if any, are missing.
9. If feasible, the assigned officer will wait for the owner/manager
to secure the premises and reset the alarm before clearing from
the scene.
10. Should the property owner/manager be unavailable or refuse to
respond to the alarm scene, the assigned officer will be
responsible for:
a. Completing the search of the premises, if possible.
b. Securing any point of entry, if possible.
c. Including the incident report that the owner/manager was
unavailable or refused to respond.
ALLEGHANY COUNTY SHERIFF'S OFFICE
GENERAL ORDER # 73 EFFECTIVE DATE: 03/01/2012

LAW ENFORCEMENT FIELD TRAINING OFFICER PROGRAM

A) Field training officers shall conduct all FTO training in accordance with Sheriff’s
Office FTO manual.
B) Manual is located in the Field Deputies Office and Chief Deputy’s office.
C) FTO manual will be modified as needed to comply with new laws, forms, and
procedures.
D) The lead FTO shall maintain an up to date FTO manual and shall supply any necessary
changes to the Chief Deputy
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 74 EFFECTIVE DATE: 05/01/04

CHILD ABUSE

I. POLICY
It is the policy of the department to protect and ensure the safety and welfare
of the children in this jurisdiction. All officers must be knowledgeable about
child abuse and neglect, their effect on children, and help the children who
become victimized. Coordination with other criminal justice and social
service agencies is a necessity. Initial responsibility for investigation of such
cases lies with the sheriff’s department. Law enforcement must assume
leadership in the prevention of child victimization and in the prosecution of
offenders.

II. PURPOSE
The purpose of this policy is to establish guidelines for investigating crimes in
which the victims are children.

III. PROCEDURES
A. General responsibilities
1. “Child” refers to any person under the age of 18 years.
2. Department personnel shall be aware of local social service
agencies for cases involving child victims. Officers shall know
how and when to contact agency representatives, especially
Child Protective Services (CPS) and Juvenile and Domestic
Relations Court.
a. CPS – (Dept. of Social Services) – In circumstances
involving no imminent danger to a child, an officer shall
record complainant’s name, address, telephone number,
and pertinent information concerning the alleged abuse or
neglect and transmit this information immediately to CPS,
and they shall jointly determine the proper course of action.
b. Juvenile and Domestic Relations Court – If the officer finds
a child in a situation which presents an imminent danger to
the child’s health or life, the officer may take the child into
custody without parental permission if a court order is not
immediately available from the court (Virginia Code 63.1-
248.9). Otherwise, the court may grant the officer an
emergency removal order (Virginia Code 16.1-251), and a
hearing shall be held as soon as practicable, but not later
than 5 days (Virginia Code 16.2-252).
3. Department personnel shall be trained and knowledgeable about
child abuse and neglect, its effects on children, and how to
identify it.
4. All personnel interacting with child victims will use appropriate
communication skills.
5. The protection of all children is vital to the well-being of the
community.
6. All officers shall know the sections of the Virginia Code that
pertains to crimes most commonly committed against children:
a. Child abuse – Section 63.1-248.2, 16.1-228.
b. Child neglect – Section 18.2-371-1, 18.2-371, 18.2-314.
c. Sexual exploitation of children (rape) – Section 18.2-61.
d. Child abductions/kidnapping – Section 18.2-47-49.
7. The department shall work with local schools and agencies to
educate children to identify and prevent their own victimization
and to provide community awareness.
B. Dispatcher (Communications Center) responsibilities.
1. The dispatcher must decide if the child is in imminent danger
(due to injury, or threat thereof, or abandonment). If so, an
officer shall be sent to the child immediately. If circumstances
do not involve imminent danger, a referral to CPS will be made
as soon as possible. Nevertheless, an officer shall be dispatched.
The department and CPS will then do a follow-up investigation
jointly. (CPS does not need to be contacted in cases where the
assailant is not a parent or guardian of the child).
2. The dispatcher shall obtain the following information to give to
the patrol officer or investigator assigned to the case:
a. Child’s name, age, and address.
b. Child’s present location.
c. Parents’/guardians’ names and addresses.
d. Nature and extent of injury or conditions observed.
e. Complainant’s name, location and relationship to the child.
f. If possible, also obtain information about the history of any
previous injury to this child and the identification of person
responsible.
C. Patrol responsibilities
1. Arrival at scene – obtain all pertinent information from the
dispatcher.
2. Initial Contact
a. If the officer suspects child abuse, he shall explain his or
her role in ensuring the health and safety of the child.
b. If entry to the home is refused and the officer feels entry is
necessary, he/she may gain entry in one of several ways:
i. In a non-emergency, obtain a court order or a search
warrant from a magistrate or juvenile judge
(Virginia Code 16.1-246).
ii. In an emergency, forced entry without a warrant is
legal when there is probable cause that a child is in
danger.
c. The officer shall immediately ensure the safety of the child.
Summon an ambulance or administer first aid, if necessary.
Reassure the child that he or she is safe now and that the
child has done nothing wrong.
3. Transport the child victim to a safe place, if necessary. This may
include a local, court-approved juvenile shelter.
4. If the child is a victim of sexual assault, refer to sexual assault
procedures.
5. Interviewing the victim.
a. Child victims require special treatment. To minimize the
number of times the child will have to tell his story,
coordinate with other agencies (example: CPS, the courts)
before interviewing. If the child is the victim of possible
parental abuse, some strategies to consider include:
i. The child’s age – he may be too young to interview
(a child’s capacity to deal with information differs
from an adult’s);
ii. Interviewing the child may deteriorate even further
the parent-child relationship;
iii. Observe and note the child’s reaction during initial
contact;
iv. Interviewing the victim of child sexual abuse
requires particular skills.
v. Usually the parent should not be present during the
interview of the child (the child may be afraid to tell
the truth);
vi. The officer must be sensitive to the emotional stress
of the child due to the interview itself (some
children may not even understand that the behavior
of the parents has been abusive or neglectful);
vii. Inform the child of the parents’ awareness of the
interview;
viii. The officer should not appear to be taking sides
against the parents. Children will generally become
defensive if someone criticizes their parents, even if
they agree;
ix. The interview should be conducted in language
the child understands;
x. The interview should always include what will
happen next and how the officer will use the child’s
information;
xi. Provide reassurances to an anxious child victim
by expressing belief in the child’s story and an
understanding of the child’s dilemma.
b. Allow a supportive person to be present during the
interview for the child’s emotional comfort (e.g., non-
abusive parent or child advocate).
c. At the beginning of the interview, the officer shall attempt
to gain the child’s confidence. The officer shall introduce
himself or herself to the child, give the purpose of his or
her presence, and attempt to conduct the interview on an
informal, friendly basis with the child. If the interview will
be tape-recorded, allow the child to test his or her voice
before it is begun.
d. The officer must try to determine the emotional state of the
child. Is the child ready to tell the truth and to talk about
the incident? If not, delay the interview to a more
appropriate time.
e. Encourage young child victims to be active (play with a
toy, draw a picture, hold a stuffed animal) during the
interview. This will relax the child and allow for a more
thorough interview.
f. If the officer decides that the child is in need of supervision
he cannot or is not getting in the home, the officer should
so inform the child. In deciding whether protective custody
is needed, the officer shall be guided by:
i. The maltreatment in the home, present or potential;
ii. Evidence of abuse, torture, or neglect by the parent;
iii. The parents’ refusal to obtain needed medical or
psychological care of a child.
iv. Parental anger and discomfort by the officer’s
investigative efforts which are directed toward the
child;
v. Evidence that the parents cannot provide for the
child’s basic needs;
vi. There is a history of prior offenses/allegations in
which the child is a victim.
6. Interviewing witnesses (including the parents/guardians)
a. Create an atmosphere of support and understanding.
Remain non-judgmental until all the facts are known.
b. The officer must communicate in a friendly manner and
allow the adults to express their anger and fears concerning
the incident.
c. Assess resistance to the interview. It may be in the form of
denial, uncooperative attitude or explanations of how
uncontrollable the child is.
d. If the officer prepares to interview the suspect, he shall give
Miranda warnings.
e. If parental child abuse is suspected, interview each parent
separately and be alert to any apparent vagueness or
inconsistencies in the explanations each gives for the
allegations. Parents should be told the reason for the
interview and be treated with respect.
f. Witnesses may be reluctant to discuss a family with an
officer (due to fear of retaliation or because of breaking
confidentiality). Officers should explain the use of any
information provided and that efforts will be made to
maintain the identity of witnesses in confidence.
D. Investigator responsibilities
1. Child victims may have little power and depend on law
enforcement officers and social service agencies to take action in
whatever way is needed to lessen their victimization. The
investigator shall determine whether or not criminal prosecution
is the best means to achieve that end.
2. The investigator shall place a high priority on coordinating and
communicating with social service agencies involved in the child
victim’s case (ex. CPS, Juvenile and Domestic Relations Court,
court-appointed guardian, or child advocate).
3. Either the investigator or the officer must make an oral report of
child abuse/neglect to the Department of Social Services. A
copy of the offense report must be sent to Social Services.
a. In severe cases of abuse, the officer shall ask the dispatcher
to contact Social Services so that a caseworker can respond.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 75 EFFECTIVE DATE: 05/01/04

SEXUAL ASSAULT

I. POLICY
The department recognizes the fact that sexual assaults (rape, forcible
sodomy, incest, child molestation, sexploitation, or children, and attempts
thereof) are personal violent crimes that have great psychological or physical
effects on the victims. It shall be the policy of this department to assist sexual
assault victims in a supportive manner, using appropriate crisis intervention
skills. Because of the seriousness of these offenses and the delicate nature of
the investigations involved, it is important for the department to undertake
diligent investigations in order to increase the reporting of these crimes.
Reducing recidivism through the apprehension and prosecution of the
assailants shall be a department priority.

II. PROCEDURE
A. General responsibilities
1. “Sexual assault” means those offenses involving sexual
penetration or contact with any person by force or threat of force,
fear, or intimidations, or any attempts to force sexual penetration
or contact on any person.
2. Department personnel shall be aware of community services
available (sexual assault crisis centers/hotlines, mental health
centers, medical clinics, victims assistance program) to victims
or sexual assault.
3. Department personnel shall use appropriate communication skills
when interacting with sexual assault victims.
B. Dispatcher (communication center) responsibilities
1. If hospital personnel call in the sexual assault report, the
dispatcher shall obtain initial information only (name and
location of the victim, reporter’s name and job title, victim’s
condition). Confirm that a sexual assault support person has
been contacted for the victim, if possible.
2. If the victim calls to make a report, she or he may or may not
want police intervention.
a. If the victim wants no department response, the dispatcher
shall:
i. Try to obtain as much information as possible
concerning the crime details. Do not insist on the
victim’s identity.
ii. Explain to the victim that she or her does not have
to prosecute even if she or he makes a report.
iii. Encourage the victim to go to the hospital for
treatment and evidence collection. Payment
conditions should be told to the victim (Criminal
Injuries Compensation Fund was established in
1977 – See Virginia Code 19.2-368-1 through
368.18).
iv. Even if no report is made, refer the victim to a
sexual assault crisis center or victim/witness
program for further assistance.
b. If the victim wants police response, the dispatcher shall:
i. Obtain initial information only – name, present
location, telephone number, basic incident details,
victim’s conditions.
ii. Ensure the victim’s safety. An officer shall be
dispatched immediately. Ask for name, if know,
description of the assailant, possible location or
direction and means of flight from the scene, and
the time elapsed since the crime. Stay on the line
until the officer arrives, if possible. Be supportive
and use crisis intervention skills.
iii. If the assault occurred within the last 72 hours,
explain to the victim the necessity of not washing
self or clothes, not douching, not combing hair or
putting on make-up, and not touching or moving
anything at crime scene. If the victim has already
destroyed some evidence, reassure victim, but ask
not the do any more “cleanup.”
iv. If the assault occurred more than 72 hours earlier,
recommend the victim to seek medical attention
anyway and dispatch an officer.
v. Ask the victim if he or she wished the presence of a
sexual assault crisis worker, family member or
friend for further support (at the hospital or
department).
vi. Ask if the victim has transportation or not. Have
officer go wherever the victim is, if possible.
Transport the victim to the hospital or department or
explain that an officer will meet the victim at the
specific location.
3. Give a complete report of information obtained to the officer
assigned to the case before he or she initially contacts the victim.
C. Patrol Responsibilities
1. The patrol officer has certain immediate responsibilities:
a. The primary concern is the victim’s physical well-being.
Give attention to the victim’s emergency medical needs.
Ensure safety.
b. Preserve the crime scene. Call evidence technician unit.
c. The officer should be alert to any suspect in the vicinity.
Give crime broadcast, if applicable.
d. The officer shall explain to the victim his or her role and
what will be done at the scene and through follow-up.
2. The patrol officer shall obtain detailed information essential to
determine what offense(s) actually occurred. (Ex. Abduction –
Virginia Code 18.2-47, -48, -49, Child Abuse, Neglect – Virginia
Code 16.1-241, 18.2-314 – 371.1, Conspiracy – Virginia Code
18.2-22, -367, -23, Murder – Virginia Code 18.2-31, -32, Sexual
Offenses – Virginia Code 18.2-344, -366, -387, -379, -370, -48, -
346-8, -355, -358-61, -63, -64, -67, -361)
3. Obtain preliminary statements from victim and witnesses. Try to
establish rapport and get only the needed information.
4. The office shall inform the victim, preferably in writing, of
counseling services available in the area. (Inform the victim that
Division of Crime Victims’ Compensation now pays counseling
fees, if needed). Ask whether the victim would prefer to have a
“support” person (sexual assault worker, family member, or
friend) present if this has not already been done by the
dispatcher.
5. The officer shall arrange for transportation or transport the victim
to the hospital for a sexual assault examination, if appropriate (if
the assault occurred within the last 72 hours). Explain the
medical and legal necessity of this exam. Inform the victim to
take a change of clothing along. The officer may provide
transportation back home following the exam.
D. Investigator responsibilities
1. The investigator shall obtain a complete report from any other
officer assigned to the case.
2. The initial contact with the victim may happen in different ways:
a. At the crime scene – The officer shall protect crime scene
and the investigator shall establish rapport with the victim,
transport the victim to the hospital, and begin the
preliminary investigation.
b. At the hospital – Arrange for the collection of evidence
needed for prosecution. Explain sexual assault exam
procedures, and establish rapport for further interviews.
The investigation r shall not be in the room during the
sexual assault exam but should have the victim sign a
consent form in order to obtain a copy of the hospital
report.
c. At the Sheriff’ Office – Before interviewing, review any
other officer’s report and establish rapport with the victim
by allowing her or him to ventilate.
3. The investigator shall be trained in sexual assault procedures.
a. The investigator should allow the sexual assault crisis
worker to be with the victim for support if the victim
desires.
b. If the victim prefers a woman investigator, every attempt to
provide one shall be made, but if one is not available, the
investigator shall nevertheless encourage the victim’s
cooperation.
c. Prepare the victim for each phase of the investigation. By
explaining what must be done and the reasons why, the
officer will encourage the victim’s cooperation.
4. Follow-up interviews by the investigator
a. Privacy is a necessity for follow-up interviews. Choose a
quiet room at the department or go to the victim’s home. A
support person to aid the victim may be helpful to the
investigation. Advise this person of his or her role and ask
the person not to interfere with questioning.
b. Questions which must be addressed include the following:
i. Assault circumstances: where approached?
How? Where occurred? When and how?
ii. Assailant: name, if known? Color of hair?
Clothing? Weight? Identifying marks?
iii. Multiple assaults?
iv. What happened during the assault? Were
weapons used? Describe them. Where threats
made? What were they? Was there a fight or
struggle? Injuries sustained? Drugs/alcohol
involved? Sexual detail – what did he try/obtain?
Other degrading acts? Did he ejaculate? Was there
talk? What was said?
v. How long was the assailant with you?
vi. What was done immediately after the attack?
vii. Feelings about prosecuting?
c. At the conclusion of the interview, the investigator should
ask about any additional assistance needed. (Counseling
services are always recommended.)
d. Encourage the victim to call later with additional details or
ask questions. Give a number.
SEXUAL ASSAULTS/VICTIM IMPACT

Sexual assault is one of the most frightening crimes that can be committed against a
person. It is a crime of violence. Any forced sexual contact or any unwanted sexual
touching is a crime, whether persons are married to each other or not. Indirect assaults
include obscene phone calls, exhibitionism, stalking, and indecent exposure. Direct
assaults include rape, incest, child molestation, sodomy, and attempts thereof. The two
most severe felony sexual assaults are discussed below.

Incest is a sexual involvement with a blood or step relative. The most frequent offender
is the father and the most frequent victim is the daughter, but other possibilities exist:
mother/son, brother/sister, grandfather/granddaughter, uncle/niece, etc. Coercion is built
on trust and love rather than violence. The offender is often immature with low self-
esteem. The victim doesn’t want to be rejected. Incest can range from fondling to full
intercourse. The victim’s feelings are very confused because of the relationship with the
offender and the rewards/threats by the offender.

Rape is forced sexual penetration against the will of the victim. It may include many
different sexual acts – vaginal, oral, anal intercourse, object penetration, plus other
humiliating acts (urination by offender, lewd remarks, physical injury). Rapists
commonly have low self-esteem, desire for dominance, frustration and instability. They
may be anti-social and violent. Social pressures may trigger a rape. Common reactions
of victims are shock, embarrassment, anger, fear, guilt, confusion, and lack of power
(control).

These attacks are usually emotionally traumatizing experiences from which it may take
months of years to recover. Initial concerns will be sexually transmitted disease,
pregnancy, and injuries. At first, the victim will experience confusion, shame and fear.
Later on, helplessness, worthlessness, isolation, distrust, anger, fear and guilt will become
strong feelings. Trouble may persist in the form of inability to express affection, relate to
other family members, or trust others. Crisis counselors trained to deal with sexual
assault can help victims cope with the assault and find a resolution to the incident and
their feelings. An active support system and building new strengths and relationships are
positive factors in post-rape recovery.
EVIDENCE COLLECTION – SEXUAL ASSAULTS

General Rules
1. Safeguard crime scene and evidence that is collected.
2. Call a crime scene unit or evidence technician, if available.
3. Use caution not to damage, mark, or contaminate evidence.
4. Initial and date all items seized.
5. Document chain of evidence in report.
6. Place all evidence in appropriate containers, seal, and initial.
7. See appendix to GO 2-14 for complete instructions.

At the Crime Scene


1. Collect undergarments, clothing, bedding, rugs, or other appropriate items which
may contain semen, blood, hairs, fibers, or other pieces of trace evidence, or that
might be damaged.
2. Collect wash clothes or towels which may have been used.
3. Collect bottles, glasses, or other objects that may contain latent prints.
4. Search scene for foreign objects (buttons, hair, pieces or torn clothing).
5. If crime occurred outdoors, take soil samples from several areas and sketch the
location of each sample taken.
6. If crime occurred in car, gather sweepings from seats to floors, search floor mats
and seat covers for stains.
7. If entry was forced into the victim’s residence, gather samples of broken glass,
paint samples, and not any pry marks or other signs of forced entry.
8. Photograph the crime scene.
9. Photograph bite marks, scratch marks, or other signs of brutality or injury to
victim. Only female officers or medical personnel should photograph private
sexual areas.

Notes to be Prepared
1. Description of exact location where each piece of evidence was found. (Example:
one white bra, left strap torn, found on the ground in rear yard of {address}, 6 feet
south of rear stairs.)
2. Description of victim’s appearance and behavior. Note: bruises or marks, facial
discoloration, confused or dazed behavior, bewilderment or disorientation,
apparent hysteria or crying, incoherent speech.
3. Description of victim’s clothing. Note locations of torn garments, dirt, stains –
blood, semen, grass.
4. Description of suspect. Physical description provided by victim with special
attention to items which would not be readily visible if the suspects were clothed:
scars, tattoos, and moles.
5. Have all signs of trauma or injury, as well as emotional state of victim, recorded
on hospital record. Be certain that smears taken from vagina, anus, and mouth of
victim, as dictated by the nature of the assault.
INTERVIEWING CHILD VICTIMS

GUIDELINES FOR CRIMINAL JUSTICE SYSTEM PERSONNEL

I. Preparing for Interview


Before interviewing a child, obtain relevant information from parents/guardians,
and if applicable, Child Protective Services case worker, physician, Sexual
Assault Crisis Center/counselor, and victim/witness staff.
A. Explain your role and procedures to above personnel and enlist their
cooperation
B. Determine child’s general development status: age, grade, siblings, family
composition, capabilities, ability to write, read, count, ride a bike, tell time,
remember events, any unusual problems, physical, intellectual, behavioral,
knowledge of anatomy and sexual behavior, family terminology for genital
areas.
C. Review circumstances of assault (as reported already by child to other
person): what, where, by whom, and to whom reported; exact words of child;
other persons told by child; how many have interviewed child; child’s reaction
to assault; how child feels about it and what, if any, behavioral signs of
distress (nightmares, withdrawal, regression acting out) have occurred.
D. Determine what reactions and changes child has been exposed to following
disclosure of assault(s): believing; supportive; blaming; angry, ambivalent;
parents getting a divorce; move to a new home.

II. Beginning the Interviews


A. Setting: The more comfortable for the child, the more information he/she is
likely to share.
1. Flexibility: A child may like to move around the room, explore and touch,
sit on the floor or adult’s lap.
2. Activity: Playing or coloring occupy child’s physical needs to allows
him/her to talk with less guardedness.
3. Privacy: Interruption, distracting an already short attention span, or
diverting focus of interview will make a self-conscious or apprehensive
child withdraw.
4. Support: If the child wishes a parent (if appropriate) or other persons
present, allow it. A frightened or insecure child will not give a complete
statement.
B. Establishing a Relationship.
1. Introduction: Name, brief and simple explanation of role and purpose: “I
am the police officer here to help you. My job is to talk to children about
these things because we want them to stop happening.”
2. General exchange: Ask about name (last name), age, grade school and
teacher’s name, siblings, family composition, pets, friends, activities,
favorite games/TV shows. (It often helps to share personal information
when appropriate, e.g., children, pets.)
3. Assess level of sophistication and ability to understand concepts: does
child read, write, count, tell time, now colors or shapes; know the day or
date: know birthday; remember past events (breakfast, yesterday, last
year); understand before and after; know about money; assume
responsibilities (goes around neighborhood alone, stays at home alone,
makes dinner, etc.)

III. Obtaining History of Sexual Assault


A. Preliminaries
1. Use language appropriate to child’s level; be sure child understands
words. (Watch for signs of confusion, blankness or embarrassment, be
careful with the following words: incident; occur; penetration,
ejaculation; etc.)
2. Do not ask WHY questions (“Why did you go to the house? “Why didn’t
you tell?”) They sound accusatory. Ask HOW questions (“How did you
end up in the car with ---?”)
3. Never threaten to try to force a reluctant child to talk. Pressure causes a
child to clam up and may further traumatize him/her.
4. Be aware that the child who has been instructed or threatened not to tell by
the offender (especially a parent) will be very reluctant and full of anxiety
(you will usually notice a change in the child’s affect while talking about
the assault). These fears often need to be allayed. Be comforting but
never lie to the child.
 “It’s not bad to tell what happened.”
 “You won’t get in trouble.”
 “You can help your dad by telling what happened.”
 “It wasn’t your fault.”
 “You’re not to blame.”
5. Interviewer’s affective response should correspond with child’s perception
of assault (e.g., don’t emphasize jail for the offender if the child has
expressed positive feelings toward him.)
6. Ask direct, simple questions as open-ended as allowed by the child’s level
of comprehension and ability to talk about the assault.
B. Statement
1. WHAT
 “Can you tell me what happened?”
 “I need to know what the man did.”
 “Did he ever touch you? Where?”
 “Where did he put his finger?”
 “Have you ever seen him with his clothes off?”
 “Did you ever see his penis (thing, pee pee, weiner) get big?”
 “Did anything ever come out of it?”
Once basis information is elicited, ask specifically about other types of
sexual contact.
 “Did he ever put it into your mouth?”
 “Did he every make you touch him on his penis?”
2. WHO
Child’s response will probably not be elaborate. Most children know the
offender and can name him, although in some cases the child may not
understand relationship to self or family. Ascertain from other sources
what is the exact nature/extent of the relationship.
3. WHEN
The response to this question will depend on the child’s ability, how
recently assault happened, lapse between last incident and report, number
of assaults (children will tend to confuse or mix separate incidents). If the
child is under six, information re: time is unlikely to be reliable. An older
child can often narrow down dates and times using recognizable events or
associating assault with other incidents.
 “Was it before your birthday, the weekend, Valentine’s Day?”
 “Was is nighttime or daytime?”
 “Did it happen after dinner, Sesame Street, your brother’s bedtime?”
4. WHERE
The assault usually occurs in the child’s and/or offender’s home.
Information may be learned about which room, where other family
members were, where the child was before the assault.
5. COERCION
What kind of force, threat, enticement, pressure was used to insure
cooperation and secrecy?
 “Did he hell you not to tell? What did he say?”
 “Did he say something bad would happen or you would get in trouble
if you told?”
 “Did the man say it was a secret?”
C. Assessing Credibility and Competency
1. Does child describe acts of experiences to which she/he would not have
normally been exposed? (Average child is not familiar with erection or
ejaculation until adolescence at the earliest.)
2. Does child describe circumstances and characteristics typical of sexual
assault situation? (“He told me that it was our secret”; “He said I couldn’t
go out if I didn’t do it”; “He told me it was sex education.”)
3. How and under what circumstances did child tell? What were exact
words? To whom has the child reported?
4. How many times has child given history and how consistent is it regarding
the basic facts of assault?
5. How much spontaneous information can child provide? How much
prompting is required?
6. Can child define difference between truth and a lie? (This question is not
actually very useful with young children because they may not understand
the concepts. A sample question designed to elicit the child’s
comprehension of truth and lying might be, “If I told you that I was
wearing a purple dress, would I be telling the truth or a lie?”

IV. Closing the Interview


A. Praise/thank child for information/cooperation.
B. Provide information. (Note: Provide specific information here about the role
of the victim advocate in your jurisdiction, and procedures for contacting
same.)
1. Child: Do not extract promises from a child regarding testifying. Most
children cannot project themselves into an unknown situation and predict
how they will behave. Questions about testifying in court or undue
emphasis on trial will have little meaning and often frightens the child
(causing nightmares and apprehension).
2. Parent: Provide simple, straightforward information about what will
happen next in criminal justice system and approximately when the
likelihood of trail, etc.
C. Enlist cooperation: Let them know who to contact for status report or in an
emergency, express appreciation and understanding for the effort they are
making by reporting and following through the process.
D. Answer questions, solicit responses.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 76 EFFECTIVE DATE: 05/01/04

DOMESTIC VIOLENCE

I. POLICY
This department assigns domestic or family violence (domestic disturbance)
calls a high priority. The nature and seriousness of crimes committed between
family and house hold members are not mitigated because of the relationships
or living arrangements of those involved. Therefore, law enforcement must
exercise leadership in the community in responding to Domestic Violence.
An immediate criminal justice response can make a major difference in the
disputants’ lives. With all due consideration for their own safety, department
personnel responding to a domestic disturbance call shall (1) restore order; (2)
arrest persons when probable cause exists that a crime has occurred; (3)
provide safety and security for the crime victim(s); and , (4) help participants
contact appropriate agencies to help prevent further occurrences.

II. PROCEDURES – GENERAL


A. Definitions
1. “ASSAULT”: See Virginia Code 18.2-51. Also see Virginia
Code 18.2-57.2 (ASSAULT & BATTER AGAINST A FAMILY
MEMBER OR HOUSEHOLD MEMBER), which was upon a
third or subsequent conviction of the same or similar offense of
any jurisdiction within a ten year period shall be treated as a
Class 6 felony.
a. A related matter, Virginia Code 18.2-60 criminalizes the
sending or letters to anyone threatening death or injury
(Class 6 felony).
b. A magistrate issuing a warrant for violation of Virginia
Code 18.2-57.2 shall also issue an Emergency Protective
Order.
2. “Domestic Violence Shelter/Programs” means services that are
provided (usually 24 hours a day) for women and children who
have been physically or emotionally abused or have been
threatened with abuse by their spouses or partners. Services
include crisis intervention, counseling, shelter, ESCORT, and
transportation.
3. “Family Abuse” means any act of violence, including forceful
detention, which results in physical injury or places one in
reasonable apprehension or serious bodily injury and which is
committed by a person against such person’s family or house
hold member (Virginia Code 16.1-288).
4. “Family or Household Member” per Virginia Code 18.2-57.2,
18.2-288, and 19.2-81.3, includes:
a. Spouses, whether or not residing in the same home;
b. Former spouses, whether or not residing in the same home;
c. Persons who have a child in common, whether or not they
have ever been married or residing together;
d. Parents, children, stepchildren, step-parents, sister and
brothers who reside in the same home with the suspect;
e. Parents-in-law, children-in-law, brothers-and sisters-in-law
who reside in the same home with the suspect;
f. Persons who cohabitate or who, within the previous 12
months, cohabited with the suspect, or any children of
either who then resided in the same home as the suspect
(WARRANTS AGAINST FAMILY/HOUSE HOLD
MEMBERS ARE HEARD BY JUVENILE AND
DOMESTIC RELATIONS COURT).
5. “PRIMARY PHYSICAL AGGRESSOR” (See Virginia Code
19.2-81.4) is the party that poses the greatest threat. The primary
aggressor is not necessarily the first disputant to engage in
assaultive behavior, but the one with the most ability and
inclination to inflict physical injury. Officers shall identify a
primary physical aggressor based on the totality of the
circumstances. Some or all of these characteristics may be
present:
a. Evidence that any of the parties acted in self-defense;
b. History of violence (prior assault convictions) of the parties
involved, including history of calls for service;
c. Relative severity of injuries inflicted on all parties, plus
consideration whether the injuries were offensive or
defensive;
d. Relative size, bulk, and strength of the parties involved;
e. Evidence from persons involved in or witnesses to the
incident;
f. The likelihood of future injury to any party;
g. Current or previous protection orders filed against either
party.
6. “Protective Order” is a court order of protection on behalf of an
abused family/household member that restrains the abuser from
further acts of violence, may order the abuser to refrain from
further contact, vacate the residence, relinquish custody of a
vehicle, plus other measures (see Virginia Code 16.1-279.1). A
protective order may be valid up to two years. Officers must be
aware of two type Protective Orders:
a. An emergency protective order (see Virginia Code 16.1-
253.4) may be requested by a law-enforcement officer by
telephone or in person (or by an allegedly abused
individual in person) from a judge or a magistrate. The
emergency protective order aims to protect the health or
safety of any person. It must be put in writing as soon as
possible by the officer on Form DC-626. This order
expires at 5:00 pm on the next day that the J & DR is in
session or 72 hours after insurance, whichever is later. The
officer must serve a copy of this order on the respondent,
and give a copy to the abused family/household member.
The officer must forward the original to the issuing judge
or magistrate for verification, who then files it with the
Juvenile and Domestic Relations Court within five days of
issuance. The Sheriff’s Dispatcher shall enter the order
into VCIN as soon as possible.
b. An abused/family household member may petition for a
preliminary protective order (Virginia Code 16.1-253.1)
through the Court Service Unit. After an ex parte to
establish probable cause that a family abuse has occurred,
the court may issue a preliminary protective order
(protecting the petitioner or his/her family) which is valid
pending a full hearing which is to be held within 15 days of
the issuance of the protective order. Officers shall service
the order as soon as possible on the abuser and shall specify
a date for a full hearing. The officer shall leave a copy of
any order with the abused person. The sheriff’s dispatcher
shall enter the order into VCIN as soon as possible. ALL
PROTECTIVE ORDERS SHALL BE SERVED AND
ENTERED INTO VCIN AS SOON AS POSSIBLE.
c. Any person violating the provisions of a protective order as
outlined in Virginia Code 16.1-2253.2 shall be guilty of a
Class 1 Misdemeanor.
7. ‘Purchase of transportation or a firearm by a person subject to
protective orders”: Virginia Code 18.2-308.1:4 prohibits any
person subject to a protective order from purchasing or
transporting a firearm while the order is in effect, punishable as a
Class 1 Misdemeanor. Firearms transported or purchased in
violation of this law shall be confiscated and subject to forfeiture.
8. “Stalking”: Any person who on more than one occasion engages
in conduct directed at another person with the intent to place, or
with the knowledge that the conduct places, that other person or
person’s family or household member in reasonable fear of
death, criminal sexual assault, or bodily injury, shall be guilty of
a Class 2 Misdemeanor (Virginia Code 18.2-60.3).
a. Staking behaviors include following a person to home,
work or other places, parking outside home or officer,
threatening notes or telephone call, threats.
b. A person who violates Virginia Code 18/.2-60.3 when there
is a protective order in effect or for a second time within
five years of the first offense will be guilty of a Class 1
Misdemeanor. A third conviction within five years of the
first one is a Class 6 Felony.
B. General Responsibilities
1. Department personnel shall refer to victims of domestic violence
to appropriate community resources (Safe Homes – 965-3237,
Social Services – 965-2100, Private Counselors, Medical
Doctors, Hospitals, Legal Assistance). Where possible, officers
shall directly assess referral agencies. Referrals help prevent
future disturbances.
C. Dispatcher Responsibilities
1. Because the dispatcher is likely to be the first person to receive
the call, he/she is instrumental in determining the type of
response. The dispatcher will not attempt to handle a domestic
violence call or give illegal advice.
2. The dispatcher is responsible for deciding whether an officer is
needed at the scene. To make that decision, the dispatcher shall
determine the following, if possible:
a. Who is complaining? Phone number? Whereabouts and
identity of the assailant/aggressor?
b. Name of caller and location of incident? Location of caller
and complainant, if different? Phone numbers?
c. Is the crime (incident) in progress of when did it occur?
d. Are weapons involved?
e. Have people at the scene been injured? Is an ambulance
needed?
f. Presence of children?
g. Others present or witnesses?
3. At this point, if evidence of injury or a weapon exists, someone
has threatened violence, or the complainant has requested an
officer, dispatch one immediately (two officers preferred) and an
ambulance, if needed. The dispatcher shall perform a VCIN
inquiry and give the results to the officer(s) before their arrival at
the scene. Keep the caller on the telephone, if possible, and
obtain additional information as it occurs:
a. Assailant’s whereabouts? If not known, obtain vehicle
description, direction of travel and elapsed time and access
to weapons.
b. Were drugs or alcohol involved?
c. A history of calls to the address? Outstanding warrants on
disputants? Probation/parole status of assailant/aggressor?
d. A history of previous arrests? A protective order in effect?
4. The dispatcher shall maintain telephone contact until the officers
arrive in order to monitor the incident and provide support to the
victim.
5. The dispatcher shall provide the officer(s) with as much
information as possible to identify risks at the scene.
III. PROCEDURES – PATROL RESPONSIBILITIES
A. Arrival at the scene
1. Obtain all information from the dispatcher before arrival.
2. Approach the Scene:
a. When possible, officers should wait for backup help,
discuss a strategy, and approach the scene in pairs.
b. Avoid the use of sirens and other alarms in the vicinity of
the scene. The assailant might be dangerous and could turn
a weapon upon arriving officers.
c. Observe the location of the dispute before contacting the
complainant. Consider the surroundings. Park the marked
car a short distance away. Each officer should follow a
separate approach to the scene, maintaining maximum
cover and an escape route. From this point on, officers
should remain within sight of one another, if possible.
d. Before knocking on the door, listen and look in any nearby
window to obtain additional information about the
situation.
e. Officers must be concerned for their own safety as well as
the disputants. To minimize the possibility of injury, stand
to the side of the door and not in front of window when
knocking. The unexpected may occur when the door is
opened.
3. Initial contact with occupant(s)
a. Identify selves as law enforcement officers by name, give
an explanation of your presence and request entry into the
house (when conditions permit). Ascertain identity of
complainant, and ask to see him/her and any other persons
in the house.
i. Officers shall not accept statements from any
disputants or witnesses that a call was a mistake
without investigating further. Officers shall not
leave without interviewing the complainant.
b. If entry is refused, officers must explain that they must
make sure there are no injured persons inside. If no one
responds to knocking, officers shall try to establish voice
contact by shouting for an answer.
c. Refusal of entry or no response to a knock at the door may
require a forced entrance only if officers have a reasonable
suspicion that the safety of the people inside may be in
jeopardy.
i. In deciding to make a force warrantless entry,
officers shall evaluate the following elements:
a) The degree of urgency involved at the time
required to get a warrant;
b) The possibility of danger to others,
including officers left to guard the site;
c) Whether the suspected offense involved
violence;
d) Whether officers reasonably believe that
persons may be armed.
d. Officers may conduct a search of the premises if consent
has been given to do so. Although a consent search
eliminates the need for a warrant and for probable cause,
such consent must be freely and voluntarily given. If two
people have joint ownership or possession of a place or
thing, either one may give a valid consent.
i. A spouse can consent to the search of premises used
jointly by both husband and wife. This also applies
if the man and woman are unmarried cohabitants. If
one of them exercises sole control over part of the
premises, the other cannot give valid consent to
search that part.
ii. If the complainant has asked for law enforcement
assistance in retrieving personal property from
his/her residence, the officer must first determine if
the complainant has lawful authority to do so. If so,
the officer shall stand by the preserve the peace, but
may advise the disputants that rights to any disputed
property can only be determined by the courts. If
an officer is called to the scene for the sole purpose
of retrieving property, the complainant shall be
advised to obtain a court order to do so, unless the
parties involved are in agreement on the property to
be retrieved.
e. Officers may also make a warrantless entry to conduct a
search if an emergency exists. Officers must have
reasonable belief that such an emergency does exist
(Example: Officers believe that someone, perhaps
children, is in need on emergency assistance).
i. Officers shall evaluate the following elements when
considering a warrantless entry:
a) The degree of urgency involved and the
time required to get a warrant;
b) The possibility of danger to others,
including officers left the guard the site;
c) Whether the suspected offense is serious
or involved violence;
d) Whether officers reasonably believe that
persons may be harmed.
ii. Finally, officers are reminded that they have a
lawful right to investigate any situation which they
reasonably believe to be an emergency.
f. Once inside, establish control by;
i. Inquiring about the nature of the dispute;
ii. Identifying disputant;
iii. Being aware of potential weapons in surroundings;
iv. Determining if persons are in other rooms, whether
children or adults, and the extent of any injuries.
These persons should be separated from the parties
involved and kept out of hearing rang so their status
as possible witnesses won’t be compromised.
v. Protecting the victim from further abuse. Separate
the victim from the assailant and arrange for
medical attention if necessary. If the victim appears
injured and yet refuses medical assistance, carefully
document any observed injuries, as well as the
refusal of medical treatment. Photograph the
victim’s injuries whenever possible.
vi. Ascertain whether a protective order has been
violated.
g. If weapons (whether firearms, knives, or any other object
which could be used as a weapon) are present, secure them
away from the disputants, if practicable, while the
disputants are being interviewed. If officers determine that
weapons should be removed from the premises, contact the
field supervisor. Virginia Code 18.2-308.1:4 which
prohibits persons under protective orders from purchasing
or transporting firearms.
4. Transporting family/household members to the hospital, safe
shelter, or magistrate. See Virginia Code 16.1-253.2 (concerning
transportation services for victims).
a. Officers shall assist victims in obtaining transportation to
another location as they wish as to the circumstances
require. If necessary, officers may transport victims.
b. If a complainant seeks officers’ help in entering his or her
residence to obtain personal property, the officers must
determine that the complainant has lawful authority to do
so; must advise all parties that they are accompanying the
complainant to obtain items for immediate personal use (or
children’s) use; that they officers’ function is to maintain
order, that any dispute over property is a matter for the
courts to decide.
B. Interviewing all Disputants
1. Ensure safety and privacy by interviewing the victim in a place
separate from the assailant, if identifiable.
2. Critical to the success of the interview is the officer’s manner.
Officer must listen, show interest in the disputants and their
problem, and remain aware of nonverbal communications
signals.
3. Officers shall attempt a low-key approach in domestic violence
cases. Maintain good eye contact through natural, spontaneous
glances, and demonstrate interest and encourage the victim to
continue speaking.
4. If possible, separate the parties to that they can individually
describe the incident without interruption. (This may help the
parties relieve emotional tension). Although the disputants may
be separated, officers shall remain within sight and hearing of
each other.
5. After the parties have given their statements, the officers should
ask about details for clarification, and summarize the stated
accounts (which allows the parties to point out anything that
might be misrepresented).
C. Interviewing the Victim: Ascertain the following information from the
victim:
1. What happened;
2. Any injuries, who caused them, and what weapons or objects
were used;
3. Relationship to assailant;
4. Any threats made against victims or others;
5. Forced sexual contact against victim’s will;
6. Any court cases pending against assailant or any protective
orders in effect;
7. Is assailant on probation or parole;
8. Did assailant threaten others, particularly children, damage
property, or hurt pets.
D. Interviewing Witnesses
1. Interview any witnesses to the incident – children, other family
members, neighbors – as soon as possible.
2. Remember that witnesses may be experiencing significant
emotional crises that might influence the accuracy of their
accounts.
3. If witnesses provide information about prior assaults, document
them to help establish a pattern.
4. Children of disputants should be interviewed with care and
kindness. Sit, kneel, or otherwise be at their level when speaking
to them. Signs of trauma or abuse should be noted.

IV. PROCEDURES: ISSUING AN EMERGENCY PROTECTIVE ORDER


A. If an officer has at least a reasonable belief that family abuse has occurred
and there exists probable danger of further abuse, the officer shall petition
a judge or magistrate to issue an emergency protective order. Officers
shall advise the victim, too, that he or she can request an emergency
protective order directly from a magistrate.
B. An officer can petition for an emergency protective order by telephone or
in person.
C. The order will be valid until 05:00pm on the next day that J & DR Court is
in session or 72 hours after issuance, whichever is later. The officer shall
attempt to serve the order as soon as practicable to the assailant.
D. The officer shall complete form DC-626 and serve a copy to the
respondent as soon as possible. The dispatcher shall enter the relevant
information into VCIN as soon as possible and update the entry upon
service of the order.
E. The officer shall submit the original order to the issuing judge or
magistrate, provide a copy to the victim, and attach a copy to the incident
report.

V. PROCEDURES: ARRESTS
A. Officers may make an arrest without a warrant if they have probable cause
to believe that a felony has been committed in or out of his or her presence
(Virginia Code 19.2-81). The Code specifies the misdemeanors for which
officers can arrest for offenses not committed in their presence. Further,
the department promotes a policy of arrest when the elements of an
appropriate offenses are present. Officers are reminded that they cannot
release the abuser on a summons, but must take the abuser before a
magistrate.
B. Officers who develop probable cause that a person was the primary
physical aggressor in a violation of Virginia Code 18.2-57.2
(assault/battery against a family/household member) or Virginia Code
16.1-253.2 (violation of a protective order) shall arrest and take him or her
into custody (Virginia Code 19.2-81.3). (If the “no contact”, “no
trespass”, or “no further abuse” provision of a protective order is violated,
then it is treated as its own Class 1 Misdemeanor offense).
1. When the safety of the complainant or victim could be
compromised by an arrest, or some other circumstance precludes
physical arrest, the officer must decide, within his or her
discretion, whether to arrest. Officers shall not instruct victims
to obtain warrants for applicable offenses; officers themselves
shall obtain the warrants if circumstances so require.
a. If an arrest is made, advise the victim that the case may be
prosecuted even if the victim later declines to testify.
b. If officers cannot identify a primary physical aggressor,
then they should not make an arrest (but thoroughly
document the incident). Further, officers shall not threaten
to arrest all parties involved for the purpose of discouraging
future requests for law enforcement intervention.
2. In cases where the conditions of a protective order have been
violated (Virginia Code 18.2-119), officers shall review the
victim’s copy of the order, checking it for validity. If an
protective order exists and its terms (“no contact,” “no trespass,”
or “no further abuse”) are violated then the officer shall arrest the
violator if probable cause exists. Officers shall honor court
orders from other states. If officers are unable to verify an
outstanding protective order, they must nevertheless honor it.
Officers cannot arrest for violations of the order, however, if the
violator has not been served with it.
3. Officer making arrests under Virginia Code 19.2-81.3 shall
petition for an emergency protective order (Virginia Code 16.1-
253.4). If the officer does not arrest but a danger of family abuse
still exists, the officer shall petition for an emergency protective
order.
a. If children are involved in the incident, officers shall
contact the on-call Child Protective Services (Social
Services) worker if the child is abused or neither parent can
reasonably look after the child’s safety and well-being.
b. If the abuser is not present, officers shall try to serve the
protective order as soon as possible and shall so advise the
victim once service has been made (and officers shall
arrange to have the order entered into VCIN as soon as
practicable).
4. In determining probable cause, the officer shall not consider:
a. Whether the parties are married or living together, or their
race, sex, ethnicity, social class or sexual orientation;
b. Whether the complainant has not sought or obtained a
protective order;
c. The officer’s own preference to reconcile the parties
despite the complainant’s insistence that an arrest be made;
d. That the complainant has called for law enforcement
protection previously and has not pursued or has withdrawn
the criminal complaint against the abuser;
e. That the complainant has not begun divorce proceedings;
f. Assurances of either disputant that violence will stop;
g. The lack of visible bruises or injuries;
h. Denial by either disputant that violence occurred.
5. Officers shall be alert to the elements of a stalking arrest. Ask
victims:
a. Is the assailant following you or did he or she follow you;
b. Is the assailant harassing your or did he or she harass you;
c. Is the assailant threatening you or did he or she threaten
you?
C. Arrest is the most appropriate response when these factors are present:
1. Serious intense conflict or use of a weapon.
2. Pervious injury or damage.
3. Previous court appearance against the offending party;
4. Pervious attempt to sever the relationship;
5. Second call for law enforcement help;
6. When a felony has occurred;
7. Evidence or drug or alcohol use in the assault;
8. Offense committed with the officer present;
9. Valid warrants on file for other crimes;
10. A protective order has been violated. Charge as a Class 1
Misdemeanor under Virginia Code 16.1-253.2;
11. Aggressive behavior toward anyone, pets, anything, or
threatening behavior.
D. Making the Arrest
1. Arrest the assailant if he or she is present, apply handcuffs,
inform him or her that the decision to arrest is a law enforcement
one, and transport securely to the jail/magistrate.
2. If the assailant is absent, transport (or arrange transportation for)
the victim to a safe shelter or other appropriate place. Have
circulated a “be-on-the-lookout” message describing the assailant
and arrange for an arrest warrant.
3. If an arrest must be made because a protective order has been
violated, verify its validity by:
a. Examining the victim’s copy, if available;
b. Having communications search VCIN or contact the
jurisdiction that issued the order to confirm its currency.
E. If the Abusive Person is not arrested:
1. Complete an incident report and give a copy or arrange to have a
copy given to the victim.
2. Inform the victim that he or she can begin criminal proceedings
at a later time. Provide information about how to file a criminal
charge, including time, location, and case number, if available,
and offer to help in filing charges at a later time.
3. Advise the victim of the importance of preserving evidence.
4. Explain to the victim about protective orders and restraining
orders and how to obtain them and offer to help the victim obtain
them later.
5. If the victim wants to leave the premises to ensure safety, remain
at the scene while the victim packs essentials. Advise the victim
to take only personal items plus important papers.
6. Give the victim the telephone number of emergency shelters in
the area and the police/sheriff emergency number.
7. Assure the victim that you (your agency) will assist in future
emergencies and explain measures for enhancing his or her own
safety.
F. Gathering Evidence
1. Physical evidence takes three forms in domestic violence cases:
the injures of the victim, evidentiary articles that substantiate an
attack, and the crime scene itself.
2. The victim’s account of injuries sustained should be corroborated
by a physician.
3. When feasible, take photographs of injuries.
4. Photograph of the crime scene to show that a struggle occurred;
if photography is not possible, write a description of it.
5. Collect evidence according to the same principles as applied to
any crime scene.
6. If the assailant is under a protective order and appears to have
purchased or transported a firearm, confiscated it as evidence of
Virginia Code 18.2-308.1:4.
7. Seize any weapons that the primary physical aggressor used or
threatened to use in the commission of any crime.
8. Obtain statements from all witnesses, particularly noting any
excited utterances that bear on the incident.
G. Documenting the Incident
1. All incident reports on domestic violence shall follow general
reporting procedures with special attention to the victims
services crime reporting procedure.
2. Include in all reports of domestic violence:
a. Facts and circumstances of domestic violence including a
description of why one disputant was deemed the primary
physical aggressor;
b. Victim’s statements as to the frequency and severity or
prior incidents of abuse by the same family of household
member.
c. The victim’s statements as to the number or prior calls for
law enforcement assistance;
d. The disposition of the investigation.
3. If an arrest is not made, the incident must be documented, where
either no probable cause existed, or circumstances dictated
another course of action. In such cases, in addition to the above
considerations, officers shall note:
a. What referral information was given;
b. The name of any counselor contacted;
c. Why no arrest was made, nor any warrant issued.
4. If children were present, make a report of abuse or neglect, if
appropriate, and forward it to Child Protective Services.
5. Regardless of whether an arrest is made, the officer shall provide
appropriate information to the victim, both orally an in writing,
about legal and community resources available.
H. Arrests of Law Enforcement Personnel
1. If the primary physical aggressor or abuser is an appointee of this
agency, the responding officer shall summon the field supervisor,
who shall in turn notify the Sheriff or Chief Deputy.
2. The scene shall be secured and medical attention summoned, if
required. The appointee shall be disarmed or removed from
access to weapons.
3. The on-call investigator shall be summoned who shall begin an
internal criminal investigation.
a. If probable cause exists to arrest, the investigator shall
arrest and gather evidence (including taking photographs)
consistent with this general order.
b. The assigned investigator shall work with the responding
patrol officer to ensure that the victim receives medical
attention, if necessary, is transported to a hospital or safe
shelter, and that all reports are completed, evidence
gathered, and photographs taken.
c. The investigator shall speedily present the case to the
commonwealth’s attorney.
4. Upon termination of the criminal investigation, the sheriff may
assign an officer to undertake an internal administrative
investigation into the incident. The sheriff may suspend the
employee pending the outcome of the investigation.
a. Suspended appointee shall immediately turn in all agency
issued weapons, vehicles, badges, and identification to the
sheriff or chief deputy.
b. If the internal administrative investigation supports a
violation of agency policy, the sheriff shall take appropriate
action. Further, if the investigation confirms the domestic
violence occurred, the sheriff may require counseling,
psychological evaluations, demotion, or terminations of
employment.
c. Recently enacted federal law states that any person
(including a law enforcement officer) convicted under any
state or federal law for a misdemeanor involving the use,
attempted use of physical force, or the threatened use of a
deadly weapon when committed by a current or former
spouse, parent or guardian of the victim, a person sharing a
child in common, or a cohabitant of the victim (past or
present), is prohibited from shipping, transporting,
possessing, or receiving firearms or ammunition. The
offense may have occurred at any time. Law enforcement
officers convicted of offenses involving weapons or threats
of force may therefore by unable to maintain their
certification.
5. The sheriff will ensure that any court orders or injunctions are
served to the appointee at the agency. The sheriff shall ensure
the legal papers are served in a private setting so that supervisory
personnel can coordinate process service with counseling or
psychological services.
a. The appointee’s supervisor shall monitor behavior. Upon
service of any court papers, the supervisor shall be present
to review any affidavits supporting such papers. The
supervisor shall stay alert to behavior that may be unseemly
or indicative or problems requiring professional
intervention.
b. Officers are reminded that they are required to notify the
sheriff or any civil or criminal action pending against them.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 77 EFFECTIVE DATE: 05/01/04

JUVENILE PROCEDURES

I. POLICY
The department’s interests concerning juvenile offenders reflect those of the
community: to prevent and control juvenile delinquency. The department
expects offices to handle juveniles consistent with common sense and the
dictates of state law. The department’s policy includes the identification,
apprehension, and conviction of juveniles charged with crimes. The best
interest of juveniles and the community; however, dictate a limited application
of our arrest powers against juveniles who are charged with status offenses.
Accordingly, officers may handle errant juveniles informally, particularly
status offenders, those in need of protection, and those suspected of
committing minor criminal offenses. The authority to carry out the provisions
of this order derive from Virginia Code Sections 16.1-246, 16.1-247, and
16.1-299. In case of minor or status offenses, officers should divert juveniles
from the formal criminal justice process, and instead choose community
referral.

II. PURPOSE
The establish guidelines and procedures for handling juveniles ho are in need
of protection, in violations of status offenses, and those charged with criminal
offenses.

III. DEFINITIONS
A. Child, Juvenile, Minor: A person who is less than eighteen years of age.
B. Status Offender: A juvenile who commits an act which is unlawful only if
committed by a juvenile, i.e., (1) a juvenile who is subject to a compulsory
school attendance but is habitually absent without justification (truant); (2)
a juvenile who is habitually disobedient to the lawful commands of
parents or other responsible persons (incorrigible); (3) a juvenile who
remains away from or who habitually deserts or abandons the family
(runaway).
C. Delinquent Acts: Acts designated as a violation of a law of the
Commonwealth of Virginia or an ordinance of any city, county, town or
federal law, but not include status offenses.
D. Delinquent Child: A child who has committed a delinquent act or an adult
who had committed a delinquent act prior to his/her 18th birthday.
E. Intake Officer: A juvenile probation officer who is designated by law as
having the quasi-judicial authority to decide probable cause, divert or
petition the court and leave a detention or shelter care order.
F. Juvenile Court: The name by which the Juvenile and Domestic Relations
District Courts is often called. This court is responsible for the judicial
processing of juvenile offenses, and the determination of abuse and
neglect cases. As a result, the judge of this court decides the propriety and
legality of officers’ handling of juveniles.
G. Person Acting for a Parent: A teacher, relative over the age of eighteen, or
any adult willing to accept the responsibility for the juvenile.

IV. PROCEDURES – GENERAL


A. Overview
1. All members of the department will cooperate with juvenile
justice and support activities. Department polices regarding
juvenile operations will be provided to local juvenile court
personnel for their review and comments and suggestions as to
ways our procedures can be improved.
2. All department personnel must thoroughly understand and
practice the provisions of this order.
B. Handling of juvenile offenders – General
1. A juvenile offender should be handled with firmness and respect:
this sets the tone for the entire processing of the juvenile’s case.
The contact a juvenile has with the officer is his of her first
impression of society’s enforcement system. The officer’s
proper handling may prevent the recurrence of ant-social
behavior. An officer’s warning is often all that is required to
keep the juvenile from having to appear in juvenile court.
Improper handling often creates the mistaken but lasting
impression that all officers and other government officials are
unfair, untrustworthy, and inflexible, and may result in the
juvenile’s complete rejection of lawful authority.
2. The juvenile justice system and laws are designed to give the
child a chance to mature without bearing the stigma of a criminal
record. The juvenile justice system emphasizes confidentiality of
records and the privacy of an ad judicatory hearing. Terms such
as “take into custody” and “not innocent” substitute for “arrest”
and “guilty” to avoid giving the juvenile’s behavior a criminal
label. Where appropriate, officers shall reasonably try to keep
juveniles out of the criminal justice system.
C. Guidelines for informal of formal handling
1. The officer may handle a juvenile either informally or formally.
Informal handling is managing a situation by releasing the
juvenile under warning to a parent or guardian. This requires
either the parent picking up the child or the officer taking the
child home and informing the parents of the alleged offense.
Formal handing occurs when the juvenile is brought before the
juvenile court or an intake officer for further processing and
deciding the proper disposition.
2. In making the decision to handle either informally or formally,
the officer should consider the following:
a.Seriousness of the offense.
b.Prior record of the child
c.Age of youth.
d.Cooperation and attitude of all parties (child, parent,
victim) and the possibility of the offense being repeated.
e. Degree of wrongful intent, violence, premeditation,
knowledge of violation.
f. Likelihood that the child or parent can be successfully
referred to a helping agency.
D. Informal Handling:
1. Informal handling includes the officer’s use of:
a. Warning and releasing to a parent or guardian.
b. Requiring the parents to pick up the juvenile.
c. Taking the youth home and informing the parents of
reasons for his/her being picked up.
d. Referring the family to a community social service agency.
e. When handling the juvenile informally, the officer must
ensure that the parents are notified.
2. Notes on informal handling
a. When handling informally, the officer shall complete a
juvenile history sheet. This provides the department and
juvenile court with a means of charting the juvenile’s
behavior patterns.
b. A juvenile’s right of privacy must be respected. Guidelines
for discussions of this type of case should be strictly
observed, and information gained should be provided to
others only on a “need to know” basis.
c. When the officer encounters a victim/complainant who
demands to bring a child before the juvenile court, and it is
believed that matter should be handled informally, the
officer shall contact the intake officer for assistance.
d. Even when he is being handled informally, the juvenile has
all the constitutional rights that an adult would have in the
same situation.
e. Even if officers handle a case informally, they may still
follow-up the case at a later time, or, at any time, refer the
juvenile and his parents to an appropriate social service
agency.
3. Sample offenses for informal handling
Generally, first offenses involving the following types of
offenses should be handled informally; however, the list is not
complete and officers’ good judgment is important.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 78 EFFECTIVE DATE: 05/01/04

HOSTAGES

I. POLICY
Hostage and barricade situations present special problems to law enforcement
officers and citizens because of their danger. Each hostage/barricade situation
is different, but a basic plan may provide officers with guidelines to help
defuse the situation safely. Whatever situation does arise, the department
expects its officers to react logically and sensibly. Above all, officers shall
not fuel a hostage taker’s stress but should strive to contain or limit the
situation.

II. PURPOSE
The purpose of this general order is to establish procedures to follow should a
hostage/barricade situation arise.

III. PROCEDURE
A. General
The first 10-20 minutes of a hostage/barricade situation are the most
emotionally charged and, therefore, offer the greatest danger. Stress is
high among officers and citizens involved. Normally, there is no need to
rush a solution; time may reduce stress and allow communication to begin.
Additionally, time is needed to assess the situation and to secure the
surrounding area.
B. Dispatcher responsibilities
Since dispatchers may be the first to receive information concerning a
hostage/barricade situation, they shall attempt to gather as much
information as possible and transmit it to officers in the field clearly and
quickly so upon arrival at the scene they are aware of the dangers.
Information gathered by dispatchers shall include:
1. Where is the event taking place?
2. Where is the complainant calling from (number and location)?
3. What are the complainant’s name and telephone number?
4. Can complainant see the scene?
5. Are the suspects armed? With what?
6. What do the suspects look like and how may are there?
7. Are there any other persons involved? If so, how many?
8. Is there an officer already there or approaching the scene?
9. Attempt to keep person on phone until responding units arrive.
C. Responsibilities of first officer and supervisor on the scene.
The duties and responsibilities of the first officers on the scene will
include:
1. Assess whether a hostage/barricade situation exists.
2. Inform dispatch and request the supervisor’s presence and
additional back-up.
3. Attempt to contain the situation at its present location.
4. Safely remove all innocent person from the danger area. Those
persons who cannot be immediately removed shall be instructed
to seek protection where they are if gunfire is taking place.
5. Inform the on-duty supervisor of all pertinent facts upon his
arrival.
6. Assist the on-duty supervisor in gathering as much information
as possible about the situation, including:
a. Suspect:
i. Location – floor, room, roof, basemen?
ii. What types of weapons does he possess (handguns,
rifles, hand grenades, dynamite, etc.)?
iii. Who is he – criminal suspect (burglar, rapist),
mentally ill, militant? Complete physical
description? Mental and physical condition?
iv. What is his purpose?
v. What crime has he committed?
b. Hostage – physical description (age, height, weight, sex,
hair, etc.)? Physical and mental condition?
c. Location:
i. Interior and exterior descriptions.
ii. Identify all possible escape routes.
iii. Determine locations or service (water and
electricity) connections.
iv. Determine in which rooms telephones are located.
v. Determine if police scanner is in the building.
D. Supervisor’s responsibilities
Upon arrival at the scene, the supervisor will assume command of all
personnel and make all appropriate decisions until he is relieved by higher
authority. Duties and responsibilities of the supervisor include:
1. Decision to notify appropriate personnel within department and
support agencies.
a. The supervisor shall notify the Sheriff.
b. After determining the danger of the situation, the
supervisor or his designee will make the appropriate
notifications, which may include callbacks.
c. Call back of departmental personnel – see Unusual
Occurrences.
d. Rescue Squad – to stand by in general area.
e. Hospital emergency room – alert to possible injuries.
f. Fire department – to stand by in general area.
g. State Police – to provide specialized services such as K-9
unit, helicopter. Contact State Police, see Jurisdiction –
Mutual Aid.
h. News media – to inform public to stay out of the area.
2. Establish an inside and outside perimeter to ensure a safe area in
which to operate.
3. Establish a command post in a safe area while maintaining
observation of a scene.
4. Arrange for the evacuation of any injured persons.
5. Arrange for and supervise the evacuation of any bystander in the
danger area. If bystanders cannot be evacuated, they will be
instructed to seek protection where they are.
6. Establish communications with the suspect or suspects to
determine their demands or intentions. Some guidelines to be
followed in establishing communications include:
a. Attempt to locate relatives, friends, or neighbors.
b. The telephone company will assist if a telephone number is
needed. See Code of Virginia, Section 18.2-50.1,
“Emergency control of telephone service in a hostage or
barricaded situations; penalty.”
c. If unable to contact the suspect telephonically, use public
address system or the bull horn.
d. Have a relative or friend converse with the suspect, but do
not allow that person to go inside the building.
e. Make every effort to persuade the suspect to surrender
voluntarily before using force.
E. Special equipment
Hostage/barricade incidents may require the use of specialized equipment
on the scene.
1. All officers assigned to the immediate area of danger will wear
protective vests.
F. Use of force/chemical agents
The on-duty supervisor following consultation with the sheriff will
authorize the use of force or chemical agents.
G. Negotiating with barricaded persons/hostage taker
Negotiation involves establishing trust between the hostage taker and the
negotiator which involves some “give and take” on both parts. Of primary
importance is establishing a dialogue.
1. In negotiating, practically all demands are negotiable except:
a. Supplying the hostage with weapons.
b. Additional hostages or exchange of hostages.
H. Chase/surveillance vehicle/control of travel route
The on duty supervisor will ensure that, should the hostage taker get a
vehicle, all possible routes of travel are covered by units. Additionally,
surveillance vehicles may be assigned in order to observe the activities of
the hostage takers.
I. De-escalation
Once the hostage taker has been captured, the following actions shall be
performed:
1. The suspect shall be removed from the scene immediately in a
screened unit. His rights shall be read to him and he shall be
searched by the officer assigned to investigate the case. He shall
be taken directly to headquarters.
2. Hostages shall be removed immediately upon capture of the
suspect.
a. Radio communications shall be made that the hostages are
coming out.
b. Medical treatment shall be provided, if needed.
c. Find a quiet area so that hostages maybe united with their
families.
d. The on-duty supervisor shall assign the investigator to
interview each hostage to obtain statements.
3. The crime scene shall be preserved until processed for evidence
by officers assigned.
a. The area will remain cordoned off until the on-duty
supervisor declares it open.
b. Units that are no longer needed shall be cleared for normal
assignments by the on-duty supervisor.
c. Investigations shall be made into surrounding property
damage, e.g. bullet holes in neighboring buildings or
destroyed lawns and gardens. Investigations should include
pictures.
J. After actions reports
The on-duty supervisor shall submit a comprehensive report to the sheriff
on all hostage/barricade incidents containing all facts.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 79 EFFECTIVE DATE: 05/01/04

BOMB THREATS

I. POLICY
Bomb threats and actual bomb emergencies present a serious threat to officers,
the public, and to property. Presently, more actual bombings of public and
private buildings have occurred than at any time this century. Law
enforcement must be able to effectively respond to all bomb threats, assess
them, and handle each efficiently to provide for the safety of the general
public. Additionally, officers must be able to properly investigate bomb
threats/bomb emergencies in order to apprehend those responsible.

II. PURPOSE
The purpose of this general order is to establish procedures for handling bomb
threats and actual bomb emergencies.

III. PROCEDURES
A. Administration
1. The on-scene supervisor shall have the authority to implement
this plan and will assume command of the operations until
relieved by the sheriff.
2. In accordance with investigations, bomb threats will normally be
investigated by officers, while actual bombings will require the
assignment of investigators. The on-scene supervisor may
decide it appropriate to call out the investigator if the threat
involves extortion or terrorism.
3. The FBI must be notified of any actual bombings. Bomb blasts
in schools or at federal installations will be investigated by the
FBI.
B. Duties and Responsibilities – The duties and responsibilities of the
dispatcher receiving a bomb threat/bomb emergency call include:
1. Obtain as much information as possible such as:
a. Exact location of the bomb.
b. Time set for detonation
c. Description of the bomb and type of explosion.
d. Appearance of bomb (pipe, etc.)
e. Reason for bombing
2. Notify and dispatch the sheriff (if actual bombing) to the scene.
3. Record pertinent information.
C. Duties and responsibilities of the on-duty supervisor – Upon notification
by the dispatcher, the supervisor will immediately respond to the scene.
Radios shall be turned off. Additionally, the supervisor shall:
1. Assess the situation, make a determination of notification of
command personnel, investigative personnel, or FBI.
a. If a call back of additional officers is necessary, the
dispatcher will be instructed to do so in accordance with
GO under Unusual Occurrences.
b. Determine what outside agency shall be notified or
assistance requested such as fire, rescue, hospitals, the FBI,
and Virginia State Police.
c. If a bomb is found, have the dispatcher contact the State
Arson Investigator’s Office.
2. Interview the person who received the original call. All details,
such as the caller’s voice, mannerisms, background noises, and
the time shall be gathered. The time the call was received is
most important since most bombs are activated by a watch or
clock which restricts the “bomber” to a 12-hour period or less.
Play back tape recording of the bomb call, if one was made.
3. Instruct officers about traffic control in general area.
4. Establish a security perimeter around the scene.
5. Coordinate with outside agencies that have been called, as they
arrive.
D. Duties and responsibilities of investigating officer – Upon arrival at the
scene, the investigating officer will assume responsibility for the
completion of the preliminary investigation and begin a follow-up in
accordance with GO under Investigations. If an actual explosion has
occurred, detailed investigation and crime scene processing should await
the arrival of an investigator.
E. Evacuation
1. The final decision to evacuate a building must be left up to its
management. The role of law enforcement is to provide
information and recommendations which management officials
may use in making the evacuations decision.
2. If the decision is made to evacuate the building, officers may
assist in the process.
F. Searching the premises
1. The decision to search a building is also a building management
decision, with police providing recommendations. Since
building employees are most familiar with the building and the
space therein, part of the building management responsibility
includes providing assistance to law enforcement/fire department
personnel searching the building.
2. When the decision to search has been made, the on-scene
supervisor will designate the search team(s) as needed,
depending on the size of the area to be searched.
3. Officers shall coordinate the search to avoid repetition. Care
should be exercised; however, to impress upon the searchers the
importance of not disturbing any suspected bomb that may be
located. A floor plan of the building shall be obtained and be
available for immediate reference.
4. All areas open to the public shall be given special attention:
restrooms, trash receptacles, stair wells, elevator shafts, etc.
Custodians shall be directed by their own supervisors, on police
orders, to check their closets and storage areas for any unusual
objects and supervisors shall ask their subordinates to check their
work areas for unusual objects.
5. Noting shall be done to change the environment of the area
search, such as cutting on light switches or thermostats until the
area has been searched thoroughly using flashlights. DO NOT
USE RADIOS when approaching or searching the area. DO
NOT SMOKE.
6. Never tell management personnel that everything is all clear.
Tell them that the search revealed nothing, but let them make any
decisions concerning re-occupation of the building or area.
7. If the search reveals unusual device or bomb, officers shall not
attempt to disarm or move it in any manner. The explosive may
contain an anti-disturbance device and should be approached
only by explosive experts. The main concern is to safeguard
lives by isolating the area. If a suspected bomb is found, the
dispatcher shall contact the State Police; the Explosive
Ordinance Disposal Unit at the State Police Headquarters is
Salem. A disposal team will respond to handle the device, and
has all necessary equipment to handle disposal operations.
G. Communications – Due to the danger of possible bomb detonation from
radio transmissions all portable and unit radios at the scene will be turned
off. Communications between the supervisors and dispatch will be
through the use of the telephone or an officer can be sent several blocks
away to transmit messages using the unit radio.
H. Scene protection/evidence collection – If an explosive device has been
detonated, the scene will remain protected until the investigator or outside
agency arrives to begin scene processing. Officers/investigators will give
any assistance requested by the outside agency.
I. After-action report – Offense reports will be completed on each bomb
threat/bomb emergency. Additionally, an after-action report will be
completed by the supervisor to the sheriff relating all facts of the incident
and recommendations, if appropriate.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 80 EFFECTIVE DATE: 05/01/04

SERIOUS INCIDENTS

I. POLICY
A. It is the department’s policy to ensure that the Alleghany Sheriff’s Office
considers all violations of the law to be serious. It is the intention of this
policy to set forth guidelines which will aid in the protection of the
citizens of Alleghany County and the City of Covington, to provide a
sufficient number of law enforcement personnel to aid in the apprehension
and prosecution of an offender, and to ensure that there are enough
officers to properly handle and investigate the crime scene.
1. It is not possible to address all circumstances which are, or could
be considered major. But for the purpose of this policy, it will be
established that the following crimes will be placed in one
category but are not limited to these:
a. Homicides
b. Hostage Situations
c. Violent Rapes
d. Escapes
e. Armed Robberies
f. Suicides
g. Discovery of Human Remains

II. PURPOSE
To establish the procedure for a call-out system in the event of a major crime
and to make available personnel to search, secure, protect and process a crime
scene.

III. PROCEDURE
A. Different circumstances will dictate who, how many, certain teams, or
additional personnel will be called out and dispatched to the scene. If it is
questionable whether to call out someone, the Sheriff shall be notified and
the decision left to him.
1. After it has been found to be a Serious Incident, such as listed
under the policy section in Part I, the Officer in charge will
notify the Sheriff as soon as possible.
2. The Sheriff will decide on the personnel to be contacted to
handle the serious incident. The Sheriff may contact one or a
combination of the following:
a. Additional Sheriffs’ Office Personnel
b. Alleghany Sheriff’s Office SWAT
c. Major Crime Response Team
d. Fire and Rescue Personnel
e. Any other Departments, personnel or resources that may be
needed.
B. It will be the responsibility of the Sergeant of the Senior Officer on the
scene to use good judgment in calling the Sheriff or other decisions that
may have to be made.
C. The Sheriff’s role will be to oversee all aspects of the crime scene, direct
the investigation, coordinate media releases, and assign duties as the
incident may need. Depending on the personnel called to the scene.
D. The Chief Deputy will assist the Sheriff in his duties.
E. Depending on the personnel called to the scene by the Sheriff, assignments
will be made by the Sheriff to handle the situation or serious incident.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 81 EFFECTIVE DATE: 03/01/2017

RADAR POLICY

I. Policy
A. All radar operators will the trained in accordance with the current regulations of the
Virginia Department of Criminal Justice Services as follows:
1. Basic Training:
a. Operator’s School – Sixteen (16) hours (minimum).
b. Proficiency Testing (to 16 learning objectives).
c. Field Training – Eight (8) Hours (minimum) with four (4) hours at night.
2. Retraining:
a. Four (4) hours of refresher training.
b. Proficiency testing (to sixteen (16) learning objectives).
3. Departmental Radar Operator Proficiency Testing:
a. Kustom Signals and “GOLDEN EAGLE”, dual antenna radar units, with same
lane and opposite lane modes.
(1) Basic Training and Retraining as above.
(2) Annual Proficiency Testing.
(3) The “GOLDEN EAGLE” must be operated at a minimum of four (4) hours
monthly.
(4) Testing
(a) Training/Testing Objectives
1. Identify the acronym RADAR
2. Identify the three (3) characteristics of radio waves transmitted by a
police radar device.
a. Signal Speed
b. Wave length
c. Frequency
3. Identify Relative Motion
4. Identify how the Doppler Principle applies to stationary radar.
5. Identify how the Doppler Principle applies to moving (same &
opposite direction) radar.
6. Identify the three factors that affect the radar “decision” process.
a. Reflective capability
b. Position
c. Speed
7. Identify the elements in tracking history stationary radar.
8. Identify the elements in a tracking history moving radar (same &
opposite lane).
9. Identify the factors producing false readings (stationary and moving).
10. Identify the tolerance for internal circuit and light tests.
11. Identify the tolerance for the external turning fork test.
12. Identify the tolerance for the patrol speed.
13. Identify the record keeping requirement for radar use.
14. Identify the significance of the following cases:
a. State vs. Dantonio
b. Honeycutt vs. Commonwealth
c. State vs. Hanson
d. State vs. Tomanelli
15. Identify the six elements of a successful speeding prosecution.
a. Driver Identification
b. Location
c. Speed
d. Conditions
e. Tracking history
f. Vehicle Identification
16. Identify the purpose of the radar device range control.
a. Hands on Performance
i. Set up, test, and operate the radar device used by the Division
ii. Demonstrate the ability to make visual speed estimated to + or
– five (5) miles per hour in both the moving and stationary
modes.
b. Written testing may be conducted by any DCJS certified instructor.
B. All radar operators will be trained on the specific radar units in operation by the Division.
Operators will not operate a unit until they are trained and certified by a radar
instructor to do so.

II. Areas of Operation


A. Stationary radar will be operated in all areas of the county only if the location you are
operating is a safe location and you have a legal right to operate stationary radar in that
location. (ex. State maintained highway)
B. Moving radar will be operated in all areas of the county.

III. Safety
A. Stationary radar will only be operated in areas where there is adequate site distance to
allow the operator to enter traffic lanes from the shoulder of the roadway safely. The
police vehicle shall be parked well off the traveled portion of the roadway.
B. Operators of moving radar will operate any police vehicle in a manner consistent with
safe operations procedures and in a manner so as to allow the public to safely react to the
drastic changes of direction and speed necessary in this mode of operation.
IV. Tolerance
A. This is a policy which is given as a guide to sheriff’s office personnel, and shall be
followed closely and summons issued or arrest made for lower speeds only when the
totality of the circumstances dictates stricter enforcement action. This may be changed to
bring it in line with the goals of the sheriff’s office.

V. Tests of Radar Equipment


A. Both stationary and moving radar equipment used by the division will be tested in the
following manner at the beginning and end of each shift of operation.
1. Internal Circuit Test.
2. Light Segment Test
3. 35 mph
4. 65 mph tuning fork.
5. Both tuning forks in the “moving” mode. Tuning forks are to be used to test the radar
unit before and after each shift of operation.
6. Speedometer comparison (calibrated speedometer) at speeds 5 mph under and 5 mph
above the posted speed limit (beginning and end of shift only).
7. Radar units and tuning forks shall be calibrated every six (6) months.
8. Speedometers of sheriff’s officer vehicles used for radar enforcement shall be
calibrated every six (6) months.
9. Copies of tuning fork, radar unit, and speedometer calibrations shall be filed with the
clerk of the general district court.

VI. Antenna Mounting


A. The antenna of radar units will be mounted on the inside of the vehicle either on the dash
or next to the “A” post. The rear antenna will be mounted on the rear deck or next to the
“C” post with the brackets provided for that purpose.

VII. Radar Operation


A. Stationary Radar:
B. Radar units may be used to check the speed of vehicles:
1. Traveling in either direction on two-lane roadways.
2. Traveling in either direction on three-lane roadways.
3. Traveling in either direction on a four-lane divided or undivided roadway
C. Moving Radar:
1. Moving radar may be used to check the speed of vehicles moving in either direction,
moving in same direction front and rear or moving in opposite direction front and rear
as long as both antennas are used.
VIII. Prohibited Activities (involving the use of radar)
A. Radar equipment will not be used for traffic speed enforcement during the following
circumstances:
1. Falling weather (heavy rain, snow, sleet, hail, etc.)
2. Areas of heavy fog
3. The roads or streets are snow covered, icy, or tire chains are used on the patrol
vehicle.
4. The “low voltage indicator” light is illuminated.
5. The “RFI” indicator light is illuminated.
6. The patrol vehicle is exceeding the posted speed limit.
7. The audio feature of the radar is not being used.
8. The radar unit fails any of the tests for accuracy listed in this policy. When a
malfunction is found the unit will immediately be removed from service, the
supervisor notified, and the unit placed in the field office with a brief note or e-mail
to the radar supervisor describing the malfunction.
9. Switching or trading radar units or radar equipment with any other vehicle.
10. Each radar and antennas are vehicle specific; they must stay together in the assigned
vehicle.
11. Any radio transmitter is being operated in the patrol vehicle or in close proximity to
it.
12. Sheriff office appointees will not operate more than one radar unit in any patrol
vehicle.

IX. General Rules


A. Positive identification of target vehicle must be made with visual confirmation of the
speed displayed.
1. Tracking history of the vehicle must be done.
WHEN IN DOUBT, NO ENFORCEMENT ACTION SHOULD BE TAKEN!!
B. The on-off switch should not be turned on and off in an attempt to defeat radar detectors,
the “hold” button should be utilized in this situation.

X. Recommended Care and Maintenance


A. As with all electrical or electronic equipment, protect from moisture. Should liquid of
any kind get inside the unit, remove power immediately and send for repair. Prompt
action can minimize damage
B. Other than the fuse, there are no user-serviceable parts in the unit. Replace fuses with the
correct size and type – excessive current due to oversized fuses will cause serious damage
not covered by warranty.
C. Do not pick up or carry the unit by the power or antenna cable. Do not yank or twist the
power cord, especially near the rear of the unit – broken wires inside the power cord are a
common cause of intermittent operation.
D. If the radar exhibits decreasing range over a period of time, the unit should be examined
by an authorized service center for possible receiver diode degradation. Receiver diode
degradation has no effect on the unit’s accuracy, but will result in unsatisfactory range.
E. All malfunctions of the radar unit or equipment that prevent the operator from running
radar shall be reported to the radar supervisor.

XI. Speedometer Checking


A. The procedures outlined below will be followed when checking and calibrating
speedometer of police vehicles:
1. Specifications for new cars will include the requirement that speedometers be
calibrated and certified by the factory.
2. Vehicles assigned to sworn employees in the field will have their speedometer
checked for accuracy every six months beginning from the date of issue. This check
will be made with radar in accordance with the procedures listed below:
a. A vehicle is a sheriff’s office vehicle and will be designated as a “test car” and its
speedometer verified by dynamometer.
b. The test car will then be used to verify the accuracy of a designated radar set. The
radar set will also be verified with internal calibration and tuning forks.
c. The designated radar set will be used to verify the accuracy of the speedometers
in all patrol cars assigned to the area.
d. At the conclusion of each day’s testing, accuracy of the designated radar will
again be verified by the test vehicle’s speedometer.
e. The test vehicle will be verified by dynamometer at six month intervals.
f. When the speedometer of the test vehicle is checked and found to be accurate, the
Deputy conducting the test will fill out a “Certificate of Speedometer Accuracy
Check,” in duplicate. The original of this form will be retained and a copy will be
left in the field office. The Deputy conducting the test will sign the original form
in the presence of a notary public as soon as convenient following the test.
g. When a patrol vehicle’s speedometer is checked out and found to be accurate, the
sworn employee conducting the test will fill out a “Certificate of Speedometer
Accuracy Check,” in duplicate. The original of this form will be retained in the
car and the copy will be filed at the area office. The sworn appointees’
conducting the test will sign the original form in present of a notary public as
soon as convenient following the test.
h. When a speedometer is checked and found to deviate by greater than two miles
per hour from the correct speed it will be rejected, repaired and checked again for
accuracy.

XII. Speed Enforcement


A. LIDAR – LIDAR is defined as a light detection and ranging device used to measure
speed of a motor vehicle. This unit(s) signals a steady beam of light at a single moving
object identifying a single vehicles speed and distance even through multiple vehicles.
LIDAR should be applied where the vehicle speed is a hazard to other motorists or
pedestrians. LIDAR should always be used in compliance with the manufacturer’s
instructions
1. Operators of the LIDAR unit(s) must understand the effective range and speed
measurements of the LIDAR unit(s) so they can support speed meter readings.
2. The operator must choose an appropriate location in accordance with the direction of
his commanding officer relative to high traffic volumes and/or citizen complaints.
The location(s) must be conducive to the effective and safe operation of LIDAR.
3. The LIDAR units(s) points of distance shall be properly calibrated every six months
by a licensed surveyor. Two (2) points of distance minimum of 10 feet away shall be
used for calibration purposes, and those points will be established by the instructor,
Sheriff or his designee. If there are any problems with the unit(s) or the calibration
points, the unit will be deemed out of service until fixed and should be reported to the
instructor, Sheriff, or his designee. In court you must establish the following
elements of LIDAR speed:
a. The time, place, and location of the vehicle, the identity of the operator, the speed
of the vehicle, point of laser shot on indicated vehicle and the
estimation/verification of speed.
b. Officer qualifications/training and use of the LIDAR.
c. Proper operation of the LIDAR.
d. The unit was tested for accuracy before and after shift by use of an approved
method and by department policy. (State vs. Hanson, 1978 Wisconsin Circuit
Court)
e. Identification of Vehicle
f. Speed limit in the zone in which officer was operating and where the signs are
posted.
g. The LIDAR unit(s) will be housed in the field deputies’ office and will be turned
in at the duration of the shift for the availability to the incoming shift.
4. The Sheriff or his designee is responsible for the proper care and upkeep,
maintenance, records and calibrations of LIDAR unit(s). Certifications are filed with
the department and the Clerks of District, Juvenile, and Circuit Courts, and copies of
said documents should be issued to department employees for case files.
ALLEGHANY COUNTY SHERIFFS OFFICE
GENERAL ORDER # 82 EFFECTIVE DATE: 06/01/17

K-9's

I. PURPOSE

To describe procedures in regard to a response system for the K-9 Units, care of the
canines and duties and responsibilities of the K-9 Officers and Patrol Officers.

II. POLICY

It is the policy of the Alleghany County Sheriff’s Office that the primary responsibilities
of the K-9 Units are to provide drug detection, interdiction and explosives detection. As
secondary responsibility the K-9 Units are to provide direct support to field patrol
officers through specialized functions, i.e., tracking, building searches, field and article
searches and bomb threats. In addition, the K-9 Units will carry out any other duties as
assigned by a supervisor.

III. PROCEDURES

During off-duty hours, it is the responsibility of the K-9 Officers to supervise and
maintain proper security over his K-9 partner at all times, and at no time shall the animals
be left unsecured. The animals shall be kenneled at a residence, on a leash or otherwise
constantly supervised. The Sheriff’s Office will provide the K-9 Officers with a proper
kennel and dog house. Daily maintenance shall include grooming, feeding, watering and
maintaining a clean and sanitary kennel.

Everything from the dog’s medical condition to the dog’s emotional state is the concern
of the K-9 Officers. The K-9 Officers will be responsible for the K-9 at all times, with
authorization from the Sheriff.

A. K-9 CALLS

1. The K-9 Unit may be requested to respond to certain types of calls:


a. E.R.T. call out
b. All Felony in-progress calls, if working at the time
c. Special Assignment;
(1) Drug detection capabilities
(2) Assisting outside agencies
(3) All call-out situations.
(4) Bomb Threats
(5) Firearms
2. At such calls, the K-9 Units will assist Patrol Units by performing the
following functions:
a. Trailing
b. Building searches
c. Area and field searches
d. Article searches
e. Drug detection
f. Drug detection in Alleghany Regional Jail
g. Assist with violence in Alleghany Regional Jail
h. Bomb search and detection

B. PATROL ACTIVITIES

1. The K-9 Units are responsible not only for the performance of its unique
capabilities, but also routine patrol duties if the K-9 is used for patrol
or drug detection.

2. Certain additional paperwork is mandatory for the K-9 Officers. (This


paperwork is designated in the K-9 Officers personal protocol manual).

C. ASSIGNMENT

Due to the variety of calls to which K-9 Units respond and assist with, it is desirable that
they not be tied down for extended periods. Special circumstances will arise when this is
not practical and in such instances, the K-9 Units may function as any other patrol unit.

D. USE OF FORCE

1. The use of a canine in an apprehension situation generally must be limited


to defensive action in the face of violent aggression, resisting or to prevent
the escape of felony suspects.

2. Misdemeanor or undefined circumstance must be carefully evaluated by


the K-9 Officers on the scene. The K-9 Officers are always responsible
for control and actions of their assigned Canines.

3. Verbal Warnings:

Unless it would otherwise increase the risk of injury or escape, a verbal


warning followed by a reasonable period for compliance shall precede the
release of the canine.

4. Considerations:

Before the canine is used to apprehend any individual the K-9 Officer at
the scene shall carefully consider all pertinent information reasonably
available at the time. The information should include, but is not limited
to:
a. The severity of the crime.

b. Whether the suspect poses an immediate threat to the safety of law


enforcement or others.

c. Whether the suspect is actively resisting arrest or attempting to


evade arrest by flight.

d. Any other information that an officer may obtain, at the time, to


assist him/her in the assessment of the situation or arrest.

E. DOG BITES

1. Any individual receiving an injury as the result of an encounter with a


Police Dog, no matter how minor, is to be transported to seek medical
treatment. A K-9 Incident Report will be prepared by the K-9 Officer and
will detail the specifics of the encounter and all related information,
including photographs of the injury(ies) sustained and all medical
information including treating facility and doctor rendering treatment.
Copies of the report will be forwarded to the Sheriff and Chief Deputy.

2. The Sheriff, Chief Deputy or Shift Supervisor shall conduct an


administrative inquiry into the bite incident and forward his/her findings to
the Sheriff.

3. The Sheriff may, at his discretion, request an independent investigation to


be conducted by another agency.

F. CROWD CONTROL

1. Use of a canine for crowd control is only by order of the Sheriff, Chief
Deputy or supervisor in charge.

G. DRUG SEARCHES

1. The same rules or search and seizure will apply to K-9 drug searches as
would apply to any police officer under normal circumstances.

H. ASSISTANCE TO OUTSIDE AGENCIES

1. All K-9 Unit requests for assistance (on or off duty) from outside agencies
require approval of the shift supervisor. An incident report shall be
completed for all outside agency assistance.
a. The K-9 Officers shall not contract the canine to any security or
guard service, nor use the Canine in any employment outside of the
Alleghany County Sheriff’s Office.

I. CALL OUTS

1. The K-9 Officers are subject to call out at any time. Such call outs are to
be initiated by the shift supervisor on the scene and under circumstances
where there is reasonable expectation that the canine can be of substantive
assistance.

J. DEMONSTRATIONS

1. The K-9 Officers will assist in crime prevention and public relations
through demonstrations performed for various civic and educational
groups. All demonstrations will be cleared through either the Sheriff of
Chief Deputy.

K. SCHEDULING

1. The K-9 Officers will normally be scheduled with patrol shifts.

L. UTILIZING POLICE CANINE SERVICES

1. The supervisor in charge of the scene may request assistance of the K-9
Unit if he/she determines the situation warrants the use of a canine.

2. The supervisor in charge of a scene, utilizing a K-9 Unit, will at no time


relinquish the responsibilities of that scene. The K-9 Officer is to assist
and advise at the scene, and has the final decision in the deployment of the
canine.

M. RESPONSIBILITIES OF THE ON-SCENE OFFICERS

1. Secure scene until the K-9 Unit arrives.

2. Do not contaminate the area if at all possible. Do not handle materials that
may be used by the K-9 Unit to accomplish its mission.

3. If a breaking and entering has occurred and the strong possibility exists
that the criminal is still within the structure:

a. Secure the building to prevent escape


b. Do not enter, unless ordered to do so by an Officer in Charge or
the K-9 Officer
4. Assist the K-9 Unit only as required by the K-9 Officer or the Officer in
Charge of the scene.

5. Keep clear of windows or doors.

6. Keep loud noises to a minimum.

7. Avoid excessive talking while the canine is working.

8. Keep lighting to a minimum and extinguish all unnecessary lights.

9. Keep area clear of civilian personnel.

N. INJURY TO THE K-9 OFFICER

1. When a K-9 Officer is injured, the following precautions shall be taken by


all on-site personnel:

a. DO NOT UNDER ANY CIRCUMSTANCE APPROACH THE


CANINE OR ATTEMPT TO RENDER IMMEDIATE FIRST
AID TO THE K-9 OFFICER, UNLESS FATALITY OR
PERMANENT INJURY MAY RESULT.

b. Officers will request medical assistance for an injured K-9 Officer.

c. Attempt to get the K-9 Officer to control the dog.

d. If possible, attempt to get another K-9 Officer or Officer in Charge


to remove the canine or control its actions.

e. Attempt to have an agitator, with a bite sleeve, have the dog bite
the sleeve and then lead the canine to the K-9 patrol vehicle.

f. IF A FATALITY OR A PERMANENTL SERIOUS INJURY


MAY OCCUR AS A RESULT OF DELAYED MEDICAL
TREATMENT, OFFICERS WILL TAKE ALL NECESSARY
STEPS NEEDED TO AID THE FALLEN OFFICER. THIS
INCLUDES DESTRUCTION OF THE ANIMAL IF THE
SITUATIONS WARRANTS THIS ACTION.

O. CONDUCT IN THE PRESENCE OF PATROL DOGS

1. No Employee of this Department shall tease or harass a Police canine.


Nor shall the K-9 Officers threaten or place his/her animal on offensive
against any employee. Except with permission of the K-9 Officer, no
employee shall command, pet, feed or remove the canine. The following
rules of conduct apply to all Sheriff’s Office personnel for their safety:

a. Treat the dog as you would a dog owned by a friend. Be friendly,


but not familiar. Do not pet the dog without the permission of the
canine handler.
b. Respect the handler’s wishes in regard to the canine.
c. Stay away from the dog during attack work.
d. Stand still if you think you are about to be bitten.
e. Avoid sudden movements in the presence of the dog inside or in
the field.
f. Do not try to entice the dog to break away or disobey commands.
g. Do not use any command you have heard the handler use.
h. Do not try to agitate or tease the dog while in the police vehicle or
elsewhere.
i. Do not engage in violent or simulated violent behavior with the
handler in the dog’s presence.
j. Do not point a weapon at the dog or the handler.
k. Do not stare intensely at the dog.
l. Do not hug the dog or lean down closely to the dog’s ear or face.

P. TRAINING

1. The K-9 Officers will be responsible for the training program of the K-9
Unit. The Handler will be required to demonstrate acquired abilities
periodically for purpose of animal evaluation.

2. New handlers must complete a K-9 training course.

3. Each member will re-train monthly (16 hours federal mandate) at the
direction of the Sheriff. Training outside of Alleghany County will
require approval of the Sheriff of Chief Deputy.

a. The K-9 Officer is responsible for advising the Sheriff of Chief


Deputy of all available future training dates and coordinating
scheduling to attend.

Q. RESPONSIBILITIES OF THE K-9 TRAINING OFFICER

1. The Training Coordinator will maintain all records relating to training,


K-9 use and health care.

2. The Sheriff will assess the K-9 Officer’s abilities on an annual basis with
periodic review as often as deemed necessary.
IV. K-9 TRAINING AIDS AND CONTROLLED SUBSTANCES

A. AUTHORIZATION

K-9 Officers are authorized to utilize controlled substances for training and skill
maintenance. The following guidelines will be followed in the use of controlled
substances for training purposes. Procedures set forth in this policy are intended to
provide an established format for training aid accountability. At no time will K-9
training aids containing controlled substances be used for any purpose other than those
detailed within this policy.

1. Definition of Training Aid:


A device or item, containing controlled substances, used for training of
K-9 in the detection of controlled substances and bomb detection.

2. A valid Drug Enforcement Administration permit to possess and use


controlled substances for training purposes will be maintained by
Professional Standards for the K-9 Unit as well as permits for explosives
used for training aids.

a. Controlled substances authorized for training are limited to


marijuana, hash, cocaine, methamphetamine and heroin.
b. Explosive material or training aids are limited to those mandated
by Training Standards and will be housed in a safe, secure area
isolated from the public.
c. All quantities of drugs maintained will be maintained as training
aids. No excess or surplus quantities will be maintained. No
excess explosives will be maintained.

B. PROCEDURE

1. The K-9 Officer is responsible for the security and tracking of K-9 training
devices containing controlled substances or explosives.

2. Any loss of controlled substances shall be reported by K-9 Officer to the


Sheriff, in writing, before the K-9 Officer tour of duty ends.

3. When training aids become unusable K-9 Officer shall coordinate with the
Sheriff or his designee to have them destroyed pursuant to established
criminal justice procedures and/or D.E.A. procedures.

4. K-9 Officers will be the only personnel with access to the individual
locked containers of controlled substances training aids and explosives
training aids.

5. K-9 Officers will be responsible for constructing drug training aids.


a. The aids will be constructed in such a manner so that the contents
cannot be tampered with by unauthorized personnel.

b. Each aid will be sealed, initialed and dated by the K-9 Officer.

c. Each aid will be marked to designate the type of substance and


weight in grams.

d. Each explosive will be packed and marked separately.

e. No other personnel will be authorized to open or modify the


contents of a training aid.

C. STORAGE AND INSPECTION

1. Training Aids for the drug dogs will be stored at the Sheriff’s Office and
removed for training when needed. Training Aids shall not normally be
stored in patrol vehicles with the exception of explosive K-9 training
aides.

2. A visual inspection of the storage cabinet and training devices by the K-9
Officer in the presence of the Sheriff of Chief Deputy will be conducted
monthly. Weight of training aids will be documented upon inspection.

D. SECURITY

A. A supervisor with the minimum rank of Sergeant will be in charge of maintaining


training records.

CERTIFICATIONS

The K-9 Units will maintain a current certification. The Sheriff may require additional
certifications and training.

If the canine fails to certify, that canine will be placed “Out of Service” until the canine can re-
certify.

FORMS

The self-identifying forms that comprise the K-9 Reports are to be completed and filed by the K-
9 Deputy pursuant to the department policy, K-9 training procedures, or on order of the Sheriff.
Apprehension Public Demonstration Log
Area Search Tracking Training Log
Building Search Controlled Substances Aids
Suspect/Person Injury Report Explosives Training Aids
K-9 Search/Tracking Report

The Blanks of these forms are to be kept and maintained by the respective K-9 Officers.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 83 EFFECTIVE DATE: 05/01/04

SEAT BELT POLICY

A. Summary
It is the policy of the Alleghany County Sheriff’s Office that seat belts will be
worn by all drivers and passengers at all times when operating a sheriff’s office
vehicle.

This policy includes all appointees of the sheriff’s office and other person(s)
riding or being transported in a sheriff’s office vehicle subject to the feasibility
and safety issues in whatever circumstance or incident that is at hand.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 86 EFFECTIVE DATE: 05/01/04

UNUSUAL OCCURRENCES

I. POLICY
Unusual occurrences include emergencies resulting from natural or man-made
disasters or civil disturbances which include riots, disorders, violence or labor
disputes. Special operations include barricade/hostage situations, bomb
threats/disposal, VIP protection, special events, and civil defense. While such
situations are not common occurrences, the department expects its personnel
to respond to them in a manner consistent with the department’s professional
image.

II. PURPOSE
The department must respond effectively to any unusual/special events. The
many variables involved prevent precise development of plans for specific
situations; however, basic planning can be performed to guide officers.

The department must be prepared to participate in the county emergency


operations plan which covers disasters, civil defense, and civil disorder.

III. PROCEDURE
A. Administrations
1. The sheriff is responsible for overall planning of law
enforcement response to unusual occurrences and special
operations and for department participation in the county
emergency operations plan.
2. All officers and supervisors will familiarize themselves with all
such plans in order that they may readily perform assigned
responsibilities.
3. The following General Orders provide unusual occurrences and
special operations planning, guidelines, and procedures:
a. Hostage/barricade situations
b. Hazardous materials incidents
c. Civil disturbances
d. Disasters
4. The sheriff is responsible for coordinating all law enforcement
plans with the municipal, county, or state officials charged with
emergency activities.
5. Aid to other jurisdictions in unusual situations and mutual
assistance are covered under Jurisdiction/Mutual Aid.
B. Special Operations
1. Supervisors must know the abilities of assigned personnel and
shall use this information in assigning or calling out officers for
use in special operations. They shall use officers they know by
skill qualification, training, physical fitness and agility,
psychological stability, and inter-personal communications skills
which are best suited for special operations such as
hostage/barricade, decoy/surveillance, etc.
2. Officers selected for such special operations will be under the
command and control of the commander directing the special
operations until properly relieved.
3. Bomb disposal operations must be conducted by either the EOD
Detachment at the nearest military base or by the Virginia State
Police personnel. Telephone numbers are available to
dispatchers.
C. Special Events
Special event plans will include, at a minimum:
1. Special personnel qualification requirements, if any.
2. Command and control.
3. Written estimates of traffic, crowd, or crime problems
anticipated.
4. Logistics requirements.
5. Coordination inside and outside the department.
D. Mobilization/call-back
1. In any emergency/special operation where additional
departmental law enforcement resources are required, the sheriff
or his designee may:
a. Hold over the shift due to go off so that personnel of two
shifts are available, or,
b. Call back additional personnel.
2. Some special operations are planned weeks in advance and,
where possible, additional personnel required will be given
advance notification of time, place, uniform, duties, etc. For
other operations such as raids, security considerations ma limit
advance notification to minutes.
3. The sheriff will assign personnel called back as required, using
the skills, knowledge, and abilities of called-back officers where
appropriate.
4. Call-back time is paid time and will strictly controlled and
accounted for, minimizing expenditure where feasible.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 84 EFFECTIVE DATE: 05/01/2004

BICYCLE PATROL

I. POLICY
In it’s continuing effort to provide the citizens of Alleghany County with
effective service, and to provide the Officer’s with a valuable addition to
transportation and patrol methods that are currently in use, it shall be the
policy of the Alleghany County Sheriff’s Office to implement the use of
bicycles by the Officers of the department whenever possible in an effort to
provide for high visibility, to provide patrol services to area normally not
accessible to Police vehicles, and to provide for the concept of community
policing. This office will use four fully equipped bicycles for the Bicycle
Patrol Program. Additional bicycles may be added to the program at a later
date and or as the need arises.

II. PURPOSE
The purpose of this policy is to provide the Officers with guidelines for the
proper utilization of bicycles in the Bicycle Patrol Program.

III. PROCEDURE
The Sheriff will select members of the office by their physical fitness, level of
training, and general demeanor for the Bicycle Patrol Program. The Sheriff,
Chief Deputy or Captain will have primary responsibility for coordinating and
making assignments for bicycle patrol. The Shift Commander will have the
responsibility of coordinating training and making the necessary assignments
to patrol as well as establishing a maintenance and record keeping system for
the bicycle unit. The Shift Commanders will keep the Sheriff apprised of the
progress and functions of the Bicycle Patrol Program.

IV. GENERAL PROVISIONS


A. Supervision
1. Bicycle Patrol Officers will generally be assigned to the Law
Enforcement Division for assignments.
2. During theses assignments, the bicycle patrol Officer will be
subject to the directives of the on duty supervisor.
3. The Shift Commander and Crime Prevention Officer will
develop patrol activities for certain shifts and special events to be
utilized as a guide for the on duty supervisor when making
assignments.
4. The on duty Supervisor may reassign bicycle patrol duties during
periods of inclement weather or at times of special needs or other
circumstances. Discretion should be used in making
reassignments during special events or other special functions.
B. Responsibilities and Assignments
1. Bicycle patrol units will perform routine patrol functions within
their assigned areas and be available to call for general service.
2. Bicycle patrol Officers will place a strong emphasis on high
visibility and the enhancement of Community Relations and
Crime Preventions measures.
3. Bicycle patrol units will be assigned to special events or other
duties with the approval of the Sheriff, Chief Deputy, or Captain.
C. Operations
1. Bicycle patrol will be conducted using department issued
bicycles that are fully equipped for patrol use and have been
inspected by the respective shift supervisors.
2. Departmental bicycles are to be operated only by Officers of the
department that are assigned to the bicycle patrol unit.
3. Officers that are assigned to bicycle patrol will report to duty
dressed in the uniform approved by the Sheriff. Bicycle
uniforms will not be worn during Court appearances. If the
patrol Officer has a court case scheduled, he must change into his
regular police uniform for his court appearance.
4. Officers assigned to bicycle patrol will wear ALL issued
protective equipment while engaged in bicycle patrol to include
but not limited to:
a. Body armor
b. Helmet
c. Eye protection
d. Gloves, if provided
5. Officers engaged in bicycle patrol will maintain radio contact
with the Communications Center at all times and mark off each
time he is out of service or at the location of a call or complaint.
6. Bicycle patrol will be terminated during extreme weather
conditions.
7. Each bicycle will use the standard bicycle headlight and rear
light during times of darkness or limited visibility while being
operated.
8. Officers assigned to bicycle patrol will conform to all applicable
State and City traffic laws, unless responding to emergency calls
or in the lawful performance of their duties.
9. Bicycle patrol Officers who make an arrest while on patrol in
their assigned areas will contact a patrol unit for transport of the
prisoners to the Magistrate’s Office.
10. Patrol bicycles will be secured by an approved locking
mechanism whenever the bicycle is left unattended in a public
place. In any extreme case or during an emergency, the Patrol
Officer may leave the bicycle unsecured while unattended but
must secure the bicycle as soon as possible.
V. TRAINING AND REQUIREMENTS
A. Officers who wish to volunteer for the Bicycle Patrol Program will submit
a memo in request form to the Sheriff that indicates their desire to be
considered for the Bicycle Patrol Program.
B. Officer selection will be made by the Sheriff and will be based on the
Officers level of physical fitness, temperament and reliability.
C. A candidate for the Bicycle Patrol Program will be required to receive
patrol training from either a certified training academy and of from a
certified instructor who has successfully attended and completed a basic
bicycle patrol training event.
D. Officers who are assigned to the Bicycle Patrol Program will maintain a
desired level of physical fitness, which enables them to perform their
duties.

VI. REPORTS
A. Each bicycle patrol Officer will be responsible for completing the
approved Bicycle Utilization Records and reports on a weekly basis.
B. The Chief Deputy and Crime Prevention Officer will be responsible for
developing a standard Bicycle Utilization Report as well as collecting this
report and disseminating statistics to the Sheriff in a Monthly Report.

VII. MAINTENANCE
A. Officers assigned to the Bicycle Patrol Program will be responsible for the
care of the bicycle they operate. These Officers will take reasonable care
to ensure that undue damage or loss or destruction of equipment does not
occur.
B. It will be the responsibility of the bicycle patrol Officer to perform a daily
inspection of the bicycle they use before and after each tour of duty and to
make minor repairs and perform any necessary maintenance.
C. If any major repairs or maintenance on a bicycle is required, it will be the
responsibility of the Officer using the bicycle to contact the Captain in
order to make arrangements for service.

VIII. UNIFORMS
A. All Officers performing bicycle patrol will wear the issued bicycle patrol
uniform. The uniform will include the following:
1. Approved helmet
2. Black leather bicycle gloves
3. Eye Protection (shaded or clear glasses)
4. Body armor (departmental issue)

IX. EQUIPMENT
A. The Captain will maintain a complete list of bicycle equipment with a
copy supplied to the Chief Deputy and Sheriff.
B. When not in used, the patrol bicycles will be stored in the county building.
The building will always be kept locked and the bicycles will be left
hooked to a charging system within the storage building. The patrol
bicycles will not be left in the Sheriff’s Officer or Jail except for very
short periods of time (1 hour maximum).
C. Bicycle patrol Officers will carry all the necessary forms, summons books,
etc. that is necessary to accomplish their patrol functions.
D. The issued patrol bicycle will be equipped at minimum before use on
patrol with the following departmental issued equipment:
1. Headlight
2. Rear light (Red)
3. Water bottle with holder
4. Luggage rack with utility bag
5. Kickstand

NOTE: Each Officer assigned to bicycle will carry a portable radio with issued shoulder
and or earphone type microphone system
ALLEGHANY COUNTY SHERIFF’S OFFFICE

GENERAL ORDER # 85 EFFECTIVE DATE: 05/15/07

“A CHILD IS MISSING”

I. PURPOSE
The purpose of this General Order is to establish an orderly and uniform
process for the use of “A Child Is Missing” alert program.

II. POLICY
The first several hours after a child, elderly, college student on campus or
disabled person is reported missing can be critical to the successful outcome
of the case. A Child is Missing Alert program (ACIMA) is a valuable tool for
law enforcement if used properly. A Child is Missing Alert will generate
telephone calls to local residents within fifteen (15) minutes after initiation by
law enforcement.

It is the policy of the Alleghany County Sheriff’s Office to utilize A Child is


Missing Alert only for missing children, elderly, college students on campus
and disabled persons whenever the criteria of the following procedures are
met.

A Child is Missing Alert is an additional tool for law enforcement. It does not
replace or preclude a thorough investigation and/or search by law enforcement
officers in the field.

A. Missing Persons
1. Whenever a deputy/officer receives a report of a missing person,
the case will be investigated without delay.
2. If the missing persons is a child (0-17), an elderly person (with
Alzheimer’s), college student on campus, or a disabled person (in
danger) the investigating deputy many immediately notify A Child
is Missing Alert.
3. All other circumstances would need approval for the use of A
Child is Missing Alert.
B. Factors For Determining the Use of A Child is Missing
1. Juveniles:
a. The juveniles should be less than 18 years of age.
b. The reporting person must be an adult family member,
teach or another adult who is responsible for the
child/individual.
c. If the juvenile is a habitual runaway, A Child is Missing
Alert would be used if foul play is suspected.
d. A first-time runaway should be called on.
e. Stranger abduction prior to calling the Amber Alert
f. College students (living on campus)
g. Senior Citizens:
h. The person must be sixty-five (65) years of age or older.
i. Being missing must be out-of-character for the elderly
person.
j. A Child is Missing Alert will be used even if an elderly
person is a frequent walk away from a nursing facility.
k. Known Alzheimer’s patient.
2. Disabled Person:
a. There is no age stipulation for a disabled person.
b. Caution must be used when determining whether a person
is truly disabled because there are many definitions of a
disabled person. For purposes of the guideline, a disabled
person will fall into one of the following categories:
i. The person has physical or mental impairment
that severely limits self care.
ii. The person is disoriented or unable to respond
to simple questions.
iii. The person is dependant upon life sustaining
medication or unconscious.
iv. The approving supervisor may take into account
exigent circumstances that may influence using A
Child is Missing Alert even if the person is a
habitual runaway or walk-away. Examples or these
circumstances are: suspected foul play, imminent
severe weather, etc.
C. Using A Child is Missing
1. When the decision to use A Child is Missing has been made, the
investigating deputy will immediately call A Child is Missing 24/7,
365.
2. Suggested calling times are from 6:00am to 10:30pm. Calls call be
placed after 10:30pm (in all time zones) only the agency
supervisor’s approval.
3. While the deputy/officer is completing the search, the approving
supervisor will determine what phone number will be supplied to
A Child is Missing Alert for the public to contact the department
with information about the missing person. The Communications
Center phone number is given out. Contact the Communications
Center to make them aware that A Child is Missing Alert will be
working on the case with the deputy/officer.
4. The investigating deputy will call A Child is Missing Alert at 1-
888-875-2246 (ACIM) or page the operator at 1-954-492-4778.

D. Investigating Information Received from A Child is Missing


1. Information received from a citizen concerning the missing person
or a possible sighting of the missing person will be relayed to the
supervisor in charge of the case. After evaluation, the supervisor,
detective or officer will take the appropriate action.
2. If a sighting of the missing person is confirmed, the supervisor
many want to consider using A Child is Missing Alert again using
the most recent known location in the notification of residents.
This is particularly important if the sighting location is in a
different geographical area than the original report.
3. If A Child is Missing Alert is used more than once in the same
case, there is no need to make out additional paper work. A
notation of each instance will be written on the existing report.
The notation will include each subsequent use by date, time and
location the missing person was last seen.
a. Other Incidents That A Child is Missing Alert Program
Will Assist
b. Jail breaks
c. Fugitives on the run
d. Severe weather conditions posing an imminent danger to
life.

E. Follow-Up Investigations
1. When the missing person is found, the supervisor/officer on the
scene will call A Child is Missing to report the recovery. A “Case
Follow-Up Report” will be faxed to the office/department. The
officer/supervisor in charge of the case will fill out the report and
fax it back to A Child is Missing (954-763-4569). This report will
be sent through channels to be included with the original IBR
report.
2. If the missing person is not found in twenty-four (24) hours, the
supervisor may pass the case on to the next shift and make them
aware that A Child is Missing Alert is working with them on the
case an, if additional calls are necessary. A Child is Missing Alert
will know what areas have been called and can assist the
deputy/officer in further searches.
ALLEGHANY COUNTY SHERIFF’S OFFFICE

GENERAL ORDER # 87 EFFECTIVE DATE: 05/01/04

CIVIL DISTURBANCES

I. POLICY
Civil disturbances may take various forms and vary in size and amount of
danger to the general public. Civil disturbances include riots, disorders, and
violence arising from dissident gatherings, rock concerts, political
conventions, and labor disputes. Of primary importance in any civil
disturbance is defusion of the situation and restoring general public order.
The officers must be able to respond to any civil disturbance, isolate it from
the remainder of the community, protect life and property, and maintain
control.

II. PURPOSE
The purpose of this general order is to establish procedures for the officers
response and handling of civil disturbance situations.

III. PROCEDURE
A. Authority for plan implementation
1. On-duty supervisors are authorized to implement this plan.
Appropriate notification if implementation must be made to the
Sheriff.
a. The Sheriff will immediately notify the County
Administrator of the situation and will keep him advised of
any changes.
2. The on-duty supervisor shall be responsible for implementing the
plan until relieved by the Sheriff.
B. Departmental resource
The supervisor implementing this plan shall determine what, if any,
additional departmental resources are required.
1. Additional personnel may be called back in accordance with GO
under Unusual Occurrences.
2. For additional equipment needs beyond that readily available to
the supervisor, contact should be made immediately with the
sheriff.
a. Each officer should have readily available a vest.
C. Duties of the first officer(s) on the scene
The duties of the first officer(s) arriving at the scene of a disturbance
include:
1. Observe the situation from a safe distance and determine if
crowd is peaceful or potentially violent.
2. Notify the dispatcher concerning the seriousness of the situation
and request the supervisor and additional back-up to respond.
3. Try to identify, by observation, the leader of the group.
D. Duties of the on-scene supervisor
Upon arrival at the scene, the supervisor will assume command until
relieved by higher authority. His duties and responsibilities shall include:
1. Assessing the situation for seriousness and danger. If the
situation is minor, it may be handled with existing resources.
2. Maintaining communications with the dispatcher providing such
information as:
a. Estimated size of the crowd and area involved.
b. Gauge the mood of the crowd.
c. Weapons, if any, involved.
d. Any destroyed property involved.
3. Establish a command post from his vehicle, using the unit radio
for communication.
4. Deciding on the number of personnel/equipment needed. If a
call back is begun, the supervisor will determine the assembly
point and equipment will be worn.
5. Instruct dispatch to make proper notifications, to include:
a. Fire Department – to stand by in area
b. Rescue Squad – request stand by in area
c. Hospital emergency room
d. Neighboring jurisdictions
e. State Police
f. Ethnic/civic group leaders
g. News media – to provide legal advice on
arrest/confinement
h. Commonwealth’s Attorney – to provide legal advise on
arrest/confinement.
i. District/Juvenile Court judges and magistrates –
arrest/confinement
j. National Guard
6. Instruct officers about traffic control in disturbance area.
E. Duties and responsibilities of dispatchers
When a civil disturbance arises, dispatchers will:
1. Make appropriate notifications requested by the supervisor.
Officers, notified of call back, will be told when and where to
report and what personal equipment will be needed.
2. Make news media referrals to the supervisor.
3. Inquires concerning any casualties will be referred to the
appropriate hospital.
F. Operations
Once appropriate and adequate personnel are in place, the supervisor will:
1. Approach the crowd and inform the leader or leaders that the
assembly is unlawful and they have to disperse. If the crowd is
violent, this may be accomplished by using the P.A. system in
the unit vehicle or the bullhorn.
2. a time limit for dispersal should be established and no extensions
allowed.
3. If the crowd fails to disperse and continues its activity, the
supervisor will, after consultation with the sheriff:
a. Authorize the use of tear gas/force.
b. Order the formation of a sheriff’s line and move into the
crowd for control.
G. Transportation
All departmental vehicles will be available for transportation of officers
and equipment to the scene, and for prisoner transport from the scene. If
additional transportation is required, the sheriff will contact additional
vehicles from State Police or surrounding jurisdictions.
H. Public facility security
Attempts will be made to provide security to all public facilities threatened
by any crowd to include:
1. County water supply
2. Fire/Rescue/hospital buildings and access to these
3. County court buildings
4. Schools
I. Public information/rumor control
The supervisor will respond to appropriate news media requests in order to
keep the public informed and to dispel rumors.
J. De-escalation procedures
Once the disturbance has been brought under control and the situation has
returned to normal, the supervisors will begin de-escalation procedures to
include:
1. Disengage officers as appropriate
a. On duty officers will return to normal patrol operation.
b. Called back officers will return issued equipment to the
command post.
2. Assign officers to remain in area of disturbance to protect from
any recurrence of trouble.
3. Discontinue the command post.
4. Ensure that departmental equipment is collected.
K. Post-occurrence duties/after-action reports
The supervisor, upon returning to the sheriff’s office, will perform the
following duties:
1. Prepare a detailed report, providing all factual information about
the incident to the sheriff, along wit any appropriate
recommendations.
2. Provide factual information to the news media.
3. Arrange for evidence collection at the scene.
L. Mass arrest procedures
During the course of a civil disturbance, mass arrest may become a reality
and must be handled quickly and efficiently providing for transportation to
jail, release on summons, arrestee rights, etc.
Arrested person will be removed from the point of disturbance by the
arresting officer and brought to a point where initial booking will take
place. The supervisor will establish an arrest team to handle prisoners.
Arrest team duties will include:
1. Photographing the arrested person with the arresting officer with a
Polaroid camera. Arrest/identification information will be recorded
on the back of the photo.
2. Prisoner will then be transported to the magistrate’s office where
formal charging/booking will take place.
3. Arrested persons will be allowed the opportunity to contact legal
counsel at the conclusion of booking.
4. Arrested person who are injured will be given medical treatment
before any booking begins.
5. The Commonwealth’s Attorney of his assistance will provide legal
advice to the supervisor as appropriate.
6. Juveniles involved in arrests will be treated according to juvenile
procedures set forth in GO under Juvenile Procedures.
M. Use of force
Officers will use the minimum amount of force necessary to effect an
arrest of control the disturbance.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 88 EFFECTIVE DATE: 05/01/04

DISASTERS

I. POLICY
The following plan for handling disasters is a rough outline of duties and
responsibilities that generally apply.

II. PURPOSE
To establish procedures for responding to natural or man-made disasters.

III. PROCEDURES
A. Definitions
1. Natural disaster – any hurricane, tornado, storm, flood, high
water, wind-driven water, earthquake, drought, blizzard, ice
storm, fire or other natural catastrophe resulting in damage,
hardship, suffering or possible loss of life.
2. Man-made disaster – any industrial or transportation accident,
explosions, conflagration, major power failure, resources
shortage, or other conditions such as sabotage, oil spills, and
other injurious environmental contaminations which threaten or
cause damage to property, human suffering, hardship or loss of
life.
B. Authority of placing plan into operation
1. On-duty supervisors are authorized to place this plan into
operation. Appropriate notification of situations requiring plan
implementation must be made to the sheriff. The sheriff shall
immediately notify the county administrator of the situation sand
will keep him advised of any change.
2. The supervisor will then be responsible to implement the plan
until relived by the sheriff.
C. Departmental resources
1. Supervisors implementing this plan may determine that
additional departmental resources are required.
2. Additional personnel may be called back.
3. For equipment needs beyond that readily available to the
supervisor, he shall contact immediately the sheriff.
D. Disaster operations
1. The exact nature of the disaster, buildings or area affected,
location, and potential danger will determine the response. The
supervisor will give consideration to the following:
a. All departmental units at the scene of a disaster must
provide information concerning conditions found, so that
the supervisor can evaluate the magnitude of the required
response. The dispatcher should also obtain information
for the supervisor from other emergency service and
utilities as available.
b. Depending on the nature of the disaster, a field command
post may be established in the vicinity of the disaster. The
command post will be the vehicle of the ranking officer
present at the scene. In any major disaster, the command
post will be located at the sheriff’s office.
c. The supervisor must communicate necessary information to
emergency services, utilities, county departments, and to
media agencies. Under some circumstances, it may also be
necessary to loan department radios to emergency
service/utility crews with whom essential contact must be
maintained.
d. In any situation involving casualties, provisions of casualty
information will be the responsibility of the hospital and
public inquires will be so directed.
e. The sheriff will have area media agencies notified and
establish a media briefing point either in the vicinity of a
small-scale disaster or at the sheriff’s office in case of an
area-wide disaster. Regularly, information will be provided
directly to media representatives present. All media
agencies will be advised that no telephone inquires will be
responded to in order to reduce the burden on dispatchers
and telephone lines.
f. The supervisor or sheriff should advise the Virginia State
Police Office and area sheriff’s departments of any disaster
and may, subsequently, request additional law enforcement
support as required.
g. The involvement of one or more buildings, public or
private, can generate a requirement of the provision of
security to prevent looting, theft, or trespass.
h. It may be necessary to block roads and reroute traffic away
from the affected areas. Emergency service units shall be
so advised, and announcements made over local radio
stations.
i. Necessary pubic works, utilities companies should be
notified of road clearance needs, broken mains, and
downed lines.
j. The supervisor or sheriff will ensure an orderly de-
escalation of controls, personnel, as appropriate, as the
disaster is reduced.
k. Any special transportation needs may be requested from
appropriate county departments or other emergency
services.
l. Supervisors involved will prepare after-action reports
concerning all department activity during a disaster as well
as recommendations concerning the handling of any future
problems. A completed after-action report will be provided
to the county administrator by the sheriff. After-action
reports will include any budgetary impact, commitments,
and obligations.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 89 EFFECTIVE ORDER: 05/01/04

SALUTES

I. POLICY
It is the policy of this department to show great professionalism in saluting the
following.

II. PURPOSE
The purpose of this general order is to establish respect, patriotism and a
military courtesy to the American Flag.

III. PROCEDURE
1. Procedure to Salute if the officer is out of doors, wearing headgear hat or
cap):
While playing the National Anthem…
a. …Face the United States Flag
b. …Come to the position of “Attention”
c. …At the first note, render the salute with the right arm and
hold until the National Anthem is over.
2. Procedure to Salute if the officer is out of doors, not wearing headgear:
a. …Face the United States Flag
b. …Come to the position of “Attention”
c. …Stand at attention with the left arm down the left side and
the right hand over your heart.
3. Procedure to salute if the officer is in doors, not wearing headgear:
a. …Face the United States Flag
b. …Come to the position of “Attention”
c. …Stand at attention with the left arm down the left side and
the right hand over your heart.
4. A salute will be rendered as in #1, when out of doors and pledging
allegiance to the United States Flag.
5. A salute will be rendered when in doors, as in # 2 & 3, and pledging
allegiance to the United States Flag.
6. Working Funeral Traffic:
a. Headgear will be worn
b. Salute the hearse two car lengths before passing and hold the
salute after the passing of two cars.
7. All of the above shall be carried out, unless security is at risk.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 90 EFFECTIVE DATE: 04/01/07

COLOR GUARD TEAM

I. PURPOSE
To validate the necessary procedures to be followed

II. POLICY
To provide representation and professionalism for the Department through the
color guard at requested activities, parades, officer funerals, etc.

III. TEAM MEMBERSHIP SELECTION AND TRAINING


A. Selection shall be based on the following criteria:
1. The Sheriff or his designee shall post a notice of vacancies;
2. After a review of candidates who have volunteered to serve on the
color guard team, the Sheriff shall appoint members;
3. The sheriff may at any time appoint or remove a deputy from the color
guard team.
B. Training shall be conducted at the direction and scheduling of the color
guard team leader. Equipment and event commitments of the team shall
be the responsibility of the color guard team leader.

IV. PROCEDURE
A. The color Guard shall consist of a rifleman, United States flagman,
Virginia State flagman, and rifleman. A county flagman may also be used
depending on the occasion.
1. Team members shall report to the designated event in complete patrol
uniform and prior to the event place the Color Guard coat over the
uniform or report wearing the designated Color Guard coat. At no
time is only a part of the patrol uniform to be worn.
B. Whenever the “colors” are presented, one of the two things must be done:
1. Playing of the national anthem.
2. Giving of the pledge of allegiance to the flag.
C. All flags will be 3 feet by 5 feet.
1. The United States flag will be trimmed with:
a. A gold tassel;
b. A gold cord;
c. A gold eagle on the flag pole
2. The Virginia State flag will be trimmed with:
a. A white tassel;
b. A white cord;
c. A silver spear on the flag pole
3. The County flag will be trimmed with:
a. A gold tassel;
b. A white cord;
c. A silver spear on the flag pole
4. The United States flag will always:
a. Be carried higher than any other flag;
b. Be carried on the marching right side;
c. Be carried straight up and is never to be dipped
5. The Virginia State flag will:
a. Be to the left of the United States flag;
b. Will be dipped at the playing of the National Anthem and the
Pledge of Allegiance:
c. During parades, shall be dipped as a mark of honor for the Sheriff
and other known dignitaries.
6. The County flag will:
a. Be to the left of the Virginia State flag;
b. Will be dipped at the playing of the National Anthem and the
Pledge of Allegiance;
c. During parades, shall be dipped as a mark of honor for the Sheriff
and other dignitaries.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 96 EFFECTIVE DATE: 09/17/2017

REPORT WRITING

I. POLICY
It is the policy of this department that any situation of occurrence that is not
consistent with the routine operation of the department as outlined in the
Department Manual shall be documented in a report by every Deputy
witnessing or involved in such situation or occurrence.

II. PURPOSE
The central purpose of reports is to assist the receiver of the report in reaching
a decision by providing facts and information which he does not already
possess. Reports are important in the administrative, supervisory and
operations aspects of the department.

III. PROCEDURE
A good report is accurate, brief and complete. It is necessary to have a
complete understanding of exactly what is required and what will be done
with it in order to write a proper report.
A report is functional in that it is designed to assist in the decision-making
process. The information must be useful to persons other that just the writer.
The material contained in a report is presented in a functional rather than a
literary style. The information contained in the report must be accurate,
reliable and objective and adapted to the needs of the respective readers. The
material should be carefully organized and clearly presented.
A report becomes the official statement of facts and may be used in a wide
variety of circumstances. Thus, reports are utilized to determine:
a. The character, extent, location, and the time of occurrence of the
incident.
b. To identify hazards, isolate particular elements requiring attention, and
methods of eliminating these hazards.
c. To aid in the distribution of manpower.
d. To aid in the analysis of operations.
e. To aid in supervision.
A report may be of particular value to the individual Deputy Sheriff, as both a
stockpile of information and a channel of communication between deputies.
Reports are one of the principal sources of information in conducting any type
administrative hearings or court litigation.
Reports by individual Deputy should reveal (if properly analyzed by
supervisors and administrators):
a. Education
b. Training
c. Experience
d. Ambition
e. Future capabilities as both a Deputy and a Supervisor
f. Provide a basis for commendation or criticism
All reports require the application of certain standards. These standards stem
from the fact that reports are written to satisfy a need and in order to satisfy
the need they must satisfy the reader. Reports are regularly read by persons
other than the individual to whom they are addressed. Therefore, special care
must be taken to ensure that the report is complete.
The test of completeness is whether or not the report can be used by others
with confidence as to it being complete. Note too that a report must be
accurate, for if there are errors it will raise doubts as to the thoroughness of
your actions and your personal ability.
Mechanics of Report Writing – Always be specific in your choice of words.
Avoid using unnecessary words and technical phrases which sound good but
all little or nothing to the report. Pay special attention to the areas of grammar
and spelling.
Characteristics common to most reports:
a. All reports should be legible. If the report cannot be read, it will be of
little value to you.
b. The correct names and location of all individuals involved should be
spelled out in full.
c. The report should note the classification, the time, and the date of the
incident.
d. The report should contain as complete information as possible about
all witnesses and damages.
e. The reports should note persons notified, time notified, and how they
were notified.
f. In general, a good report should note the “who, what, when, where,
and how” of the event.

IV. IBR REPORTS


A. IBR reports must be completed on all Group A & B Offenses reported to
the Alleghany County Sheriff’s Office and all arrests made by the
Alleghany County Sheriff’s Office on offenses taking place in this
jurisdiction. An IBR report is not necessary when making an arrest for
another jurisdiction. (See attached list of IBR Offenses and Codes).
B. All IBR Reports must be done in a timely manner. These reports should
be completed as soon as possible after the incident, but not later than 72
hours after the incident. If an extension is requested, it must be approved
by a supervisor
C. All IBR reports must be complete with all information necessary for a
proper entry by the IBR operator. Reports shall be neat and clear. No
copies are necessary unless the reporting deputy needs a copy. The IBR
operator will make the proper number of copies and disburse them as
needed.
D. All IBR reports will be retained and placed in the IBR Operator’s office
after entry is made by the IBR operator. All Deputies will update
themselves daily by reviewing the IBR reports in the IBR Operator’s
Office.
E. In the event an IBR report is not necessary, be sure to complete a report of
another type with all necessary information for future reference.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 97 EFFECTIVE DATE: 09/17/2017

TURNING IN REPORTS ON TIME

I. POLICY
It is the policy to ensure that all reports are turned in at the appropriate time
allowed.

II. PURPOSE
The purpose of this policy is to make sure that all personnel are informed of
the following time allowances.

III. PROCEDURE
1. All reports must be turned in to the appropriate place or person as soon as
possible.
2. Mileage Reports must be turned in to the Chief Deputy no later than the 5th
day of the month.
3. Special activity reports must be turned in to the Chief Deputy monthly
such as are K-9 and SRO reports.
4. All other reports must be turned in to the Chief Deputy as soon as possible
after the incident. This shall not exceed 10 days.

IV. DISCIPLINE
The following discipline shall be imposed for failure to comply:
1. Oral Counselling
2. Written Reprimand
3. Conference with the Sheriff
4. One day off without pay
When personnel are reprimanded for any of the above, within the calendar
year, the discipline will begin with number one and start over again the next
calendar year.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 98 EFFECTIVE DATE: 09/01/04

CONSULAR NOTIFICATION – SUMMARY OF REQUIREMENTS


PERTAINING TO FOREIGN NATIONALS

I. When foreign nationals are arrested or detained, they must be advised of the
right to have their consular officials notified.
A. In some cases, the nearest consular officials must be notified of the arrest
or detention of a foreign national, regardless of the national’s wishes.
B. Consular officials are entitled to access to their nationals in detention, and
are entitled to provide consular assistance.
C. When a government official becomes aware of the death of a foreign
national, consular officials must be notified.
D. When a guardianship or trusteeship is being considered with respect to a
foreign national who is a minor or incompetent, consular officials must be
notified.
E. When a foreign ship or aircraft wrecks or crashes, consular officials must
be notified.
1. These are mutual obligations that also pertain to American citizens
abroad. In general, you should treat a foreign national as you would
want an American citizen to be treated in a similar situation in a
foreign country. This means prompt, courteous notification to the
foreign national of the possibility of consular assistance, and prompt,
courteous notification to the foreign national’s nearest consular
officials so that they can provide whatever consular services they deem
appropriate.

II. Determine the foreign national’s country. In the absence of other information,
assume this is the country on whose passport or other travel document the
foreign national travels.
A. If the foreign national’s country is not on the mandatory notification list as
described in the consular notification and access manual, then:
1. Offer, without delay, to notify the foreign national’s consular
officials of the arrest/detention.
2. If the foreign national asks that consular notification be given,
notify the nearest consular officials of the foreign national’s country
without delay. For phone and fax numbers for foreign embassies and
consulates in the United States, refer to the manual provided in
dispatch, intake, or the field unit office.
B. If the foreign national’s country is on the list of mandatory notification
countries:
1. Notify the countries nearest consular officials, without delay, of the
arrest/detention.
2. Tell the foreign national that you are making this notification. A
suggested statement to the foreign national is found in the manual and
translations into selected languages are included.
C. Keep a written record of the provisions of notification and actions taken.
Document all contacts and have dispatch enter this procedure for
information purposes.
1. Copy all documents and forward to Sheriff.
2. Periodically review the manual provided and the forms available
therein.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 99 EFFECTIVE DATE: 01/01/05

AUTOMATED EXTERIOR DEFIBRILLATOR

PURPOSE:
To establish procedures for use of the Lifeline Semi-Automatic External Defibrillator
(AED).

POLICY:
It is the policy of the Alleghany County Sheriff’s Office to respond to potential incidents
of “sudden death” when realistic and practical to do so, and to attempt to assist and
provide the use of an AED, according to established guidelines and training.

I. PROCEDURE
A. Training
1. Each officer will attend an initial training course for certification in the use
of AED equipment.
2. No officer/member will use AED equipment until he/she has completed
the required training and is certified in its use. The officer may make the
AED available to a certified user or EMS personnel.
B. Assignments
1. An AED will be assigned to each officer as available. An AED will also
be assigned to the school resource officers.
2. An AED will be housed at the Alleghany Regional Jail for use regarding
emergency medical incidents within the jail or within the Sheriff’s Office
complex.
3. One AED will be assigned to the Drug Abuse Resistance Education
(DARE)/crime prevention officer(s).
4. One AED will be stored in the General District Court Clerk’s office.
Personnel assigned to court security will check it daily for status and
proper location.
5. A spare AED will be available to the Chief Deputy for use in Circuit Court
when in session.
6. An AED will never be left in a unit that is not in service for a prolonged
period.
C. Event Response: Each officer shall follow training procedures in the use of
AED equipment. Once AED is put into operation, he/she will continue the
operation until complete, or when EMS or a higher medical authority
acknowledges responsibility for further treatment of the patient.
D. Reporting
1. Each unit will be supplied with black event summary reports.
2. An AED summary report will be completed each time an AED is attached
to a patient, even if no shock is delivered.
E. Maintenance
1. Batteries shall be replaced per manufacturer’s recommendations.
2. The member using an AED is responsible for replenishing the unit with
the supplemental equipment prior to returning it to service.
3. AED electrodes are a one-use only item. The member using an AED will
contact on scene EMS unit or their administration to get replacement
electrodes.
4. Officers are to check AED daily to see that unit indicates proper
functioning and is ready in an emergency.
F. Supplemental Equipment: Officers may include the following items to
accompany the AED and are encouraged to do so:
 Rubber Gloves
 Alcohol Prep Pads
 Disposable Razor
 Paper Towels
 Pair of Shears

NOTICE: This General Order is for departmental use only and does not apply in any
criminal or civil proceeding. The department policy should not be construed as a
creation of higher legal standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive will only form the basis for departmental
administrative actions.

BY ORDER OF:

________________________________________
Dale Muterspaugh, Sheriff
ALLEGHANY COUNTY SHERIFF’S OFFICE
AED EVENT SUMMARY

Location: CFS#:

Date of Event: Time Dispatched: Time Arrived:

Patient’s Name: Sex: Age:

Patient’s Address: City & State:

Name of the person who operated the AED:

How was the pulse checks? Where was pulse checked?:

Was EMS (911) called? Y N

Did the victim have a pulse? Was the patient breathing?

Time EMS was called: Responding EMS Agency: Time EMS arrived:

Status of patient at the time EMS personnel arrived: Was patient breathing: Y N

Did patient have a pulse? Y N

AED Role: Shock Administered? # of Shocks:

Other:

Hospital Taken To: Patient’s Condition at Time Summary Completed:

Comments:

Officer Submitting Summary: Supervisor Approving:


ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 103 EFFECTIVE DATE: 06/01/17

OFFICER’S RESPONSE TO RESISTANCE

I. POLICY
Officers are confronted daily with situations requiring the use of force to
effect an arrest or ensure public safety. The degree of force used depends on
what the officer perceives as reasonable and necessary under the
circumstances. Further, the officer may resort to more severe use of force to
overcome increasing resistance and/or an increasingly dangerous threat to
public safety. The escalation in the use of force typically follows a pattern:
communication skills, contact controls, compliance techniques, Taser or OC
spray, defensive tactics or impact weapons, deadly force. The department
expects that officers will only employ the minimum force necessary to
accomplish a legal purpose. When applying deadly force, the officer’s
objective must be to stop or incapacitate the suspect, not to kill, unless no
other choice presents itself. The objective of the use of any force is to
overcome the suspect’s resistance to an officer’s lawful purpose. Officers
shall not unreasonably or unnecessarily endanger themselves or the public
when applying this policy.

II. PURPOSE
To establish the guidelines governing the use of force and its limitations, and
to clearly describe prohibited activities.

III. DEFINITIONS
A. Deadly force includes:
1. The discharging of a firearm, even though no intent exists to kill
or inflict bodily harm.
2. Any force applied in any manner by any means that could
reasonably be expected to cause death or great bodily harm.
a. “Great bodily harm” means bodily injury which creates a
substantial risk of death or which is likely to cause serious
permanent disfigurement or loss, or extend impairment of
the function of any body member or organ.
B. Less-Lethal force
1. Force employed which is neither likely nor intended to cause
death or serious physical injury.
C. Firearms
1. Any weapon from which a projectile is forcibly ejected by an
explosive.
D. Reasonable Belief
1. When facts or circumstances the officer knows, or should know,
are such as to cause an ordinary and prudent person to act or
think in a similar way under similar circumstances.
E. Serious Physical Injury
1. A physical injury which creates a substantial risk of death, or
which causes death or serious and protracted disfigurement of the
function of any bodily organ or limb.
F. Excessive Force
1. Force is excessive when its application is inappropriate to the
circumstances, resulting in serious injury or death to a suspect.
No objective definition of excessive force can be offered: each
situation must be evaluated according to circumstances.
a. As a guide, King v. Blankenship, 636 F. 2d 70 (4th Circuit,
1980) set forth for consideration in determining whether
force was excessive:
i. Need for the application of force
ii. Relationship between the need and the amount of
force that was used
iii. Extend of injury inflicted
iv. Whether the force was applied in a good faith effort
to maintain and restore order or maliciously for the
purpose of causing harm

II. PROCEDURES FOR APPLICATION OF LESS LETHAL FORCE


A. OC (Oleoresin Capsicum) Foam
1. An officer may need to resort to the use of OC in an act of self-
defense, defense of a third person, or to subdue a violently
resisting subject. Officers must exercise sound judgment when
using OC and realize the dangers this chemical poses to the user,
or assisting officers.
2. OC is regarded by this Department as a weapon utilized in the
progressive use of force continuum. Normally, the OC spray
will be applied when an intermediate weapon is needed to
overcome physical resistance. The OC spray will be utilized
when force is justified, but less force than that required to justify
the use of the expandable baton, or deadly force. The use of OC
is authorized when lesser means of restraint or protection have
failed or appear to be inappropriate.
3. OC will not be used to threaten, elicit information or persuade
people to comply with orders; nor will it be used on people who
are in custody and under proper control and cooperating with
arrest procedures.
4. Before using OC, officers should consider:
a. Whether sufficient physical force is available from
assisting officer(s) to subdue the subject without resorting
to chemical agents, reducing the likelihood of injury to
either the suspect or the arresting officer.
b. The feasibility of summoning back-up assistance
c. The capabilities of his weapon. (The most effective use of
a chemical agent is well-aimed one to two second bursts at
a sufficient distance from the person. The burst should be
used and directed toward the face without necessarily
aiming at the eyes.)
B. Taser X26 – (see General Order 111)
C. Tear Gas
These chemicals are used primarily in dealing with unruly crowds, armed
and barricaded subjects.
1. Gas grenades are used to disperse unruly crowds and induce the
surrender of barricaded subjects when negotiations have failed.
2. Tear gas gun is used to fire projectiles to the area of an armed
barricaded subject when the use of hand-tossed grenades would
be unsafe or impractical.
3. Tear gas may only be used with explicit permission from the
Sheriff.

III. DEADLY FORCE


A. Firearms
1. The use of a firearm, or other deadly force, is justified only when
it is used:
a. In defense of the officer or any other person against death
or serious physical injury; or,
b. To prevent the escape of a suspect when the officer has
exhausted all other reasonable means of capture
c. The officer reasonably believes that the person to be
arrested has used deadly force in the commission of a
felony
d. The officer reasonably believes that the person whose arrest
is sought will inflict death or serious physical harm to the
officer or others if apprehension is delayed. In Tennessee
v. Garner, 105 S. Ct. 1694 (1985), the Supreme Court ruled
that the use of deadly force to prevent the escape of a
suspected criminal is unconstitutional if the suspect appears
to be unarmed and not dangerous.
e. To kill seriously injured or dangerous animals when no
other disposition is reasonably practical. A supervisor’s
approval should be sought when possible.
f. In routine firearm training or practice at an approved range.
2. All due care shall be used to prevent injury to citizens. Warning
shots will NOT be fired for any reason. The use of deadly force
to apprehend a misdemeanant is not justifiable unless the
situation described above confronts the officer.
3. Shooting at or from moving vehicles is authorized only when:
a. Any occupant of the other vehicle is using, or threatening
to use, deadly force by a means other than the vehicle
b. A vehicle is operated in a manner deliberately intended to
strike an officer or a citizen and all other reasonable means
of defense have been exhausted (or are not present), which
includes moving out of the path of the vehicle, and the
safety of innocent persons would not be unduly jeopardized
by the officer’s action.
4. Other, non-deadly force may be used to overcome opposing
force and is justified when the officer uses only that amount of
force necessary to affect and maintain the arrest.
B. Shotgun
1. Due to its wide shot dispersion, the shotgun will only be used
when a possibility exists that the officer will be dealing with an
armed suspect, e.g., armed robbery in progress, searching for
armed suspects, answering calls when complainant has indicated
a person is armed.
2. The supervisor may approve the use of shotguns on raids and
stakeouts when he believes that threat to human life exists.
3. Shotguns will be carried in patrol units.
4. Shotguns will be removed from vehicles before leaving them at
any garage or service department.
5. During regular firearms qualifications, each officer will be
required to fire a designated number of rounds with the shotgun
and demonstrate proficiency with it.
6. The range officer or armorer will develop a shotgun maintenance
schedule. Each officer will clean shotguns according to
schedule.
7. The general rules for the use of firearms above apply to
shotguns.

IV. PROHIBITED ACTS


A. The following acts associated with the use of force are prohibited:
1. Firing into crowds.
2. Firing a warning shot.
3. Firing at or from a moving vehicle, except as explained under
V.A.3. above.
4. Firing into a building or through doors when the person fired at
is not clearly visible unless officers are being fired upon from
such buildings or through such door.
5. Firing at a suspect when lesser force could be used when the
officer believes that the suspect can be apprehended reasonably
soon thereafter without the use of deadly force; or when there is
any substantial danger to innocent bystanders. (When in doubts,
don’t shoot.)
6. Application of chokehold or carotid holds.
7. Use of Streamlites or Kel-lites or other flashlights as batons. An
officer may use a flashlight or other object designed for a use
other than a weapon ONLY to defend himself or another from
imminent physical injury or death and then ONLY if
departmentally sanctioned methods are not available.
8. The carrying or use of saps, blackjacks or slapjacks.

V. WEAPONS
A. Duty weapon – while on duty, an officer shall carry a department issued
40 caliber semi-automatic Glock handgun. The department shall issue
ammunition for the weapon.
1. Any officer who wishes to carry a personally owned weapon on
duty must request permission in writing from the Sheriff.
Weapons must be inspected and approved by the range
instructor/armorer. In addition, the weapon must fire
department-approved ammunition and the officer must qualify
with the weapon as well as with department-issued weapons.
Officers must buy ammunition for their personally-owned off-
duty weapons.
2. The armorer shall maintain a record of all weapons used by
officers either on or off duty. The record lists weapon
descriptions and ammunition pertaining to qualifications.
Officers shall annually review the records to ensure that they are
up to date.
B. Officers are encouraged, but not required, to carry a handgun when off
duty. An officer who elects not to carry a handgun while off duty shall not
be subject to disciplinary action if an occasion should arise in which he
could have taken police action if he were armed (Exception: Off duty
officers while operating a department vehicle shall be armed with an
approved weapon).
1. Officers who carry off-duty weapons must understand that in
some social situations (e.g. sports) the carrying of a firearm
would be inappropriate.
2. Officers who have consumed alcoholic beverages shall not carry
an off-duty weapon under any circumstances.
3. All officers will submit on-duty weapons to the range instructor
for inspection before carrying them.
C. Qualification
Firearms qualification will be under DCJS mandates.

VI. REPORTING USE OF FORCE


A. Physical force (including the use of Taser, OC, Defensive Tactics,
intermediate weapons, less-lethal munitions, firearms).
1. The officer shall immediately notify the sergeant or the division
commander (if the sergeant is unavailable) of ANY use of
physical force.
2. In addition to required arrest and incident reports, within 24
hours the officer will submit a detailed narrative to the Sheriff
describing the incident, substantiating the force used, any
medical services rendered, witness/victim statements,
photographs of persons and the scene where the incident
occurred.
3. Depending on the seriousness of the injury, the division
commander shall notify the Sheriff and, in case of death, the
Commonwealth’s Attorney and Medical Examiner.
B. Assignment
Pending administrative review, any officer who has taken the life of
another person will be removed from line-duty assignment. This action
protects both the officer’s and the community’s interest until the situation
is resolved.
C. Psychological Services
Psychological follow-up of post-shooting trauma will normally be directed by the
Sheriff whenever deemed appropriate. During an internal investigation, the
department will do all within its power to avoid placement of a stigma on the officer
who shoots in the performance of duty. Further, internal investigations of shootings
shall be of two types conducted simultaneously; first, an administrative investigation
to determine whether department standards were followed; second, a criminal one
to detect lawbreaking. A criminal investigation shall be discontinued whenever the
department is satisfied that no misconduct occurred.
ALLEGHANY COUNTY SHERIFF’S OFFICE
268 W. MAIN STREET
COVINGTON, VA 24426
Administration.
540-965-1770 Regional Jail
Fax: 540-965-4915 540-965-1776
Fax: 540-965-1793
Emergency Dispatch
Dial-911 Criminal Investigations
540-965-1770
Fax: 540-965-4915
Crime Line
540-969-4166
KEVIN W. HALL
SHERIFF

RESPONSE TO RESISTANCE FORM

Complaint #_________________________ Date: ______________

Time: ________

Suspects Name: ____________________________ DOB: _______________

Location of incident: ______________________________________________

Chemical Agent’s used: _______ Taser: ___________

Deputies involved: _________________________________________________

All officer’s and agencies


involved:__________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Witness: ___________________
Address: ___________________
Phone: ___________________
___________________

Witness: ___________________
Address: ___________________
Phone: ___________________
___________________

Witness: ___________________
Address: ___________________
Phone: ___________________
___________________

Witness: ___________________
Address: ___________________
Phone: ___________________
___________________

Witness: ___________________
Address: ___________________
Phone: ___________________
___________________

Attach:
Photographs
Narrative
Written Statements
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 104 EFFECTIVE DATE: 05/01/2004

USE OF FORCE – DISCIPLINE/LIABILITY

I. POLICY
The duty and authority of a deputy to carry out peace keeping and law
enforcement functions makes it mandatory that he have the power to employ
such reasonable force as may be necessary to meet these lawful objectives. It
must be remembered that the amount of force used will, in most cases, be
reviewed after-the-fact. In addition, actions involving the use of force may
lead to civil or criminal prosecution.
A deputy is accountable to this Sheriff’s Office and subject to internal
disciplinary measures. The Sheriff’s Office regards any violation of the
aforementioned procedures as possible grounds for disciplinary action. Such
with the seriousness of the situation. In addition, where the use of force is
unlawful, the Sheriff’s Office will actively pursue criminal prosecution.
The Sheriff’s Office has exercised its rights to make policy more stringent that
allowed by the Virginia State Code. It is proper that law enforcement
administrations select goals and encourage deputy discharge of duties above
minimum standards of criminal and civil responsibility – even above
minimum standards accepted elsewhere in the police service. This policy is
written in an attempt to guide deputies before the fact in approaching critical
facts, which is the customary thinking and approach of the Criminal and Civil
law.
It should be remembered with regard to civil and criminal liability that
Virginia State Coe permits a person to lawfully resist an unlawful arrest
and/or unnecessary force. In such circumstances where force may escalate to
the point where a deputy resorts to the use of serious or deadly force,
subsequent judicial analysis of this situation may find that the unreasonable
injury to the resistor. Such a decision could result in criminal or civil charges
against a deputy and a civil suit against the department.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 105 EFFECTIVE DATE: 08/09/19

USE OF OC

I. POLICY
The only personal defense irritant dispenser authorized for officers of
the Alleghany County Sheriff’s Office to carry and use is a formulation of
Oleoresin Capsicum (OC).
OC is regarded by this department as a weapon to be utilized in the
progressive officer’s response to resistance continuum. Normally the OC
will be applied when an intermediate weapon is needed to overcome
physical force or resistance. The OC will be utilized when force is
justified, but less force than that required to justify the use of the
expandable baton, or deadly force. The use of OC is authorized when
lesser means of restraint or protection have failed or appear to be
inappropriate.

II. PURPOSE
To identify authorized and improper use of OC, to outline the proper
procedure for using OC, and to establish procedures to follow after OC
has been applied to an individual.

III. PROCEDURE
A. Authorized Use of OC
1. An Officer is authorized to carry and use OC only after the
satisfactory completion of approved training course.
2. An Officer may carry and use the name brand of OC that is issued
by the Alleghany County Sheriff’s Office.
3. As self –defense of the Officer or in the defense of another person
when the lesser methods have failed or if circumstances warrant
the immediate use of OC.
4. In the situation where it becomes necessary to subdue or restrain
an individual while an Officer is performing an official duty.

B. Unauthorized use of OC
1. As a threat to make a person comply with an Officer’s verbal
command when no violent physical force has been displayed.
2. In retaliation for physical or verbal abuse of an Officer.
3. As a threat to elicit information.
4. On persons secured, properly in custody, and cooperating with
the arrest procedure.

C. Instructions for the use of OC


1. Apply OC to individuals in accordance with training and
manufacturer’s recommendations.
A. Use in upright position
B. Use in short (1/2) to (1) second bursts
C. Never discharge into wind
D. Should be directed toward the facial area not less than 2 feet
away
E. Procedures to follow after the use of OC – (The active
ingredient in OC causes acute inflammation of the eyes and
other mucus membranes. The process results in immediate,
but temporary blindness, coughing, and constriction of the
bronchial passages with an extreme discomfort for up to 30-45
minutes.)
1. Make every reasonable effort to relieve the discomfort of
the individual.
2. Advise the individual not to rub their eyes or the skin in the
affected areas.
3. An Officer shall apply copious amounts of clear water,
which will relieve the eye inflammation.
4. Normally, the passage of time, moving air, and natural body
reactions will generally help to relieve the symptoms.
However, Officers will use due caution that a suspect is not
maintained in a face down or a prone position immediately
following the use of OC or during transportation.
5. Wash hands to prevent residue from being rubbed into the
eyes or other non-affected areas.
6. Residue on remaining clothing is not expected or the skin is
not expected to cause additional problems.
7. Diligent observation and constant monitoring of subjects
displaying any one or a combination of the following listed
indicators are procedurally warranted. Furthermore, the
use of prone restraint techniques should be avoided. If
prone positioning is required, subjects shall be closely
monitored.
E. Precautions for the use and storage of OC spray
1. DO NOT leave OC inside of a vehicle during hot weather, as
It may explode.
2. DO NOT discharge OC in the immediate vicinity of an infant.
F. Reporting
1. Officers are required to file an Officers Response to
Resistance for each incident in which OC it utilized. The
report should include a complete description of the
incident, observed effectiveness of OC, and approximate
distance of the application. The Officer shall notify his/her
supervisor as soon as practical after the suspect has been
taken into custody.
G. Care and Maintenance
1. Each Officer that is issued OC shall be responsible for the
care and security of the issued OC.
2. The OC shall be handled with the same caution given the
issued duty weapon and must be kept out of reach of
children.
3. The OC shall be shaken occasionally to ensure that the
mixture is consistent throughout.
4. HORSEPLAY involving the use of OC will NOT be tolerated.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 106 EFFECTIVE DATE: 03/01/2010

FIREARMS

I. POLICY
A law enforcement officer’s handgun is perhaps the most recognizable
perceived symbol of his authority and role. In the interest of public safety and
professionalism, the office sets herein high standards of performance for its
personnel who use weapons. The office’s policy ensures that members
properly trained not only in the use of appropriate firearms, but also in their
maintenance. In addition, the officer believes that off duty use of weapons,
plus the selection of off duty and on duty holsters, (plan clothes officers often
fall into a category of wearing off duty style holsters while on duty), must
follow standards enforced by supervisors, instructors, and the sheriff.
Firearms training is and important phase in the development of law
enforcement officers, particularly with weapons that are the most accessible to
the officer, i.e., the side arm (handgun), and the shotgun. Pursuant to the
Code of Virginia (1950), as amended, the Department of Criminal Justice
Services established that every full time law enforcement officer must qualify
with his or her record. That score and any the office uses must be completed
under the supervision of a certified firearms instructor, who will in turn record
said score as proof of qualification.
The Alleghany County Sheriff’s Office uses courses of fire for training and
qualification that are accepted and approved qualification courses, established
by the Department of Criminal Justice Services.
The Alleghany County Sheriff’s Office also uses tactical courses established
by the firearms instructors to further enhance the firearms proficiency of
sheriff’s officer personnel. It is hoped that training beyond the minimum state
qualifications courses will give the officer on the street another tool to use to
better protect the public he serves and to better protect himself and other
officers he or she serves with.
Certain officers within the sheriff’s office due to their current duty status, such
as: SWAT, plainclothes, and undercover, etc. may by the nature of their
assignment require further firearms training. The chief firearms instructor
provides this training. He may assign other instructors to assist, however it is
ultimately his decision as to the frequency and type of training these officers
receive. (It shall be noted that all officers of this office will receive at least
the minimum qualification required by the DCJS before any specialized
training).

II. OFFICE FIREARMS INSTRUCTOR AND ARMORER


A. The duties of the armorer/firearms instructor are:
1. To provide for the care and maintenance of sheriff’s office
weapons.
2. To inspect all weapons being returned to insure they are clean
and serviceable.
3. To repair all malfunction weapons.
4. To maintain records of issuance, care, and maintenance of office
weapons.
5. To issue office ammunition.
6. To inspect and certify as serviceable personally owned firearms
that are authorized for on-duty and off-duty use.
7. To inspect and authorize the use of holsters for off-duty use if the
officer prefers to use a holster other than the one issued by the
Sheriff’s Office.
8. The armorer/instructors shall inspect all weapons sued by
officers, both on and off duty at each qualification.
9. The armorer/instructors shall maintain a record of all weapons
with which offices have qualified, this record shall include the
following:
a. Officer’s name
b. Make and model of weapon
c. Serial number of weapon
B. Modifications of weapons.
1. Office weapons shall not be modified or altered without written
approval of the sheriff or his designee.
2. Privately owned firearms shall not be modified after the officer
has qualified and his scores recorded.
C. Firearms Inspections
1. The instructor shall inspect each weapon during the
qualifications program on the range. The armorer/instructor shall
inspect each officer’s issued firearms to ensure that they are
maintained in a clean and serviceable condition.
a. Firearms inspections shall include handguns, shotguns, and
other authorized weapons, (rifles, sub-machine guns)
b. Ammunition shall be inspected to see that it is office issue,
of correct quantity, and in serviceable condition.
c. Upon completion of inspection, the inspecting office shall
forward a memorandum to the sheriff that documents to
following:
i. The date of inspection
ii. The name of each officer inspected
iii. The findings of the inspection
iv. Recommendations if any

II. USE OF DEADLY FORCE


A. Officers of the Alleghany County Sheriff’s Office may use deadly force
only in the following situations:
1. To protect the officer’s life
2. When the officer feels that he may suffer grievous bodily injury
3. To protect the life of a civilian
4. To protect a civilian from grievous bodily injury
5. To prevent the escape of a criminal, whose escape will certainly
result in the death or serious bodily injury of another.
B. Officers are required to properly identify themselves as police officers,
when such identification does not jeopardize their lives.
C. Officers are instructed not to use warning shots in the attempted
apprehension of criminals (warning shots are prohibited for all situations)
D. Officers are to use as much discretion as possible to prevent the injury of
civilians due to the discharge of service weapons (backstops, crowds,
homes, etc.)

III. RANGE TRAINING


A. Upon arrival at a training range or facility, all officers are to unload their
weapons prior to exiting their vehicles.
B. Unless on the firing line there are to be no loaded weapons on the range,
by officers on the range for training.
C. Firearms are to be holstered or grounded unless in a designated handling
area, or on the firing line.
D. Once an officer receives the load command while on the firing line, it shall
be his/her responsibility to keep loaded throughout the course of fire (a hot
range). Once that course of fire is completed, officers are to unload and
show clear to a range officer, holster and or ground their weapons.
E. Officers are to acquire provided eye and ear safety devices before moving
to the firing line (there are to be no, repeat no, exceptions to this rule).

IV. USE OF FORCE REPORT


A. If an officer fires his weapon on duty, or off duty while acting as a police
officer or in the defense of life, he shall immediately inform the supervisor
on duty, and fill out the appropriate report (officers firing upon animals,
firing on signals, etc, need not fill out a use of force report but do need to
fill out a general offense report).

V. QUALIFICATIONS
A. Officers shall be required to qualify annually.
B. Criminal Justice courses of fire will be used according to state standards.
C. ACSO courses (determined by the firearms instructors) shall also be used.
D. Members who fail to qualify will be required to re-qualify within 30 days
of their failure to qualify (members must qualify with an instructor of the
Alleghany County Sheriff’s Office).
1. Members who fail a second time will relinquish their firearms to
the instructor, the sheriff or his designee will be notified and at
the sheriff’s discretion, said member may be suspended, until
such a time as he/she re-qualifies or is terminated.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 107 EFFECTIVE DATE: 05/01/04

USE OF FORCE, INVESTIGATION

I. POLICY
The serious responsibility entrusted to the Sheriff’s Office to exercise the
intelligent use of force to maintain public safety and order, requires that the
Sheriff’s Office establish procedures to ensure the proper investigation of all
use of force incidents.

II. PROCEDURE
A. Discharge of Firearms: Whenever a deputy discharges a firearm, either
accidentally or intentionally, except under competition, practice, ballistics
testing on an approved firing range, or dispatched to an injured animal, the
following procedures will apply:
1. When the incident does not involve the shooting of a person, the
supervisor or deputy-in-charge, originally notified, will prepare a
full report, in duplicate, to the Sheriff indicating the facts and his
analysis of the case.
2. When the incident involves a discharge at a person, the Sheriff,
Chief Deputy and shift supervisor will be notified and will:
a. Respond immediately to the scene, reviewing general
conditions (e.g. lighting, pedestrian traffic, etc.), note the
point of discharge and impact for the rounds fired, and
secure the names, addresses, and preliminary statement
from all witnesses.
b. Prepare a full report, in duplicate, to the Sheriff indicating
the facts and his/her analysis of the case.
3. When the incident involves the shooting of a person:
a. All deputies who witnessed the incident will remain at the
scene until the arrival of the Sheriff or investigator so
arrangements for necessary statements can be made.
b. The supervisor will respond immediately to the scene.
He/she is responsible for the following duties:
 Command of the scene and protection of the
evidence.
 Rope off the immediate area, if possible, and
remove all unauthorized persons, including deputies
not required at the scene.
 Insure that all witnesses, including deputies remain
at the scene until personnel can make arrangements
for necessary statements to be made.
 If other duties permit, personally accompany the
deputy to the hospital for medical treatment, if
required, and to the Sheriff’s Office for further
investigation as directed by the Sheriff/Chief
Deputy/Investigator. If the supervisor is to
personally accomplish these duties, he is
responsible to assign these responsibilities to
another deputy, preferably a supervisor.
c. Designated personnel of the Sheriff’s Office, to include
the Sheriff, Chief Deputy and Investigators will report to
the scene immediately upon notification. In the absence
of the Sheriff, this responsibility will rest with the Chief
Deputy or Investigators.
d. The Investigators have the following duties:
 Assume responsibility to protect the scene and
evidence.
 Oversee the processing of the scene.
 Take statements from all witnesses.
 Advise the Deputy involved of his rights, at the
offset of the investigation.
 Conduct all necessary investigative actions required
to determine the question of criminal responsibility.
This includes a ballistic examination of all firearms
discharged when more than one officer has fired his
weapon in a single incident.
 Prepare a detailed report regarding the incident and
their investigation thereof for submission to the
Sheriff and Commonwealth’s Attorney.
 When criminal charges appear warranted, prepare
appropriate forms for the submission to the Sheriff
and Commonwealth Attorney.
e. The investigators also have the following duties:
 Work closely in parallel with the Sheriff’s Office
personnel in securing facts at the scene from
witnesses.
 Take any additional statements necessary to
determine adherence to Sheriff’s Office Policy.
 Conduct all necessary investigative action required
to determine the question of compliance with
Sheriff’s Office Policy.
 Prepare a detailed report regarding the incident and
their investigation thereof for submission to the
Sheriff.
f. The Chief Deputy or Senior Officer designated by the
Sheriff is responsible for:
 To insure that all investigative requirements are
accomplished.
 To make a determination whether the deputy
inflicting the gunshot wound should be:
01. Returned to field duty.
02. Assigned to non-field duty.
03. Suspended without pay
04. Placed on administrative leave without loss
of pay or benefits pending the outcome of
the investigation.
g. Neither the advising or right or the reassignment or
temporary suspension of the Deputy under the
investigation procedure is intended to imply or indicate
that the deputy acted improperly.
h. If suspended pending investigation, the deputy shall be
available at all times for official interviews and
statements regarding the case, and shall be subject to
recall to duty at any time. He/she shall notify the Sheriff
prior to leaving the county. When a decision is made by
the Commonwealth Attorney or the Grand Jury relative to
the homicide, the Sheriff will:
 Suspend the Deputy, without pay, if the prosecutor
files criminal charges or the Grand Jury returns a
“True Bill”, or
 Reinstate the Deputy to active duty if the prosecutor
determines the homicide to be justifiable or the
Grand Jury returns a “No Bill” except in those
situations where pending Sheriff’s Office charges
require the Deputy to be under suspension.
i. The Deputy shall not discuss the investigation of the case
with any one except the prosecuting attorney and
involved Sheriff’s Office personnel. This does not
prohibit the Deputy from discussing the case with his
attorney(s).
4. The Sheriff May:
a. Summon the Major Crime Team Response Team or the
Virginia State Police Investigators to handle such a case
if he deems necessary.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 108 EFFECTIVE DATE: 05/01/04

MEDICAL TREATMENT

I. POLICY
After the use of force has been applied and the threat to Deputy safety and the
safety of third persons has been removed, it is essential that all appropriate
steps be taken to minimize the likelihood of death or permanent physical
injury to all persons receiving that application of force.

II. PROCEDURE
A. After the need for using force has ceased, the Deputy should adhere to the
following procedures:
1. In cases of apparent death, the deputy should immediately
check for vital life signs.
2. In the case of injury, the deputy shall apply or seek the
appropriate first aid treatment necessary to preserve life and to
minimize permanent injury.
3. Where serious injuries such as gunshot wounds, serious head
trauma, broken bones, profuse bleeding, unconsciousness or
convulsions occur, etc., after recognizing such injuries, the
deputy shall request an ambulance and shall notify his
supervisor or deputy in charge.
4. On lesser injuries, the deputy will be responsible to see that the
individual received proper medical attention.
5. In the event that a deputy is injured, the responding Supervisor
should insure that the appropriate medical attention is received,
and if hospital treatment is necessary, the Supervisor should
accompany him and notify the Chief Deputy and/or the Sheriff.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 109 EFFECTIVE DATE: 03/01/2017

EMERGENCY RESPONSE TEAM (ERT)

(See Emergency Response Team Manual)


.Policy ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 110 EFFECTIVE DATE: 03/01/2010

URBAN PATROL RIFLE (UPR)

PURPOSE AND SCOPE:


In order to more effectively and accurately address the increasing level of fire power and
body armor utilized by criminal suspects, the Alleghany County Sheriffs Department will make
patrol rifles available to qualified patrol officers as an additional and more immediate tactical
resource.

DEFINITION:
A patrol rifle is an authorized weapon, which is owned by the Department and is assigned to
trained and qualified officers as a supplemental resource to their duty handgun or shotgun.

SPECIFICATIONS:
The authorized patrol rifle issued by the Department shall be chambered in .223 caliber.
Officers are responsible for the care and maintenance of their assigned rifle.

RIFLE AMMUNITION:
The only ammunition authorized for patrol rifles shall issued by the Department. The
ammunition issued will consist of factory loads in .223 caliber.

RIFLE MAINTENANCE:
(a) Primary responsibility for maintenance of Department issued patrol rifles shall fall
on the Firearms Instructor who shall inspect and service each patrol rifle.

(b) Each patrol officer carrying a patrol rifle will be required to field strip and clean his or her
assigned patrol rifle as needed.

(c) Each patrol officer shall be responsible for promptly reporting any damage or malfunction of
an assigned patrol rifle.

(d) Each patrol rifle shall be subject to inspection by a supervisor or Firearms Instructor at any
time.

(e) No modification shall be made to any patrol rifle without the authorization of the lead
Firearms Instructor

TRAINING:
Officers shall not carry or utilize the patrol rifle unless they have successfully completed training.
The patrol rife instructor will approve this training. Officers must meet departmental standards
when qualifying. Officers shall thereafter be required to successfully complete annual training
and qualification conducted by a certified patrol rifle instructor.
DEPLOYMENT OF THE PATROL RIFLE:
Officers may deploy the patrol rifle in any circumstance where the officer can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines for
deploying the patrol rifle may include, but are not limited to:

(a) Situations where the officer reasonably anticipates an armed encounter


(b) When an officer is faced with a situation that may require the delivery of accurate and
effective fire at long range
(c) Situations where an officer reasonably expects the need to meet or exceed a suspect’s
firepower
(d) When an officer reasonably believes that there may be a need to deliver fire on a
barricaded suspect or a suspect with a hostage
(e) When an officer reasonably believes that a suspect may be wearing body armor
(f) When authorized or requested by a supervisor

E.R.T. MEMBERS:
Members of the Department’s Emergency Response Team (E.R.T.) may
carry a department issued rifle that differs in specification and equipment from that of the
department issued rifle. Members of the department’s E.R.T. team receive unique tactical and
military style training allowing them to more effectively deal with critical incidents beyond the
normal scope or control of the patrol officer. Nothing in this policy is designed to limit or
preclude members of the Department’s E.R.T. team, when circumstances warrant, from using
their training and experience in both weapons and tactics to achieve a legitimate law enforcement
purpose. The Sheriff and the E.R.T. Commander must approve any rifle prior to its deployment in
the field by an E.R.T. member.

DISCHARGE OF THE PATROL RIFLE:


The discharge of the patrol rifle shall be governed by the Department’s Use of Force Policy.

PATROL READY:
Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in the “patrol
ready” until deployed. A rifle is considered “patrol ready” when it has been inspected by the
assigned officer and meets the following conditions:
(a) The chamber is empty
(b) The rifle bolt is forward with the hammer down
(c) The rifle safety is on
(d) There is a fully loaded magazine in the rifle with no more than 27 rounds
(e) The dust cover is closed
(f) The rifle is stored in the locked patrol vehicle’s trunk

RIFLE STORAGE:
(a) When not in use, patrol rifles will be stored in the supplied case, in the locked truck of the
assigned officer’s patrol vehicle.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 111 EFFECTIVE DATE: 03/01/2010

Taser X26 - Electronic Control Device

PURPOSE:
The purpose of this policy is to establish guidelines for the
deployment and utilization of the Taser X26, an Electronic Control
Device (ECD).

POLICY:
The Alleghany County Sheriff’s Office places the highest of value
on human life. The Taser X26 is a less lethal force option. Like
other less lethal options available to deputies, the Taser is intended
to provide deputies with a force option that may be used to contend
with combative subjects, assaultive behavior (directed at the officer
or others), subjects that are actively resisting arrest, and subjects
that are threatening harm to themselves or others.

The Taser is in addition to, not a replacement for, existing


defensive tactics and other less lethal weapons. The decision to
use the Taser is based on the same criteria an officer uses when
selecting to deploy a chemical spray (OC). While it may be a viable
option in a situation requiring the utilization of force, it is not to be a
replacement for firearms, and deputies are never required to use
less force that the subject(s) involved in any violent encounter.
Less lethal options, including the Taser, may not be used where
statutory requirements for use of force cannot be satisfied.

The recommended target area for frontal shots is lower center


mass. When possible, avoid center chest shots with the Taser.
Officers are also encouraged to aim for the back area when
deploying the Taser, without compromising officer safety. Sensitive
areas such as the head, neck, groin, female breasts, etc. should
not be intentionally targeted unless these areas can be justified as
primary intended targets under the totality of the circumstances.

The first cycle of the Taser application is designed to capture the


individual so that he or she can be controlled or restrained.
1. If the subject of a Taser application continues fighting,
resisting, threatening, or continues to resist an officer's
actions, the officer may reapply the Taser for a second
time.
2. If the Taser application appears to be ineffective in
restraining the combative subject, the officer should
consider other force options.

A. DEFINITIONS:
1) Electronic Control Device (ECD): A device that uses high
voltage electrical energy to temporarily incapacitate an
individual by stimulating the subject’s peripheral neuromuscular
system.

2) Taser X26: A handheld electronic control device (ECD) that can


be used by law enforcement as a less lethal force option.

3) Duty Cartridge: ACSO deputies will only use cartridges


manufactured by Taser International. The cartridge contains the
projectiles: probes, trailing wire and AFIDs (Anti-Felon
Identification tags).

4) Less lethal force: A concept of planning and force application,


which meets operational objectives, with less potential for
causing death or serious physical injury than conventional police
tactics/equipment.

B. Functioning of Taser X26:

1) The Taser deploys two metal probes that apply high voltage
electrical energy to override the neuromuscular system.

2) The application can be delivered into the body through two


inches of clothing.

3) The wider distance between the probes, the better the


incapacitation. The Taser is equipped with a laser sighting
device as well as open traditional sights. When fired, the top
probe will strike the approximate location of the red laser dot.
The second probe will strike within 12 to 36 inches of the top
probe, dependent upon the distance from the officer. The
bottom probe of the Taser is factory set to travel downward at
an 8 degree angle from the top probe; this is what creates the
probe spread and why distance from the target is the variable.

4) A Taser (without a cartridge or containing a spent cartridge)


may be used in drive stun mode. In this mode, the officer
presses the Taser against the subject while depressing the
Taser trigger which initiates a full discharge cycle. When used
in drive stun mode, the weapon is:

a. primarily a pain compliance tool due to the lack of probe


spread;

b. minimally effective when compared to conventional


deployment;
c. more likely to leave marks on the subjects skin;

d. subject to the same deployment guidelines and


restrictions as when deployed in normal cartridge mode,
and
e. dependent upon the situation.

C. Issuance
The Sheriff’s Office Emergency Response Team will be issued
a Taser. Other Tasers will be kept in the communications office
and available to be checked in and out by on-duty deputies that
are certified Taser operators. Deputies will be required to return
the Taser to the communications office at the end of their shift.
While carrying the Taser is optional, uniformed deputies will
wear the Taser on their duty belt on the opposite side of their
firearm (in a cross draw position) to avoid weapon confusion.

a. When an officer checks out a Taser, he/she must


remove the cartridge from the ECD, point the Taser in
a safe direction, and perform a “spark test”. Each
officer is responsible for visually inspecting the device
and cartridge for noticeable wear and damage.
b. The Taser and cartridges should be protected from
extreme weather conditions, temperatures, and
exposure to dust, dirt, mud, etc.
c. If damage is noticed to an ECD or cartridge, the
officer will turn over the damaged unit to a supervisor
to be sent back to the factory for repair. Before
sending the damaged unit back, a usage report will be
downloaded.
d. ECD usage histories : Usage history report will be
downloaded as needed from the devices for:
1. Claims of excessive force
2. Hospitalization of the subject post
application
3. Any serious injury or death associated
with ECD usage
4. Claims of excessive number of
discharges

D. Security
While on duty and not having their Taser in their possession,
officers shall secure their Taser just like their service firearm.
Unlike firearms, a Taser may be taken into the Alleghany
Regional Jail. Just like a firearm, the Taser is a weapon and no
other than a trained officer is authorized to handle a Taser.

E. Considerations for less lethal options:

1. the amount of time the officer has to react;


2. the officer’s relative proximity to the person(s) posing the
threat;
3. the immediacy of the need to incapacitate the subject;
4. the officer’s ability to isolate or contain the person(s)
posing the threat;
5. the limitations of the less lethal force device being
deployed; and
6. the belief that the application is likely to be successful.

F. Deployment constraints –
While the Taser is designed to be a less lethal force option, it
should not be used without considering the subject, the
environment and physical setting. A Taser application can result in
a fatality. The following factors, when apparent to officers, require
an elevated justification for ECD applications. Under the following
conditions, the risks of direct or secondary injuries are elevated.
Officer’s justifications for ECD deployments are also elevated.
Elevated risk factors can only be given consideration when they
are perceived by the involved officer(s):
1. when the subject has been exposed to flammables such
as gasoline, gunpowder, explosives, or alcohol-based
pepper spray that may be ignited from a spark;
2. when the subject' s physical location (e,g., near a fire,
stairwell, or swimming pool, on a bicycle, etc.) increases
the risk of secondary injuries from the Taser application;
3. fleeing suspect
4. when the subject appears to frail or infirm

5. Children, elderly, restrained subjects, and


passive resistant subjects may require additional
justification

6. When the subject is obviously pregnant; or

7. when the subject is in control of a motor vehicle, with the


engine running and in gear.

G. Training – only personnel that have successfully completed


Taser training, both initial and annual recertification,
conducted by a certified instructor shall be permitted to carry
and/or deploy a Taser. The collection and maintenance of
Taser training records is the responsibility of the designee of
the Sheriff and will be kept in the employees training records.
All training regarding the use of the Taser by Sheriff's office
personnel shall incorporate not only manufacturer based
information and recommendations, but also the latest
information regarding safety, tactical deployment, and any
pertinent current medical information and findings regarding
the effects of the Taser on human beings.

H. Application of Taser - all applications of less lethal force


options, including the Taser, are expected to conform to the
principles outlined in the Taser training certification course
and to be consistent with the department's use of force policy.
At the earliest practical opportunity a Sheriff's office
supervisor shall be notified of a potential or completed Taser
application.

1. If applicable, the on-duty supervisor and at least one


backup officer will respond to the scene. For potential
Taser deployments, the backup officer and/or the
supervisor may provide cover for the officer deploying the
Taser providing that such usage is consistent with the
department's use of force policy.
2. Whenever feasible, and officer preparing to discharge the
Taser will announce, In A Loud And Clear Voice: TASER
– TASER – TASER. This pronouncement is designed to
alert other law enforcement personnel to stand clear.
While recommended, the pronouncement is dependent
on the situation and it’s acknowledged that some will
escalate so swiftly pronouncement is not feasible.
3. If a supervisor is not on duty, one will be notified post-
application and will respond to the scene with the current
location of the subject.

I. Post-application procedure:
1. Medical Response
i. whenever a Taser is deployed and makes
contact with a subject, both in regular and drive
stun modes, the officer should evaluate the
subject’s condition and if necessary contact
EMS to respond to the scene.
ii. Probe removal – removal of probes in non-
sensitive areas may be done by officers
according to probe removal training guidelines,
which include the wearing of protective gloves.
Officers or other trained personnel will provide
first aid following removal of the probes by
wiping the area with an alcohol wipe and
applying a bandage to the sites as needed.
Officers should inspect each probe after
removal see that the entire probe and Barb has
been removed in the event that a probe or
Barb has broken off and still embedded in the
subjects skin, the subject shall be provided
appropriate medical attention. Probes
embedded in sensitive areas shall only be
removed by trained medical personnel.

iii. The probes are considered a biohazard in the


probes and spent cartridge will be handled
accordingly. The probes may be placed point
down into the expended cartridge borders and
secured until they can he properly disposed of
in a sharps box. If the expended probes are
collected and maintained as evidence they
should be appropriately secured, tagged,
labeled as biohazard, and properly placed in
the department’s evidence room.(See
departments evidence handling policy)

2. Reporting requirements
a. officers and their supervisors are responsible
for gathering comprehensive information about
each Taser deployment. Pictures may be taken
of the probe entry points. If the probe
embedded in it personal, sensitive area,
photographs should not be taken.
b. officers shall document field use of the Taser
on a ECD use report
c. where special subject, setting or environmental
conditions or factors (such as those mentioned
in subsection “F”) are involved in the
deployment, officers shall articulate those
conditions\circumstances in the report.
d. When a Taser is deployed and makes contact
with a subject, the Sheriff or chief deputy will
be notified immediately.

J. Other permissible uses of the Taser include during training


and by trained personnel to temporarily incapacitate an
animal when:
a. The animal is threatening or attacking a person
b. The animal has caused a public nuisance and needs
to be captured for reasons of public safety.
c. The animal poses a threat to officers in the
performance of their duty.

Center mass of the animal should be targeted. Animal


control should be considered to help restrain the animal.
After application, if the animals health is in jeopardy, it will be
taken a veterinarians office for treatment. The animals
owner, if known, will be responsible to the costs of treatment.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 111 EFFECTIVE DATE: 03/01/2010

LESS LETHAL MUNITIONS

PURPOSE:
The purpose of this order is to identify the conditions under which
deputies may deploy and use less lethal impact munitions.
POLICY:
The Alleghany County Sheriffs Department places the highest of
value on human life. Certain deputies are authorized and trained in
the use and deployment of less lethal munitions. “Less lethal
munitions” is a concept of planning and force application, which
meets operational objectives, with less potential for causing death
or serious physical injury than conventional police
tactics/equipment.

DEFINITIONS:
A. “Projectiles which are designed to stun, temporarily incapacitate,
or cause temporary discomfort to a person without penetrating the
person's body."
B. Kinetic Energy Impact Projectiles - Flexible or non-flexible
projectiles (E.g. "beanbags"), which are intended to incapacitate a
subject with minimal potential for causing death or serious physical
injury, when compared to "conventional" rounds.

PROCEDURES FOR USE:

Less Lethal Extended Range Impact Weapons

EVALUATION OF LESS LETHAL PROJECTILES FOR USE:


Kinetic energy impact projectiles will be evaluated for use on the
following criteria:

A. Accuracy:
1. This is the primary consideration, since proper shot placement
greatly assists in controlling the other two evaluation criteria.

2. This will be evaluated based on the anticipated ranges of


deployment.
B. Effectiveness:
1. This is the potential for the round to cause incapacitation and
reduce the subject's ability to continue their inappropriate
behavior.

2. The level of energy necessary to cause incapacitation creates


the potential for injury, but when properly deployed, use
should result in a low probability for causing serious physical
injury or death.

C. Potential for causing death or serious physical injury:

1. The potential for causing death or serious physical injury with such
projectiles is a reality. This potential is greatly reduced when
impacts to the head, neck and chest are avoided, and when
appropriate medical examination is provided in cases where the
subject is struck in an area that might conceal a closed injury.
(Including such areas as the chest, back, thoracic and abdominal
cavities and groin)

2. When engaging a subject, the officer shall evaluate the


effectiveness of each round after each shot. Compliance and/or
incapacitation are the desired goal, and alternative target
areas/response should be considered when rounds are not
effective. Alternative target area/response considerations will be
based on the circumstances the officer is encountering.

TARGET AREAS:
A. Less Lethal projectiles shall be delivered to suspect target areas
based on the circumstances of the situation and the level of force
authorized. The deployment of less lethal projectiles shall be in
conformance with departmental training guidelines pertaining to
recommended target areas.

B. Head/Neck and Chest - Intentional impacts to these areas


should be avoided unless the use of deadly force is justified,
necessary and appropriate.

DEPLOYMENT TECHNIQUES:

Weapons used for the deployment of less lethal munitions shall be


dedicated to that purpose. These weapons shall be clearly marked.
The use of other than less lethal rounds in these weapons is
prohibited unless necessary to protect the life of the public or
officer. When deploying less lethal munitions, the following
procedures should be adhered to:
A. Less lethal munitions should not be used at a distance of less
than 15 ft (5 yards) from the target. With this in mind, the greater
the distance, the less the accuracy. The primary less-lethal
munition will be the 12g beanbag round.

B. When practical, other officers involved in an incident in which


less lethal munitions are deployed should be advised of the
deployment prior to the discharge of the weapon.

C. During the deployment of less lethal munitions, the officer in


charge of the incident should constantly evaluate the option
selected against changing circumstances.

D. When practical, multiple tactics should be used to overwhelm


the suspect. I.e. less lethal may be used in conjunction with a
distraction device or chemical agent.

E. A weapon loaded with less lethal munitions shall be treated with


the same care and caution as weapons loaded with "lethal"
munitions.

F. Less lethal projectiles should not be employed without a cover


officer with lethal munitions being assigned as an escort. If it is
believed the subject is carrying a firearm, less lethal shall not be
deployed without the use of a cover officer with lethal munitions.
Officers shall only deploy those less lethal munitions, which are
provided by the department. The deployment of less lethal
munitions shall only be performed by those officers trained and
showing proficiency in their deployment.

HANDLING OF INJURED SUBJECTS:

Suspects who are struck by less lethal projectiles shall be secured


and transported to a medical facility for examination and treatment.
If a projectile strikes a bystander, medical personnel shall be
summoned to the scene, and the subject shall be encouraged to
seek examination at a medical facility.

REPORTING AND INVESTIGATION:

Officers shall complete a departmental Use of Force Report, in


addition to any other applicable reporting requirements, after
deploying less lethal projectiles. An investigation shall be
conducted into any situation involving the firing of a less lethal
projectile at a suspect.

TRAINING:

Officers shall be provided training in the use and deployment of the


departmental less lethal munitions prior to being allowed to deploy
the weapons. On an annual basis, officers will receive refresher
training in the use and deployment of less lethal munitions.
ALLEGHANY COUNTY SHERIFF’S OFFICE NARCAN ADMINISTRATION

Reporting Deputy: ____________________________ Date/Time: ____________

Use of Narcan During Emergency Drug Overdose


How many doses of intranasal Narcan did you use? ____________________

Date Narcan was used (MM/DD/YY): ______________________

Location of Use
Location of the Drug Overdose: Address (if available, or approximate location):
____________________________________________________________
____________________________________________________________
Was this a (Check one only):

House/Apartment Business Outside/Street School Unknown Other_____________

About the Drug Overdoser


Is the drug overdoser (check all that apply):

Male Female Transgender Unknown

Is the drug overdoser (check all that apply):

African-American/Black Hispanic/Latino(a) Caucasian/White Native American

Asian/Pacific Islander Unknown Other ____________________________

About how old is the drug overdoser? (use your best guess) __________ years old

What Drugs Had Been Used


Did the drug overdoser use (check all that apply):

Heroin Cocaine Methadone Amphetamine Benzos Alcohol Pain Pills Other ______

Condition of Drug Overdoser


Was the drug overdoser conscious before Narcan was used? Yes No Unknown
Was the drug overdoser breathing before Narcan was used? Yes No Unknown

Actions Taken
Was rescue breathing needed and performed? Yes No Unknown
Was overdoser placed in the recovery position? Yes No Unknown
Were seizure and safety precautions taken? Yes No Unknown
Were Emergency Medical Services (911) contacted? Yes No Unknown
Was overdoser transported to a hospital? Yes No Unknown

Outcome
Did the drug overdoser survive? Yes No Unknown
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 113 EFFECTIVE DATE: 12/01/17

NARCAN (NALOXONE) PROGRAM

PURPOSE The purpose of this general order is to establish guidelines and regulations governing
utilization of the intranasal Narcan (Naloxone) Program administered by the Alleghany County
Sheriff’s Office. The objective is to treat and reduce fatalities due to opioid overdoses.

II. POLICY The Code of Virginia (§ 54.1-3408) allows LEOs as defined in § 9.1-101 to carry
and administer naloxone if they have completed a training program. It is the policy of the
Alleghany County Sheriff’s Office that all members who are issued the Narcan (Naloxone)
antidote drug shall have participated in the mandated training curriculum approved by the
Virginia Department of Behavioral Health and Developmental Services. Members will carry
Narcan while on duty and in a manner approved by the agency and in compliance with
manufacture’s recommendations.

III. TRAINING
a. Any deputy who will be issued Narcan will participate in training through an approved
training course. The initial training (REVIVE! Train the Trainer) will be instructed by a
representative from The Department of Behavioral Health and Developmental Services. The
Sheriff’s Office will have deputies who are qualified in instructing this program who will train
new the remainder of the agency and any new hires as they begin work in the future.

b. The department’s Narcan coordinator (Chief Deputy) shall ensure that any deputy who is
issued Narcan will receive a refresher training course every two years.
c. Upon issuing a new Narcan kit, the deputy’s training documentation will be checked to assure
it is still in date.

IV. NARCAN USE The Code of Virginia stipulates (§ 8.01-225) that anyone who prescribes,
dispenses, or administers naloxone is immune from any claims for civil damages as a result of
adverse consequences or unsuccessful administration.

a. When using the intranasal Narcan kit, the deputy will maintain universal precautions, perform
patient assessment, and determine unresponsiveness, absence of breathing and/or lack of pulse.

b. The deputy will update dispatch that they are dealing with a potential overdose situation and to
record the time if/when Narcan is administered for documentation purposes. The deputy shall
also notify an on duty supervisor as soon as possible to inform that Narcan has been
administered.

c. Dispatch will notify appropriate EMS to respond.

d. The deputy shall follow the protocol as outlined in the intranasal Narcan training they received
in accordance to the Virginia Department of Behavioral Health and Developmental Services.
e. The deputy will remain with the subject to whom the Narcan was administered in order to
render appropriate first aid as necessary until EMS personnel arrive.

f. Upon EMS arrival, the deputy will immediately inform EMS that Narcan has been
administered and the number of doses used.

g. After the administration of Narcan, all used Narcan parts will be collected and turned over to
EMS for disposal UNLESS the parts are deemed necessary to be entered into evidence. Once the
device is used, it is considered bio-hazardous material.

h. Any parts deemed necessary to be entered into evidence will follow Property and Evidence
policy and procedures.

i. Upon appropriate disposal of the Narcan kit, the shift supervisor will forward the information
to the department’s Narcan coordinator (Chief Deputy) for replacement.

V. MAINTENANCE AND REPLACEMENT

a. Narcan kits will be carried and maintained in accordance to manufacturer’s storage


recommendations.

i. Proper temperature storage levels are imperative to avoid degrading Narcan effectiveness.

ii. It is recommended and preferred that all deputies who are issued Narcan kits to remove them
from their vehicle at the end of each shift to avoid extreme temperatures on off duty time.

b. Each deputy who is issued Narcan will be responsible for inspecting the Narcan kit assigned to
him/her, for signs of damage and to ensure the kit has not expired.

c. Any lost or damaged Narcan kit will be reported as soon as possible to the Deputy’s
immediate supervisor. The supervisor will forward any damaged kits to the department’s Narcan
coordinator (Chief Deputy) for replacement.

d. All unused Narcan kits will be stored in the Chief Deputy’s Office in a locked cabinet, within
a secure area. Each time a kit is issued out, documentation as to whom it is being issued to and
the dates are required on the form attached to the storage container.

VI. DOCUMENTATION/NARCAN REPORTING FORM Following the administration of


Narcan, the deputy shall:

a. Submit a Narcan Administration Report to the shift supervisor with details regarding how
many doses were used, the location of use, about the drug overdoser, what drugs were present,
conditions of the drug overdoser, actions taken, and outcome of the situation.

b. The shift supervisor will forward through the chain of command.


ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 115 EFFECTIVE DATE: 05/01/04

DARE

I. POLICY
It is the policy of the Alleghany County Sheriff’s Office to provide DARE
instruction to the Alleghany Highlands School System.

II. PURPOSE
The purpose of this order is to provide the students of the Alleghany
Highlands School System the knowledge they need to resist drugs and
violence. The Alleghany County Sheriff’s Office feels very strong about this
program and believes it is a great benefit to our young people.

III. PROCEDURE
The Alleghany Sheriff’s Office DARE will instruct the DARE course to each
5th grade class in the Alleghany Highlands School System each year.
Additionally, the DARE officer will have contact with other grades within the
schools to establish a student/law enforcement relationship. The DARE
officer will be assigned to at least 3 days a week, during the school year, to the
schools for the purpose of teaching DARE and establishing a relationship with
all students in the Alleghany Highlands School System.

IV. PROCEDURE – MIDDLE SCHOOL/HIGH SCHOOL


The Alleghany Sheriff’s Office DARE officer will instruct Middle School
DARE at the Alleghany Highlands Middle School. This instruction will be
taught to the 8th grade class. The DARE Officer will be assigned to the
Middle School one day a week during the school year.
The Alleghany Sheriff’s Office DARE Officer will assist the School Resource
Officer in instructing the Class Action Classes at Alleghany High School.
This instruction will not interfere with the DARE instruction at the elementary
schools or middle school.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 116 EFFECTIVE DATE: 05/01/04

FIRE AND FIRST AID RELATIONS

I. POLICY
It is the policy of the Alleghany Sheriff’s Office to have a working
relationship with all area Fire and First Aid personnel.

II. PURPOSE
The purpose of this order is to provide instruction to all Sheriff’s Officer
personnel the importance of a working relationship with all Fire and First Aid
personnel. The office is a firm believer that in order to provide the services
necessary to serve and protect the citizens of the Alleghany Highlands, the
Sheriff’s Office and all area Fire and First Aid personnel must work closely.

III. PROCEDURE
The Alleghany Sheriff’s Office will work closely and assist the area Fire and
First Aid Department. Many times these departments can be a great benefit to
the Sheriff’s Office and on many occasions the Sheriff’s Office can be of help
to the Fire and First Aid personnel.

IV. RESPONSE TO FIRE AND FIRST AID CALLS


It is the policy of this office to respond to any fire or first aid calls that can be
answered without letting other duties go undone.
In the event that the fire and first aid departments need our assistance, and we
have not been able to respond, they will request our assistance through the
Sheriff’s Office dispatch.
In the event the sheriff’s office needs the assistance of the fire and first aid
departments, the dispatcher will dispatch the fire and first aid personnel
requested to assist the Alleghany Sheriff’s Office.
All Alleghany Sheriff’s Office personnel are to know the importance of this
working relationship at all times.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 117 EFFECTIVE DATE: 05/01/04

CRIME PREVENTION

I. POLICY
It is the policy of the Alleghany Sheriff’s Office to have an active Crime
Prevention Office.

II. PURPOSE
The purpose of this order is to ensure that the citizens of the Alleghany
Highlands are educated about crime prevention. The Crime Prevention Office
will lead the Alleghany Sheriff’s Office in its efforts to promote Community
Policing.

III. PROCEDURE
The Alleghany Sheriff’s Office’s Crime Prevention Office will be supervised
by the Chief Deputy. One deputy will be appointed as the Crime Prevention
Officer. All other Department personnel are encouraged to take part in the
operation of the Crime Prevention Office.
The office of Crime Prevention will offer programs to schools, civil
organizations, clubs, citizens, etc.
The Sheriff is a firm believer in Crime Prevention in that it reduces crime,
establishes good community relations and connects the citizens of the
Alleghany Highlands with the Alleghany Sheriff’s Office.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 118 EFFECTIVE DATE: 11/05/09

DRUG TASK FORCE

I. POLICY
It is the policy of the Alleghany Sheriff’s Office to actively participate in the
Alleghany Highlands Drug Task Force.

II. PURPOSE
The Sheriff will be a member of the Command Group for the Drug Task
Force. The Sheriff will appoint department personnel to work with the Drug
Task Force.

III. PROCEDURE
All other information pertaining to the Drug Task Force will remain on file
with the Sheriff.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 119 EFFECTIVE DATE: 11/05/09

MAJOR CRIME RESPONSE TEAM

I. BACKGROUND
A well-defined procedure for the rapid activation of a team of trained police
officers to respond to the scene of a major crime for the purpose of joint
investigations of major crimes.
The Alleghany Highlands Major Crime Response Team has been formed after
many hours of discussion and planning. This concept, adopted into resolution
by the Alleghany County Board of Supervisors, Covington City Council and
Clifton Forge City Council during the month of March 1996, is a historical
achievement and show of mutual cooperation by the area Law Enforcement
agencies which includes the Virginia State Police. The formation of this unit
of trained police officers will provide for the rapid deployment of Crime
Scene Investigators to the scene of any major crime.

II. POLICY
It is the policy of the Alleghany Sheriff’s Office to provide a team of trained
officers, hereafter called Response Team members, to respond to Major
Crime, Crime Scenes. It is also policy of the Alleghany Sheriff’s Office to
provide the necessary training to the Response Team Members, as is
necessary. The department will provide 3 officers as Team Members who
will respond to Major Crimes with the Response Team. These members will
be assigned to the response team until they are replaced by other members.

III. PROCEDURE:
The Alleghany Highlands Major Crime Response Team Committee elected a
Chairman and Vice Chairman. Elections will be held each year to elect
members into these positions.
When a Major Crime occurs in any of the three Jurisdictions, Alleghany
County, Covington or Clifton Forge, the Chief Law Enforcement Officer from
that jurisdiction will decide upon of the Team. Once that decision is made,
the Chief Law Enforcement of the other jurisdictions will be contacted to
activate their teams to respond. Team members from the Alleghany Sheriff’s
Office will respond to the Sheriff’s Office when activated for information.

Below is a list of Team Members:

1. Lt. Richard Fridley (H) 540-559-4169 (C) 540-960-0340


2. Sgt. David Williams (C) 540-969-9575
3. Sgt. Robert Bates (C) 540-969-9797
CHAIN OF COMMAND

K.W. Hall
M.A. Bowser
R.T. Walton

NOTE: The Sheriff is to be notified immediately upon confirmation of a


major crime committed within Alleghany County.

In the absence of the Sheriff, the above Chain of Command will be followed
for activation purposes.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 120 EFFECTIVE DATE: 05/01/2004

ANIMAL CONTROL

I. POLICY
It is the policy of the Alleghany Sheriff’s Office to supervise the Alleghany
County Animal Control Officer. The Animal Control will be a full time
position. One part time Animal Control Officer may be employed to fill in for
sick days, vacation, personal Holiday, Etc.

II. PURPOSE
The purpose of this order is to ensure that the Animal Control Officer answer
and enforce all calls and laws that pertain to animal control in Alleghany
County. The Animal Control Officer does not routinely handle cats.

III. PROCEDURE
The Alleghany County Animal Control Officer will work a schedule of
Monday thru Friday, 8AM – 4PM, and other times as needed for emergency
calls.
The Alleghany County Animal Control Officer will enforce all Animal
Control Law that may be set by the Alleghany County Board of Supervisors.
The Animal Control Officer is an appointee of Alleghany County and will be
supervised by the Sheriff of Alleghany County.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 126 EFFECTIVE DATE: 01/01/2008

SHERIFF’S CLOSING STATEMENT

TO: All Personnel of the Alleghany County Sheriffs’ Office

As stated in the opening of this Manual, this Policy Manual cannot cover every situation
you may encounter in your particular job responsibilities. I encourage each of you (law-
enforcement, corrections, dispatch, secretaries, court security, cooks, animal control) to
use experience, policy, training and good honest judgment to decide the best and safest
way to handle any work situation.

I expect each member of the Alleghany Sheriff’s Office to support this Policy Manual. I,
as Sheriff, have the responsibility of reviewing violations of the Policy Manual, and if
necessary, determine any disciplinary action to be taken.

A three (3) member Policy Review Board will be appointed to review the manual. The
Board will meet each January. The Board will recommend any changes, additions or
corrections to the Sheriff. I encourage all personnel to voice your concerns to the Policy
Review Board.

This Office must work together to accomplish our goal of being the very best we can be
in serving the citizens of the Alleghany Highlands. Each and every person plays a very
important role in accomplishing this goal.

____________________________________
Kevin W.Hall, Sheriff
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 121 EFFECTIVE DATE: 02/01/2022

COURTROOM SECURITY

I. PURPOSE
The purpose of this policy is to outline the policy and procedure for providing
a measure of safety and security of court proceedings held in Alleghany
County. The policy also outlines procedures to be used in cases of fire,
medical emergency, hostage/barricade situations, bomb threat, required
evacuations, escapes from custody, or any other situation that threatens the
life and/or safety of anyone in the courthouse.

II. POLICY
It is the policy of the Alleghany County Sheriff’s Office to provide a measure
of safety and security of individuals who are visiting, or working in the
Alleghany County Courthouses, parties to actions in court, witnesses, or the
general public. It is further the policy of the Sheriff’s Office to maintain the
orderly conduct of trials and other legal activities that take place in the
courthouses. The Sheriff’s Office is also to be prepared to take appropriate
measures when emergencies arise in the courthouse.

III. DEFINITIONS
A. Bailiff – A deputy Sheriff whose primary function is to protect the
presiding judge and jurors, maintain order in the courtroom, announce the
opening and closing of court, call witnesses and persons to appear in the
court, attend to other matters under the court’s directions, and maintain
security of defendants in the courtroom.
B. Court Security – Procedures, technology, and architectural features needed
to ensure both the safety or people and property within the courthouse, and
to ensure the integrity of the courthouse.
C. Transportation Deputy – A deputy who is primarily responsible for
transporting a prisoners to and from court as well as the security of that
prisoner during court.

IV. PROCEDURES
A. Courthouse/Courtroom Security Procedures
1. The Sheriff’s Office is responsible for the security of the
courthouse facility, including both public and non-public areas.
The Alleghany County Sheriff’s Office and the Covington Police
Department is responsible for the safety and security of the
sidewalks and streets adjacent to the courthouse. The Covington
Fire Department and Rescue Squad are responsible for
responding to all fire alarms and request for emergency medical
assistance in the courthouse, including the prisoner holding
areas.
2. All sworn members of the Alleghany County Sheriff’s Office are
responsible to identify threats, or potential threats, to the safe and
orderly operation of the courts, the judicial process, or to the
courthouse itself. Such threats may include, but are not limited
to, escape, attempted escape, disorderly conduct, physical
assault, with or without a weapon, bomb threat, and bomb
explosion.
3. Deputies are assigned by the Chief Deputy to
courtroom/courthouse security and to duty within the courthouse.
a. In criminal and civil cases a bailiff is assigned.
b. In all instances of Court Security, the Chief Deputy will
have the responsibility to adequately staff required posts.
4. Defendants remanded into the custody of the Sheriff, directly
from the court, will be moved immediately by the deputy
assigned to security from the courtroom to the holding cell. The
Jail Deputy will move them to the jail as soon as possible
5. The courthouse design provides separate circulation patterns for
the public, judges and staff, juries and prisoners. The public is
generally excluded from the interior office spaces. All deputies
assigned to the courthouse should assist the public in finding the
location they seek, and prohibit their entry into the non-public
areas.
6. Restraints are available for use in the courtroom when ordered by
the judge. Restraints should be stored in a location convenient to
the courtrooms.
7. Any duress alarms will be tested monthly. Test will be logged in
the dispatch office. County maintenance will be immediately
notified if an alarm is not functioning.

B. Responsibilities of Deputies/Bailiffs in General District, JDR, and Circuit


Court.
1. Upon assignment to a courtroom, the bailiff will initiate a
thorough search of the courtroom.
2. The bailiff will position themselves in the courtroom at a
location providing the best view of the courtroom, including the
occupants, the doors, and any windows. The bailiff should never
sit or stand with his back to the audience in the courtroom nor
place himself in an area where he is unable to immediately see
who enters, or intends to enter, the courtroom. The bailiff should
remain attentive and alert at all times and refrain from
unnecessary movements or actions which may detract from the
proceedings.
3. At any time during a court session there is excessive or
disruptive talking among the audience, the bailiff should take
action to quiet the audience members. Such action may include
expulsion of the individual(s) causing the disturbance from the
courtroom or courthouse.
a. Newspaper or magazine reading by spectators in the
courthouse, while court is in session, is not permitted.
Eating, drinking, or smoking is also prohibited at all times
in the courtroom. The bailiff is responsible to assure that
such activities do not take place.
4. The bailiff should limit disrupting traffic into or out of the
courtroom when the court is in session, particularly during the
opening and closing arguments.
5. When a witness is called by the clerk, the bailiff may escort the
witness to the witness box. The bailiff should remain alert to the
presence of witnesses in the courtroom who have been excluded
from the proceedings.
6. At any time the bailiff believes that additional assistance is
needed, he should immediately notify dispatch, control and the
Chief Deputy by the fastest possible means.

C. Responsibilities of Deputies Assigned to Court Security


1. The bailiff(s) assigned to court will have the primary
responsibility for handling the prisoner(s) for the court. The
following guidelines apply to prisoners entering the courtroom.
These guidelines are not intended to be all inclusive, or to
replace the judgment of deputies assigned to the court.
a. The transporting deputy searches the prisoner before
leaving the jail or upon entering the holding cell area in the
courthouse.
b. The prisoner will be in front of the deputy at all times.
c. During court proceedings, the bailiff will not sit beside the
prisoner, but rather station himself in such a manner to
prevent escape or threat to the judge or other court
personnel.
d. The deputy will accompany the prisoner to the bench
during bench conferences and to the witness box.
e. Immediately prior to sentencing, the bailiff will station
himself behind the prisoner and be prepared to subdue the
prisoner should the prisoner present a threat to the security
of the courtroom, and be prepared to handle boisterous
relatives or friends.
f. Anticipate the prisoner’s actions.
g. Speak to the prisoner only when necessary, and do so in a
clear and direct manner.
h. Never permit a prisoner to have physical contact with
anyone other than his attorney or other court personnel.
i. When a prisoner is remanded into the custody of the Sheriff
by the judge, the bailiff will immediately take the prisoner
to the court holding area and will search the prisoner.
Prisoners placed in the holding cells should be transferred
to the jail as soon as possible.
j. Prisoners will not be permitted to smoke while in the
courthouse.
k. Prisoners who require the use of a restroom during a court
recess will be escorted to a holding cell or restroom.
l. No food is permitted in the holding cell areas located in the
courthouse unless approved by the presiding judge.
2. The Juvenile and Domestic Relations District Court proceedings
are confidential and non-public. With prior approval of a judge,
observers are permitted in these areas. The bailiff will be
advised by the judge if visitors are observed or permitted.
a. Bailiffs will search Juvenile and Domestic Relations
District Courtroom prior to the opening of court.
b. Prisoners remanded into custody directly from the court
will be removed to the holding cells area as soon as
possible. Jail deputies will transport the prisoner to the jail
as soon as possible.

D. Special Operating Plan


1. Operation Command
a. Primary authority and responsibility for security operations
for a high risk court proceeding is the Chief Deputy. He
will review and approve all operational plans during the
trial.
b. The Senior Court Bailiff is then designated as the court
room security supervisor.
2. Notification and Planning
Upon notification of an upcoming high risk trial, the Chief
Deputy will prepare and submit an operation security plan to the
Sheriff. This plan should address this Section and Section E,
following:
a. All available intelligence information concerning both the
defendant(s) and the nature of the charge(s) against him.
b. Criminal history: with particular attention to any previous
acts of violence, narcotics use, escapes and/or escape
attempts.
c. Physical description of defendant(s), including a recent
photograph.
d. Personal information of defendant, including home address,
names and addresses of family members and friends,
organizations to which the defendant belongs which may
pose a threat; names and addresses of defendant’s visitors
at the jail facility.
e. Law enforcement information – case/arrest reports.
f. Schedule of court appearances including arraignments and
preliminary hearings in the General District or Juvenile
Domestic Relations Court, including the courtrooms to be
used; motions, trial, sentencing dates and presiding judge in
the Circuit Court; Commonwealth’s Attorney assigned to
the case; and Defense Attorney(s) and expert witnesses, if
any.
g. Coordination with the presiding judge, Commonwealth’s
Attorney, and defense attorneys.
3. Determination of Security Needs
a. The security plan will address the number of deputies to be
assigned for direct prisoner security, the number of
deputies assigned as bailiff, transportation arrangements to
and from the courthouse, or other holding facility, type of
vehicle(s), number of vehicle(s), transporting personnel,
use of decoy vehicle, or need for other specialized
equipment or personnel.
b. Communications including frequencies, channels, and
radios issued to personnel.
c. Perimeter security of the courthouse, including but not
limited to securing all doors opening to the outside, rooftop
security.
d. Interior security including use of magnetometer use, roving
patrols.
e. Seating arrangements inside the courtroom (to be
coordinated with presiding judge and Commonwealth’s
Attorney), including seats for the media, victim(s) and
family, defendant’s family and friends, witnesses (use of
outside witness rooms preferred; separate seating for
prosecution witnesses and defense witnesses).
f. Personal protection needs for the presiding judge,
witnesses, attorneys, and jurors (sequestering determined
by presiding judge). This security may address the needs
of personal vehicular, and/or residential protection.
g. Building Search/Shakedown, including, if needed, a canine
assisted search.
h. Medial relations plan, including designating a medial
liaison, providing space or the medial, or other needs.
4. Staff Coordination – Prior to the opening of the trial, staff
briefings may be held. These briefing(s) will provide
information needed to conduct the trial as well as to discuss other
planning and strategy options. The result of this planning is a
contingency plan to address the potential events.
5. Incidents
a. If information is gathered, that suggests there is an
imminent threat to the trial, deputies will immediately
advise the judge. Action to recess, postpone, or move the
trial to another courtroom will be discussed and
determined.
b. In the event of an actual incident, deputies working in the
courtroom will immediately secure the prisoner, the judge
and court personnel, the jury, and advise the supervisor.
Back-up will be requested, and the contingency plan
implemented.
c. Threats of actual events will be documented.
6. Critique: Following the conclusion of the trial, the Chief Deputy
may critique the trial with staff focused on the notification,
planning, implementation and outcome of the activities related to
the trial.
7. Seizing Property: Property seized in the course of a high security
trial, particularly at the location of the magnetometer, will be
processed and turned over to the evidence officer.

E. Emergency Procedures (fire, bomb, escape, etc.)

MEDICAL EMERGENCIES
1. Medical Emergencies – General Public – If a medical emergency
arises involving a member of the general public or a courthouse
employee, the bailiff will begin emergency first aid as dictated
by the situation. The bailiff will contact, or have another person
contact the dispatcher to call for rescue.
2. Medical Emergencies Involving Prisoners – The bailiff should
ask that the rescue squad be contacted and will administer first ad
as needed until the rescue squad arrives. If a prisoner in a
courtroom exhibits signs that he may need emergency medical
care, the prisoner will be immediately removed from the
courtroom, and first aid begun in an adjacent secure area. The
rescue squad will be called. First aid will continue until the
rescue squad arrives.

FIRE AND FIRE ALARMS


1. Consideration During a Fire Alarm – Staff should be alert to the
possibility of an alarm being deliberately activated to divert
attention from other activities, for example assaults, escape
attempts, or attempts to disrupt judicial proceedings.
2. Fire Alarms – When a fire alarm is sounded, the courthouse will
be evacuated except for sworn personnel of the Sheriff’s Office
and persons remanded to the custody of the Sheriff. The bailiff
will:
a. Advise dispatch to notify the Covington Fire Department
and call other deputies to assist if necessary.
b. Notify the on scene supervisor of the location of the alarm
and any available information about the alarm and the
possibility of an actual fire.
c. Request that available Court Services personnel closest to
the alarm check the area of the alarm for a possible fire and
report to the on scene supervisor.

BOMB THREATS
1. Bomb Threats are handled according to G.O. 79 – Bomb Threats.

HOSTAGE/BARRICADE SITUATION IN THE COURTHOUSE


1. Hostage/Barricaded persons calls will be handled according to
G.O. # 78 Hostage

ESTABLISING A COMMAND POST: SCENE COMMAND


1. As soon as the situation allows, the commander on the scene will
establish a command post for the purpose of coordinating the
activities of all units involved. The command post should
include radio and telephone communications, floor plans, and
other items required by the situation.
2. The command post may ultimately be comprised of appropriate
Sheriff’s Office Command staff, and when necessary a member
of Covington Fire Department and other supervisory personnel
of the assisting agencies.
3. Overall command of the scene will rest with the ranking member
on the scene.
4. Upon arrival at the scene, the SWAT Team Commander will
report to the command post.
5. If the Sheriff, or his designee, determines that the situation merits
the use of the SWAT team, the scene command will be passed to
the commander of the SWAT Team. The scene command will
remain with the commander of the SWAT Team until the
incident is concluded. The commander of the SWAT Team will
keep the Sheriff, or his designee, briefed as appropriate.
COURTHOUSE EVACUATION PLAN
1. Evacuation of Judges – The bailiff will ensure that the judge has
left the courtroom safely. Judges will be evacuated from their
offices and escorted from the building. In General District Court
and JDR Court the judges will be escorted to the exit on the
basement floor exit into the alley.
2. Evacuation of Jurors – The bailiff assigned as the Jury
Coordinator will take the appropriate action to ensure the safe
egress of jurors while protecting the integrity of trial
proceedings.
a. All jurors will be directed from the courtroom following
evacuation of the judge.
b. The bailiff will remain with the jury during the evacuation,
and will escort the jurors to the courtyard.
c. The jurors will exit the building through the lobby doors of
the courthouse to the parking lot. Jurors will be instructed
by the jury coordinator to remain together and will advise
them that any discussions of the interrupted proceedings is
prohibited.
3. Evacuation of General Public/Courthouse Employees/Witnesses
– The general public, courthouse employees and witnesses will
exit the courtroom through the lobby doors. They will exit onto
Main Street, in front of the courthouse.
4. Evacuations of Prisoners – The following procedures will be
followed for evacuation of prisoners from the courthouse:
a. Prisoner Movements – If a fire alarm sounds during a court
proceeding where a prisoner is present, the transport deputy
will immediately remove the prisoner from the courtroom
and take the prisoner to the Alleghany Regional Jail. The
prisoner will be moved to the jail as soon as possible unless
the emergency precludes this movement.
b. Consideration During Prisoner Evacuation – Bailiffs will
ensure that courtrooms and judges’ chambers are clear and
secure prior to the transport of prisoners through these
areas. In cases of total building evacuation the first floor
should be evacuated first, with the remaining floors
evacuated in descending order. Through coordination via
the radio, (except in bomb threat situations) deputies should
attempt to provide security of stairwell landings to avoid an
attempt to prisoners to escape through stairwell doors.
Efforts should be made to keep juvenile, female and adult
inmates separate during the evacuation.

ESCAPE FROM CUSTODY


1. Escape or Attempted Escape – In the event of an escape, or a
suspected escape, the ranking member on the scene will
immediately assume the responsibilities for implementing the
procedures contained in this General Order.
2. Securing the Courthouse
a. If there is a reason to believe that an escape has occurred,
the ranking member on the scene will immediately secure
the courthouse, order external perimeter security, as
necessary, and request assistance from other divisions. A
determination will be made as quickly as possible
concerning:
i. The name and description of the escapee:
ii. Location of the escape
iii. The means of escape
iv. Accomplices, if any; and,
v. Hazards existing to staff (Bombs, weapons, etc.)
b. If the escape occurred from the courthouse, and if they identity
of the escapee(s) is not immediately known, all prisoners not
participating in court proceedings will be moved to the jail area
and a head count started. The judge of the Circuit Court will
be notified of the escape.
3. Search of the Courthouse – A systematic search will be
conducted of the courthouse. Sheriff or designee will designate
deputies to begin searching the courthouse. As floors of the
courthouse are searched, the areas will be secured by the best
means possible. Deputies participating in the interior search will
be armed.
4. Identification of the Escapee(s) – When the identity of the
escapee(s) has been determined, corrections will provide
information to the scene commander including, but not limited to
a photograph, physical description, address, visitor information,
criminal history information, family information, past employers,
etc. A copy of the photograph along with a physical will
immediately be furnished to communications and to any deputy
assigned to search for the escapee(s). A teletype of a confirmed
escape and descriptive information will be transmitted by the
Dispatcher.
5. Notification – The Alleghany County Sheriff’s Office Dispatch
Center will be immediately notified by the scene commander.
Notification to the news media, community groups, if necessary,
or other groups will be handled by the Sheriff, or his designee. If
the prisoner is not apprehended within 12 hours, the
Commonwealth’s Attorney, the Virginia Department of
Corrections, if the escapee is a state prisoner, the court of
jurisdiction, and the escapee(s) attorney will be notified.
6. Mobilization of Sheriff’s Office Members – If an escape has
been effected the Sheriff or his designee will make the
determination to call back members of the Sheriff’s Office to
work. Notification to members to report to work or notification
that members will be held over will be made as quickly as
possible.
7. Point of Escape – The point of escape shall be secured and the
scene preserved for the collection of evidence.
8. Securing a Warrant – As soon as possible after a determination
has been made that there has been an escape from custody and
the individual(s) has been identified, the scene commander will
secure a warrant for escape. The existence of the warrant should
be entered into VCIN/NCIC. The original of the warrant should
be filed with the Dispatch office and a copy placed in the
inmate’s file, in records.
9. Post Incident Notification – When the escapee is captured, law
enforcement agencies assisting with the search will be promptly
notified of the capture by the Sheriff, or his designee. The news
media will be notified by the Sheriff, or designee.

POWER FAILURES
1. Power Failures During Court Proceedings - Courts proceedings
in progress or about to begin when power failure occurs will
continue or start at the discretion of the presiding judge. Any
important security concerns should be brought to the attention of
a Sheriff’s Office supervisor or the presiding judge.

F. This policy is distributed to all members.

G. Courtroom Security is the responsibility of every deputy present.

H. Courtroom Searches
1. Each deputy Sheriff assigned as a bailiff conduct a complete
search of the courtroom to which he is assigned, at a minimum:
a. Prior to the morning session;
b. After each recess, including the lunch recess; and
c. At the end of the day.
2. After completion of the search, the courtroom should remain
either securely locked, or kept under direct surveillance by the
bailiff or other sworn other personnel.
3. Courtroom searches will be thorough and systematic. Particular
attention should be given to the judge’s bench, prisoner holding
area, defense setting, jury box, gallery, witness rooms, hallways,
prisoner corridors and jury deliberation rooms.
4. If contraband of any kind is found, it should be seized, unless it
is a suspected explosive device. If one item of contraband is
found, the search should never terminate until a complete search
of a courtroom has been completed. All seized contraband will
be stored as evidence, and upon disposition turned over to the
Evidence Custodian for destruction.
5. Prisoner holding areas will be included in courtroom searches.

I. Prisoner Holding Areas

1. All personnel involved in the use of prisoner holding cells shall


receive training in the operation of a lockup. This includes all
personnel assigned to court security duties.
2. Records concerning holding cell detainees shall be maintained by
the Jail Administrator and the Chief Deputy.
a. Juvenile records shall be maintained separately from adult
records.
b. Records will only be disclosed in accordance with
established department procedure for the disclosure of
records.
3. Keys and keypad devices
a. Keys to the holding cells are maintained by the court
security deputies on duty. All keys will be accounted for
daily.
b. Locks and mechanical devices in the holding facilities will
be checked daily to determine they are in proper working
order.
c. A search of the holding area in the Courthouse will be
made daily for contraband.
d. When prisoners are present in the holding cells, court
security personnel will check them at least once every 30
minutes.
e. All prisoners shall be searched prior to being placed in the
holding cells.
i. Strip searches shall not be conducted at the court
holding facility unless there is reasonable cause to
believe that the individual to be search is concealing
a weapon.
ii. If a strip search is necessary it will conducted in
accordance with procedures established in the
Alleghany County Jail Standard Operating
Procedure Manual, and the Code of Virginia.
f. Escape of Prisoners
i. Anyone who discovers an escape shall notify court
security deputies, and any other law enforcement
personnel available immediately.
ii. Dispatch shall be notified and additional units
dispatches.
iii. Court should be suspended at least until it is
determined that the escapee is no longer in the
building.
iv. Subsequent searches for escapees shall be
conducted in accordance with established
department procedures.

J. Courtroom Security Equipment


1. Metal Detectors
a. Metal detection scanners are maintained at the entrance to
the courtrooms. A walk through scanner is manned during
operating at the locations.
b. A hand held scanner is also maintained in this area for
closer inspection when needed.
2. Handcuffs, Leg Shackles and Belt Restraints
a. Handcuffs, restraint belts, and leg shackles and maintained
in the jail, and the Court Clerks Offices for use to restrain
prisoners reprimanded directly from court or emergency
restraint required situations which may develop in the
courthouse.
b. The Chief Deputy will ensure that each deputy assigned to
courthouse/courtroom security knows the location of all
security equipment.
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 122 EFFECTIVE DATE: 07/01/2006

MOBILE VIDEO/AUDIO RECORDING EQUIPMENT

I. POLICY
Mobile video/audio recording (MVR) equipment has been demonstrated to be
of value in the prosecution of traffic violations and related offenses, in
evaluation of officer performance as well as in training. In order to maximize
the utility of this equipment in these and related areas, officers shall follow the
procedures for MVR equipment use as set forth in this policy.

II. PROCEDURES
A. Program Objectives – This agency has adopted the use of in-car
video/audio recording systems in order to accomplish several objectives,
including:
1. Accurate documentation of events, actions, conditions, and
statements made during arrests and critical incidents, so as to
enhance officer reports, collection of evidence and testimony in
court; and
2. The enhancement of this agency’s ability to review probable
cause for arrest, arrest procedures, officer and suspect
interaction, and evidence for investigative purposes, as well as
for officer evaluation and training.
B. Operating Procedures – Officers shall adhere to the following procedures
when utilizing MVR equipment.
1. MVR equipment installed in vehicles is the responsibility of the
officer assigned to that vehicle and will be maintained according
to manufacturer’s recommendations.
2. Prior to each shift, officers shall determine whether their MVR
equipment is working satisfactorily and shall bring any problems
at this or other times to the attention of their immediate
supervisor as soon as possible.
3. MVR equipment will automatically activate when the vehicle’s
emergency warning devices are in operation. The equipment
may be manually deactivated during non-enforcement activities
such as when protecting accident scenes from other vehicular
traffic.
4. Whenever possible, officers shall ensure that MVR equipment is
operating in order to record traffic stops or other enforcement
actions. In so doing, they shall ensure that:
a. The video recorder is positioned and adjusted to record
events;
b. The MVR is not deactivated until the enforcement action is
completed; and
c. Their wireless microphone is activated in order to provide
narration with the video recording to explain the reason for
their current or planned enforcement action.
5. Officers shall not erase, reuse, or in any manner alter DVD’s.
6. Officers shall ensure that they are equipped with an adequate
supply of DVD’s to complete their tour of duty.
7. All completed DVD’s shall be properly labeled and identified
prior to being submitted with related documentation at the end of
the officers’ tour of duty or when the DVD is full.
8. Officers are encouraged to inform their supervisors of any
recorded sequences that may be of value for training purposes.
9. Officers will note on incident, arrest and related reports when
video/audio recordings were made during the incident in
question.
10. Officers will use DVD’s as issued and approved by this agency.
C. DVD Control and Management
1. MVR DVD’s containing information that may be of value for
case prosecution or in any criminal or civil adversarial
proceedings shall be safeguarded as other forms of evidence. As
such, these DVD’s will:
a. Be subject to the same security restrictions and chain of
evidence safeguards as any other evidence;
b. Not to be released to another criminal justice agency for
trial or other reasons without having a duplicate copy made
and returned to safe storage; and
c. Will not be released to other than bona fide criminal justice
agencies without prior approval of the Sheriff.
2. DVD’s not scheduled for court proceedings or other adversarial
or department uses shall be maintained for a minimum period
authorized by law. All recordings shall be maintained in a
manner that allows efficient identification and retrieval.
3. No DVD’s shall be reissued for operational use unless
completely erased by designated personnel of this agency.
D. Guidelines for Recording
1. Once the recording of an incident has begun, the recording of
both audio and video/DVD should be continued until its
completion. If for any reason the recording is discontinued, the
reason should be properly documented.
2. Officers will inform any person who asks if the MVP equipment
is in use. Officers may volunteer, without being asked, such
information, if they fell it will be beneficial to do so.
3. Officers are not required to discontinue recording at the request
of anyone other than a superior officer.
4. Officers will indicate in their arrest and related reports when
MVR equipment was utilized.
5. The Commonwealth Attorney/prosecutor will be advised of
recorded evidence by the officer investigating the case in
question.
6. Anytime the recorder is on while outside the Patrol Vehicle, the
microphone/transmitter shall be on. The officer should be sure to
narrate those things that are detected that the camera may not be
able to record (sights, smells, probable cause, etc.).
7. The officer may also use the recorder for note taking by
recording thoughts and observations.
8. The microphones/transmitters may be turned off while the officer
is speaking with another officer outside the presence of the
citizen.
9. If an event should be recorded, and more than one vehicle
equipped with an MVR is present, each officer should record.
10. MVR equipment should not be used for non-official business.
11. Events that will be recorded include:
a. Emergency Responses.
b. Traffic stops, beginning to end.
c. Pursuits.
d. Observation of DUI suspect prior to stop, during
performance of field sobriety tests, and during transport, if
arrested.
e. Transporting prisoners (rotate camera to the rear if
feasible).
f. Vehicle searches and/or inventories.
g. Acts of hostility or physical violence, when possible.
h. Any confrontational contact with a citizen/violator; and
i. Any other incident which the member feels may become an
issue of some importance at a later date.
j. Circumstances at crime and accident scenes or
documentation of evidence and contraband at scenes when
possible.

“IF IN DOUBT, RECORD IT!”


ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 123 EFFECTIVE DATE: 11/05/09

RIDE-ALONGS

I. POLICY
The request for Ride-Alongs allows citizens to voluntarily accompany officers
and to observe law enforcement activities to better understand the problems of
policing. The observer may request to ride in any area at any time or with a
particular officer. If convenient to the department and conditions permit,
permission may be granted. The department’s community-oriented policing
goals include a commitment to work with the community to solve
neighborhood problems and to operate an open, accessible, accountable
agency. The Ride-Along program is consistent with these goals. Safety of
law enforcement personnel shall be the primary concern.

II. PURPOSE
The purpose of this general order is to establish procedures for a ride-along.

III. PROCEDURES
A. Ride-Along Request
1. Persons wishing to ride with an officer shall pick up Ride-Along
forms at the Sheriff’s Office during business hours. Completed
request forms and liability waivers must be returned at least five
working days before the desired Ride-Along date. The forms
referred to herein are found at the end of this order.
2. The Sheriff may grant permissions for citizens to ride with
officers at his discretion. A records check may be performed on
any applicant for Ride-Along.
B. Limitations
1. A person shall not ride unless approval has been granted and the
Sheriff has the properly completed waiver. Approval will be for
one specific time period unless special limitations or extensions
are granted by the Sheriff.
2. If the Sheriff approves, the spouse may accompany husband/wife
for a limited period of time. Unmarried couples will not be
allowed.
3. Normally, no more than one observer shall accompany an officer
at a time.
4. Observers must be 21 years of age or older to ride and must have
request and waiver forms signed.
5. Students under the age of 21 may be allowed to ride along in
conjunction with career day, job shadow, or criminal justice
educational program. Anyone under age 18 must have written
permission from their parents or guardians. No one under 16 is
allowed to ride along.
6. No one shall be allowed to observed law-enforcement activities
relating to raids or ride with plain clothes units without specific,
advance coordination and approval of the Sheriff.
C. Beginning Tour
1. If not specific officer is requested by name by the observer, the
on-duty supervisor shall appoint the host officer.
2. Before the ride, the on-duty supervisor shall provide an
observer’s comment form to the observer and ask that the form
be completed and turned in at the end of the ride. The host
officer will be provided a Ride-Along report and shall complete
and turn in the form at the end of the ride.
3. The observer should be appropriately dressed in either business
attire or casual wear in good taste; if not, Ride-Along approval
may be cancelled by the on-duty supervisor.
4. The host officer shall instruct the observer on the following
procedures:
a. Follow the officer’s directions.
b. Appearance in court as a witness may be necessary.
c. The observer may end the ride whenever he or she wishes.
d. The officer may end the ride whenever he or she wishes.
e. The observer must wear a seat belt and shoulder strap when
riding in the vehicle.
f. Observers shall identify themselves, if asked, as an
authorized citizen observer or Ride-Along.
g. Observers shall not be permitted to carry any flashlight,
camera, radio of any type, tape recorder or player, and/or
binoculars unless authorized by the Sheriff. Observer shall
not carry weapons or restraining devices of any king.
Exceptions may be granted to law enforcement personnel.
h. Observers shall not smoke during the ride-along.
D. Observer Conduct
1. Observers shall at all at all times remain under the complete
control of the assigned officer and shall comply with all
directions and requests.
2. Observers shall not interfere with investigations in any way be
conversing with victims, suspects, or witnesses, handling
evidence on equipment, or participating in any enforcement
activity unless directed to do so by the host officer per Virginia
Code Section 18.2-463 (refusal to aid an officer in the execution
of his officer).
E. Arrests, Transporting, Booking
1. If the host officer feels that there are no hazards involved, the
observer may accompany the officer while transporting or
booking prisoners. If the officer believes a problem may arise,
the observer should be temporarily transferred to another officer
or returned to the point of origin.
2. Observers shall not be permitted to remain with prisoners in the
absence of officers.
F. Ending Tour
1. Upon completing of the ride, the officer will return the observer
to the department and thank him or her for his or her interest.
The officer will ask the observer to complete the observer’s
comment form. Completed observer forms shall be forwarded to
the Sheriff for review, then filed.
G. Prohibited Activities
1. At no time shall an officer, while accompanied by an observer,
engage in emergency or pursuit driving, respond to a crime-in-
progress reportedly involving violence, or perform a felony
vehicle stop. If officers must perform these activities, then they
must deposit observers in a safe location.
RIDE-ALONG REQUEST

Dear Sir:

I would like to ride along on______________________________, accompanying


(date)
Deputy_________________________________ for the following reason:____________

_______________________________________________________________________

_______________________________________________________________________.

I have read and signed the release form and I understand the provisions.

NAME____________________________________ DATE OF BIRTH______________

ADDRESS:______________________________________________________________

TELEPHONE #:___________________ BEST TIME/DAY TO CONTACT:__________

____________________________ ___________________________________________
DATE SIGNED

____________________________________________________
PARENT/GUARDIAN SIGNATURE

____________________________________________________
PARENT/GUARDIAN SIGNATURE

FROM: Sheriff Hall

TO: Deputy ________________________

SUBJECT: Authorization

REQUEST IS APPROVED:_______________ DISAPPROVED:_______________

OBSERVER AUTHORIZED TO RIDE___________ ON __________________ IN


(hours) (date)
_____________________ WITH DEPUTY_____________________________.

SIGNED:_______________________________________
RELEASE AND WAIVER

KNOW BY ALL THESE PRESENT, that I __________________________, on my own


behalf and on behalf of my heirs, next of kin, executors, administrators, estate, agents and
assigns, and representatives of any nature whatsoever, for and in consideration of the
authorization and permission to accompany officers and any officer of the department
during the course of their of his duties, which has been granted to me at my voluntary
request, after having been fully advised of the potential hazards of such activity or
activities, do hereby WAIVE AND RELEASE all demands, damages, actions, causes of
action, suits and claims of any nature whatsoever, whether in law or in equity, that I or
my heirs, next of kin, executors, administrators, estate agents and assigns, and
representatives of any nature whatsoever might otherwise have against the town/county,
the department and each and every officer, official, member, employee, agent and
attorney thereof and therefore, and his or her heirs, next of kin, executors, administrators,
and estate, on account of my death or injuries, both to person and to property, whether
foreseeable or not, which may occur, directly or indirectly, or develop at anytime in the
future as a result of my activities or association with the department, whether in a vehicle,
in the station, or otherwise in association with the department and officers and officials
thereof in any manner whatsoever.

It is expressly agreed and understood that this RELEASE AND WAIVER shall apply for
the express purpose of precluding forever all claims, suits, demands, damages, and causes
of action that I or my heirs, next of kin, executors, administrators, estate, agents and
assigns and representatives of any nature whatsoever might otherwise assert against any
of the aforesaid parties as a result of my association and activities with the department
during:______________________________________________.

I hereby declare that the terms of this RELEASE AND WAIVER have been fully read
and understood by me, and freely and voluntarily entered into and accepted by me, and I
hereby acknowledge receipt of a copy of this agreement. I have read the departmental
policy regarding ride-alongs and I understand the policy and will abide by the procedures.

In further consideration of the aforesaid authorization and permission granted to me to


accompany an officer or officers of the department at my own request, I hereby promise
and agree to fully comply with all instructions give to me for the purpose of protecting
my personal safety and that of my property.

This waiver must be approved by the Sheriff:

______________________________________________(SHERIFF

______________________________________________(APPLICANT)

______________________________________________(WITNESS)
ALLEGHANY COUNTY SHERIFF”S OFFICE
268 West Main Street
Covington, VA 24426

OBSERVER’S RIDE-ALONG COMMENTS

Name (print):______________________________________________ Age:_______

Address:___________________________________________ Phone:_______________

1. What impressed you the most?____________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

2. In what way did this experience affect your attitudes?__________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

3. Relate any suggestions for, or criticisms of, the program.________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

General Comments:_______________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

__________________________________________ __________________
Observer’s Signature Date
ALLEGHANY COUNTY SHERIFF’S OFFICE
268 West Main Street
Covington, VA 24426

OFFICER’S RIDE-ALONG REPORT

Name of Rider:______________________________ Date/Time of Ride:_____________

Officer’s Name:_______________________________________

Note any unusual comments or activities which might be of later significance, or other
problems you felt were significant.____________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

If this person request Ride-Along permission again, should it be granted? ___Yes ___ No

If no, please explain:_______________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

______________________________________ _____________________
Officer’s Signature Date
This form should be completed and returned to the Sheriff upon completion of the Ride-Along
ALLEGHANY COUNTY SHERIFF’S OFFICE

GENERAL ORDER # 124 EFFECTIVE DATE: 06/01/2017

BODY WORN CAMERA

I. Policy
Deputies shall activate the body worn cameras (BWCs) when such use is appropriate to the
proper performance of his or her official duties and where the recordings are consistent
with this policy and the law. The use of BWCs is intended to enhance transparency and
accountability. This policy does not govern the use of covert recording devices used in
undercover operations.

II. Purpose
This policy is intended to provide law enforcement officers with instructions on when and
how to use BWCs, to accurately record law enforcement actions and to capture evidence
for investigations and court proceedings. Additionally, the use of BWCs may result in
reducing the number of complaints against officers and frivolous lawsuits against the
Sheriff’s office. This procedure also sets forth guidelines for the management, storage,
release, and retrieval of audio–visual media recorded by BWCs

III. Procedures
A. Use of BWCs generally:
1. BWCs may be used to achieve the following:
(a) Documentation of law enforcement-public contacts, arrests, and critical incidents
(b) Enhancement of law enforcement reports and courtroom testimony
(c) Documentation of crime and accident scenes or other events that include
confiscation and documentation of evidence and contraband
(d) Supervisor review and evaluation of reasonable suspicion, probable cause for
arrest, officer and suspect interaction, and evidence for investigative and
prosecutorial purposes
(e) Identifying and correcting internal agency issues (i.e. tactics, communication,
policy compliance, customer service, officer safety, etc.)
(f) Enhance law enforcement training
2. Deputies who are assigned BWC’s shall complete a department approved training
program to ensure proper use and operation. Additional training may be required at
periodic intervals to ensure the continued effective use and operation of equipment,
proper calibration and performance, and to incorporate changes, updates, or other
revisions in Department policy and equipment
3. Procedures or equipment shall be put in place to ensure officers do not edit, alter, or
erase video/audio recorded by BWC’s
IV. Equipment
A. Department issued BWCs shall be for official Departmental use only and shall not be
used for non-work related or personal activities
B. Law enforcement shall use only those BWCs issued by the Department. The wearing of
personally owned BWC equipment or audio/video recording equipment shall not be
permitted
C. BWCs shall be issued and assigned to specific law enforcement personnel
D. Law enforcement personnel shall not use BWC equipment assigned to other officers
E. Intentional misuse or abuse of BWC equipment may result in disciplinary action

V. Deputies Responsibility
A. Deputies shall conduct an operational inspection and have the BWC on their person when
marking on duty
B. Any BWC equipment malfunction shall be immediately documented and a supervisor
will be notified of the malfunction as soon as practical
C. Deputies shall activate the BWC during each law enforcement-public encounter related to
a call for service, law enforcement action, subject stop, traffic stop, and/or police services
provided that such activation does not interfere with officer safety or the safety of others.
Additionally, the BWC shall be activated for tactical activities such as, searches of
buildings and vehicles, searches for suspects and missing persons, seizing and processing
evidence, and building checks when security alarms are triggered
D. Where practical Deputies shall monitor the position of the BWC to ensure the BWC is
capturing evidentiary versus non-evidentiary (e.g. ground, sky, officer's/deputy's arm)
footage
E. Every Deputy on a scene shall activate their BWC
F. Deputies shall note in incident, arrest, and related reports when video recordings were
made. However, BWC recordings shall not be a replacement for written reports
G. If an officer fails to activate the BWC, fails to record the entire contact, or
interrupts/mutes the recording the officer shall document the reason
H. Deputy’s shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any
manner BWC recordings without the prior written authorization and approval of the
Sheriff or his designee
I. Deputy’s shall not permit civilians to review recordings without authorization of the
Sheriff or his designee
J. Deputy’s shall download video files weekly and shall mark files as evidentiary, non-
evidentiary, or training demo. Additionally, each file shall contain the date, BWC
identifier (i.e. the series of numbers and/or letters assigned to each BWC to distinguish
one piece of BWC equipment from another), and the name of the assigned officer
K. BWC’s will be charged daily

VI. Supervisor Responsibility


A. Supervisors shall:
1. Ensure officers use BWCs in accordance with Department policy and procedure
2. Review evidentiary video and re-categorize for indefinite retention if a complaint is
associated with a recorded event or the officer has reason to believe an incident may
generate a complaint
3. Conduct random weekly reviews of selected recordings in order to assess officer
performance as well as identify videos that may be appropriate for training
B. Deputies may be limited or restricted from viewing the video file, if an officer is
suspected of wrongdoing or involved in an officer-involved shooting or other serious use
of force

VII. Privacy and Restricted Use


A. Whenever practical officers shall inform individuals that they are being recorded
B. In locations where individuals have a reasonable expectation of privacy, such as a
residence, individuals may decline to be recorded unless the recording is being made
pursuant to an investigation, arrest, or search of the residence or individuals within the
residence
C. In general BWCs are not to be used in the following circumstances:
1. Communications with other law enforcement personnel without the permission of the
office of the Sheriff or his designee
2. Communications involving law enforcement tactical and strategic policy, procedures,
or plans
3. Encounters with undercover officers and confidential informants
4. When community members are reporting crime
5. Appearing before a magistrate
6. When officers are on break or otherwise engaged in personal activities
7. Deputy’s shall comply with individual federal, state, and local courthouse policies
regarding the wearing of BWCs within respective courthouses
8. Law enforcement officers shall comply with medical facility policies pertaining to
video and audio recordings

VIII. Access
A. The BWC equipment and all data, images, sounds, video, and metadata captured,
recorded, or otherwise produced by the equipment shall be the exclusive property of the
issuing Department
B. All access to BWC data must be specifically authorized by the Sheriff or his designee
C. Deputy’s may be permitted to review video footage of an incident in which they were
involved, prior to preparing a report or making a statement about the incident
D. All access is to be audited to ensure that only authorized users are accessing the data for
legitimate and authorized purposes
E. Deputies requesting video for trials must make such requests through the Supervisor in
charge of the BWCs
F. Court personnel (e.g. representatives from the Office of the Commonwealth’s Attorney,
Virginia Indigent Defense Commission, and the private defense bar) may request videos
for trial through the Sheriff or his designee
G. Freedom of Information Act (FOIA) and media requests of video shall be submitted to
the Sheriff or his designee and shall comply with requirements of Title 2.2 of the Code of
Virginia
1. Video capturing criminal incident information pertaining to an ongoing law
enforcement investigation or prosecution shall not be released if the release of the
video is likely to jeopardize the investigation, prosecution, or safety of an individual;
or likely to cause a suspect to flee or evade detection, or result in the destruction of
evidence
2. Criminal investigative files are excluded from FOIA requirements but may be
disclosed by the Sheriff or designee in his discretion, except where disclosure is
prohibited by law
3. Provisions will be made for blurring the image of individuals or the personal
identifying information (e.g. license plates, addresses etc.) of those not involved in
the law enforcement act at question or an act described in section (C)(3) of this policy
prior to releasing the video to the media or the individual making the FOIA request

IX. Video Retention


A. Deputies shall make requests for the deletion of portions of the recording (e.g. in the
event of a personal recording, conversations with confidential informants etc.) in writing.
The Sheriff or his designee shall approve or deny requests in accordance with records and
retention schedules issued by the Library of Virginia. All requests for deletions and the
final decision shall be kept on file
B. All video files shall be securely stored in accordance with the records and retention
schedules issued by the Library of Virginia. If a video is re-classified to a different
category (e.g. non-evidentiary to evidentiary) the video will be subject to deletion based
on the new category and the original date of the recording
C. Back-up storage for video files shall be provided
ALLEGHANY COUNTY SHERIFF”S OFFICE

GENERAL ORDER # 125 EFFECTIVE DATE: 01/01/2013

MOBILE DATA TERMINALS

I. POLICY
It shall be the policy of the Alleghany County Sheriff’s Office to implement
and utilize a Mobile Data Terminal (MDT) system to enhance the deputy’s
efficiency, effectiveness, and safety while performing their duties as
prescribed.

II. PURPOSE
The purpose of the Mobile Data Terminal (MDT) interface will be to gain
access to Local, State, and Federal databases. The Mobile Data Terminal
program is designed to enhance the Deputies ability to complete reports in the
field as well as make Department of Motor Vehicle inquiries without the
assistance of the agencies Dispatch Center.

III. PROCEDURES

A. Resources permitting, the Mobile Data Terminal (MDT) should


be utilized as the primary means of DMV inquiries. When
possible, radio voice traffic should be kept to a minimum.

B. Routine administrative communications between field units should


be conducted via the Mobile Data Terminal (MDT) messaging system
whenever possible.

C. While the patrol vehicle is in motion, the driver will not attempt any
transactions on the Mobile Data Terminal (MDT), nor attempt to read
any information on the screen. Traditional voice dispatch will be
requested at this time if it is impractical to stop the vehicle.

D. Deputies are responsible for the Mobile Data Terminal (MDT) assigned
to them.

E. The Mobile Data Terminal (MDT) will remain secured and locked in
the vehicles docking station while in use. Deputies will take reasonable
safety precautions to enhance the security of the data terminal at all
times. In the event of an accident or other situations that may arise in
which the MDT must be removed from the patrol vehicle, the on duty
supervisor will remove the Mobile Data Terminal and secure it properly.
F. A Mobile Data Terminal (MDT) may not be used to access
NCIC/VCIN/DMV information when it is not docked securely in the
patrol vehicle or operated in the Alleghany County Sheriff’s Office, per
State Police guidelines.

G. The Mobile Data Terminal (MDT) and the docking station will not be
utilized for any other purpose than which they were designed for.

H. Queries, initiated by the deputies from the Mobile Data Terminal


(MDT), made to and the information received from electronic
databases is recorded and subject to audit and VCIN regulations.

I. The Mobile Data Terminal (MDT) messaging system will be utilized


for work related transmissions only. The transmission of personal
remarks, improper language, and or other unprofessional behavior is
expressly prohibited. There is no expectation of privacy for message
transmissions made through this system. All transmissions are
recorded and subject to audit.

J. The Mobile Data Terminal (MDT) software for dispatching, records


checks, and field reporting will be utilized in accordance with specific
office procedures and training relevant to the software usage.

K. No deputy will use or attempt to use a Mobile Data Terminal (MDT)


until they have received proper departmental training and the
appropriate VCIN certification as regulated by the Virginia State
Police.

L. Initial training and periodic in-service training on Mobile Data


Terminal (MDT) hardware and software will be provided as needed.

M. Deputies will make all computerized information system queries


through the Mobile Data Terminal (MDT) unless officer safety or
exigent circumstances prohibit its use. If a deputy receives a positive
“hit” for a wanted person the deputy will notify the Dispatch Center
via radio transmission.

N. Criminal History information shall not be transmitted to a Mobile Data


Terminal. Do not attempt to access criminal history files from the
Mobile Data Terminal (MDT) . . . the entire circuit controlling the
Mobile Data Terminal (MDT) access for the agency will be shut down
for security violation. Criminal History information may only be
accessed by approved Criminal History terminals.

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