Ncpd procedures
問題一覧
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death and physical injury notifications
ops1122
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aided cases
ops1110
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person is capable of making decisions, no alcohol, drugs, mental impairment
mentally competent
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automated external defibrillator AED
ops1119
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intoxicated persons
ops1150
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mental aided persons
ops1155
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implied pronouncement of death
ops1121
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fatal aided investigation
ops8201
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case reports
ops8110
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exposure to blood or potential infectious materials
ops7120
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more 250lbs, altered mental status, refuses, heart issue, head need to be elevated
no helicopter
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Burn victim, prisoner, mentally disabled person
numc
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physician at scene, assume care, goes in ambulance, communicates with med control
other than nearest hospital
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low priority, less than 10 minutes more time, specialty care
other than nearest hospital
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1. Receives a request for preparation of an auto accident report after the involved parties have left the scene.
2. Determines if MV-104A is required.
Note:
Note:
MV-104A is required for past occurrence auto accidents, if the auto accident involves an injury or meets the standards for preparation of MV-104S [See Definition], and
1. the accident occurred within the past 5 days, or
2. both of the following conditions are met:
a. the involved party has a valid reason for not reporting the auto accident sooner, and
b. a police investigation is needed in connection with the auto accident.
VTL §603 requires a Police Officer to investigate and report to the Commissioner of Motor Vehicles any auto accident reported to the police within 5 days that results in an injury or meets the standards for preparation of MV- 104S.
3. If MV-104A is required, conducts an auto accident investigation, and
a. contacts the following:
(1) any other drivers involved in the auto accident, (2) any witnesses to the auto accident,
b. visits the auto accident scene, if necessary,
c. notes the following in the Accident Description/Officer’s
Notes section of the auto accident report:
(1) the investigation was conducted and the report taken
after the involved parties had left the scene,
(2) when unable to contact the other drivers involved in
the auto accident.
4. If MV-104A is not required, gives the involved parties an MV- 104, New York State Report of Motor Vehicle Accident, if available, and advises them of the following:
a. MV-104 can be obtained from one of the following: (1) DMV, including the web site,
(2) insurance agent or company,
(3) police stationhouse,
b. follow the instructions on the rear of the form,
c. notify any other motorist involved in the auto accident that
they are filing an auto accident report.
Past Occurrence Auto Accident
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will be prepared for auto accidents that involve: 1. one of the following motor vehicles:
a. truck, tractor, truck-trailer, or tractor-trailer having at least 6 tires in contact with the road surface,
b. bus that seats 16 or more persons, including the driver,
c. any motor vehicle displaying a hazardous material placard,
and
2. one of the following results: a. a fatality,
b. an injury requiring transportation from the scene of the accident for immediate medical attention, not necessarily by the Emergency Medical Service,
c. a vehicle will be towed from the scene due to accident damage other than a flat tire,
d. a vehicle requiring intervening assistance by emergency equipment, other than changing a flat tire, before proceeding under its own power.
Note: This does not apply to a passenger vehicle pulling a trailer.
VTL §603. (Auto accidents the police are required to report)
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Police Accident Report, will be prepared for the intentional use of a motor vehicle to cause property damage, injury, or death. An intentional event will be explained in the Accident Description/Officer’s Notes section of MV-104A.
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(1) extrications,
(2) light truck,
(3) HAZMAT, [See OPS 12113]
(a) for an auto accident involving a Hazardous material incident,
(b) for an alternative-fueled vehicle that is leaking fuel or is on fire.
Note:
Note:
These situations pose a health hazard and should only be approached with protective gear.
Methanol and ethanol may burn bright blue and the flames may be almost invisible on a clear day.
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response is needed in the following situations:
1. any aided person has died or is likely to die as a result of the auto accident, or
2. the auto accident involves a serious physical injury
[See Glossary] and one of the following: a. alcohol involvement,
b. drug involvement,
c. criminal charges.
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Requests———- Safety Unit for
auto accidents involving the following:
a. school buses,
b. trucks over 10,000 pounds involving either,
(1) a serious physical injury or death, or
(2) the auto accident is attributable to the condition of the
truck or the driver.
Highway Patrol Bureau Motor Carrier
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is required for past occurrence auto accidents, if the auto accident involves an injury or meets the standards for preparation of MV-104S [See Definition], and
1. the accident occurred within the past 5 days, or
2. both of the following conditions are met:
a. the involved party has a valid reason for not reporting the auto accident sooner, and
b. a police investigation is needed in connection with the auto accident.
VTL §603 requires a Police Officer to investigate and report to the Commissioner of Motor Vehicles any auto accident reported to the police within 5 days that results in an injury or meets the standards for preparation of MV- 104S.
mv104a
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If ————-, gives the involved parties an MV- 104, New York State Report of Motor Vehicle Accident, if available, and advises them of the following:
a. MV-104 can be obtained from one of the following: (1) DMV, including the web site,
(2) insurance agent or company,
(3) police stationhouse,
b. follow the instructions on the rear of the form,
c. notify any other motorist involved in the auto accident that
they are filing an auto accident report.
MV-104A is not required
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Prepares NYS ——, Police Agency Request For Driver Review, if any driver appears to have a physical or mental impairment which prevents the motorist from exercising reasonable and ordinary care in the safe operation of a motor vehicle. [See OPS 13031]
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Prepares a ————-[See OPS 8110] and enters the case report number on MV-104A if the auto accident involves one of the following situations:
a. an arrest is made, or
b. a follow-up investigation is necessary.
case report
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Prepares and forwards PDCN Form ——, Report of Roadway Hazard to the Precinct Clerk for a damaged sign or any other roadway hazard that is not immediately repaired at scene.
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Prepares an ——— Report for MV-104A [Refer to DMV Police Accident Report Manual] in the following situations if the original report has been reviewed by the Desk Officer:
a. a person injured in the auto accident dies,
b. the driver of a vehicle that left the scene of an auto
accident is identified,
c. when errors relating to the facts of the auto accident are
discovered.
Note: If the auto accident has been assigned to the Detective Division because of an arrest or for a follow-up investigation the Amended Report will be prepared by the investigating detective.
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18. Reviews MV-104A or MV-104A Amended Report, and
a. returns the report to the reporting officer for corrections, or
b. initials and forwards the report to the Accident Clerk.
Note: Initialed cross-outs are permitted on an MV-104A as long as the report is legible and clear. [See ART 11, Rule 1, sub2]
19. Directs the Accident Clerk to notify the people involved in an auto accident when an Amended Report is prepared concerning the circumstances of the auto accident or the people involved.
Note: The notification is not necessary for minor corrections that do not affect the circumstances of the auto accident.
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1. Determines if an ————— can be issued in lieu of arrest.
2. Performs computer checks on the subject and any vehicle or property involved as necessary.
3. Determines if the subject meets the following criteria:
a. is properly identified,
b. is a Nassau County resident,
c. has no active warrants of arrest for a misdemeanor or
felony,
d. does not appear to be under the influence of alcohol,
narcotics, or other drugs to the degree that he may
endanger himself or other persons,
e. will not pose a danger to himself or others if released,
f. has not violated the terms of an order of protection,
g. the only penal law offense he is being charged with is one
of the following:
(1) §270.00 sub 2(b)(i), Unlawfully dealing with
fireworks,
(2) §240.20,Disorderlyconduct,(NONDOMESTIC)
(3) §260.21 sub 3, Unlawfully dealing with a child 2nd
degree,
Note: Appearance tickets will not be issued for Family Court offenses.
(1) resultsfromcomputerchecks,
(2) indicationsfromthesubject.
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4. Determines if he will authorize release on an appearance ticket.
If release is not authorized, directs the police officer to arrest the subject [See OPS 2115].
If release is authorized, directs the police officer to prepare an appearance ticket.
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Ensures computer checks have been performed on the arrestee.
2. Reviews the results of the computer checks to determine if the
subject is likely to appear in court.
3. Reviews the offense.
4. Ensures fingerprints are taken when appropriate. [See OPS 2220]
5. If the offense is PL §221.05, Unlawful possession of marihuana, and there are no other offenses charged, [Go to step B.9].
6. If the only offense is a Family Court Warrant of arrest, [Go to step B. 9].
7. Contacts Court Liaison, during the following times, to determine if court is in session:
a. Monday through Friday, mid afternoon or later,
b. weekends and holidays, mid morning.
8. If court is in session, directs the police officers to continue with arrest processing [See OPS 2115] and transport [See OPS 2230] of the arrestee to court. [End of Procedure]
9. If court is not in session, directs the police officers to continue with arrest processing [See OPS 2115] and considers issuing an appearance ticket, if the subject meets the following criteria:
a. is properly identified,
b. has no active warrants other than a Family Court Warrant
for his arrest,
c. does not appear to be under the influence of alcohol,
narcotics, or other drugs to the degree that he may
endanger himself or other persons.,
d. will not pose a danger to himself or others if released,
e. has not violated the terms of an order of protection,
f. is not being charged with any of the following penal law
offenses:
(1) A,B,C,orDfelony,
(2) thefollowingEfelonies:
(a) §130.25 Rape 3rd degree,
(b) §130.40 Criminal sexual act 3rd degree,
(c) §205.10 Escape 2nd degree,
(d) §205.17 Absconding from temporary release 1st
degree,
(e) §205.19 Absconding from a community treatment
facility,
(f) §215.56 Bail jumping in the 2nd degree
will likely appear in court based on the following: (1) resultsfromcomputerchecks,
(2) indicationsfromthesubject.
Appearance tickets will not be issued for Family Court offenses.
10. If an appearance ticket will not be issued, directs the police officers to transport the arrestee to detention. [End of Procedure]
11. If an appearance ticket will be issue, determines if pre- arraignment bail will be set.
Note: Bail is required if:
a. the arrestee is not a Nassau County resident,
b. the arrestee is not properly identified,
c. there is a belief the arrestee will not likely appear in court.
12. If bail will be set, determines the amount of bail to be accepted. [Refer to CPL 150.30]
Note: Desk Officers may exercise discretion when fixing pre- arraignment bail in connection with any case.
13. If bail will be posted by the arrestee or his bailor, initiates the Pre-Arraignment Bail Procedure. [See OPS 2140]
14. If pre-arraignment bail will not be posted by the arrestee or his bailor, directs the arresting officer to transport the arrestee to detention. [End of Procedure]
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Prepares PDCN Form 8A, ensuring the (to wit:) section is
completed.
2. Checks the court information box on PDCN Form 8A, if it is being issued for the following offenses:
a. dog creating a nuisance,
b. consumption of an alcoholic beverage in a public place,
c. unlicensed peddler,
d. trespass on posted public property without consent,
e. noise ordinance,
f. obstructing a sidewalk,
g. unlicensed tow truck (owner),
h. no tow car drivers license,
i. soliciting tow work,
j. in park after hours,
k. in park after dark,
l. alcohol beverage in park,
m. littering,
n. PL §270.00 sub 2(b)(I), Unlawfully dealing with
fireworks,
o. PL §240.20, Disorderly conduct (non family offense),
p. PL §260. 21 sub 3, Unlawfully dealing with a child 2nd degree.
Prepares the following forms for all other offenses:
a. PDCN Form 85A, Crime Report,
b. PDCN Form 85, Court Information.
Makes PDCN Form 8A returnable to the following courts:
a. First District Court [See Appendix M] for violations of the Penal Law, Nassau County laws and ordinances, ABC Law or, misdemeanor Vehicle and Traffic Law offenses,
b. the appropriate district or village court [See Appendix M] for violations of town and village ordinances.
Refers to the scheduled court return dates, and selects a return date with a lead time of 3 weeks to a month.
Note: For appearance tickets issued for criminal proceedings involving domestic incidents the return date will be the following day.
6. Obtains the subject’s signature on PDCN Form 8A.
7. Issues PDCN Form 8A and serves a copy to the subject.
8. Releases the subject.
9. Enters the information from PDCN Form 8A into Swift Justice.
10. Forwards a copy of PDCN Form 8A to the summons clerk for filing.
11. Attaches PDCN Form 8A to the arrest paperwork, if it was issued after arrest.
12. Updates the status of the arrestee in the Swift Justice detention screen.
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Effects an ———[See Attachment A] when either of the following exists:
a. there is a warrant for the subject, or
b. reasonable cause to believe [See Glossary] any of the
following:
(1) a crime was committed,
(2) a petty offense was committed in the Police Officer’s
presence,
(3) the terms of an order of protection have been violated
[See OPS 5150].
2. Notifies the subject of the authority, purpose, and reason for the
arrest
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includes the following:
1. name, address, telephone number, date of birth,
2. driver’s license, social security, or taxpayer identification number,
3. place of employment,
4. mother’s maiden name,
5. number or code from the following:
a. financial services account, b. savings account,
c. checking account,
d. brokerage account,
e. credit card account,
f. debit card account,
g. automated teller machine, h. mobile identification,
6. computer system password,
7. signature, copy of signature, or electronic signature,
8. unique biometric data that includes the following:
a. fingerprint,
b. voice print,
c. retinal or iris image,
9. telephone calling card number,
10. electronic serial number or personal identification number,
11. any other name, number, code, or information that may be used
alone or in conjunction with other such information to assume the identity of another person.
Personal identifying information
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: occurs when an individual knowingly possesses certain personal identification information of another person and knows that this information is intended to be used for certain criminal purposes.
Unlawful possession of personal identification information
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A. Initial Response and Investigation
1. Receives a report of identity theft or unlawful possession of personal identification information.
2. Conducts a preliminary investigation and determines the place of occurrence.
Note:
The Criminal Procedure Law §20.40(4) provides that an offense of identity theft or unlawful possession of personal identification information may be prosecuted in the following locations:
1. in any county in which part of the offense took place regardless of whether the defendant was actually present in such county, or
2. in the county in which the person who suffers financial loss resided at the time of the commission of the offense, or
3. in the county where the person, whose personal identification information was used in the commission of the offense, resided at the time of the commission of the offense.
3. Prepares a case report [See OPS 8110].
4. Ensures that the MO code of “IDTHEFT” is noted.
5. Refers the complainant to the following:
a. Federal Agencies [See Appendix G]:
(1) FederalTradeCommission,
(2) SocialSecurityAdministration,
(3) US Postal Inspection Service,
b. Private Agencies [See Appendix N]:
(1) EquifaxInformationServices,LLC,
(2) Experian National Consumer Assistance Center,
(3) TransUnionFraudVictimAssistanceDepartment.
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6. Reviews and classifies the case report and assigns the case report to the Detective Division.
7. Transmits (FYI) the case report to the Crimes Against Property Squad (CAPS).
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8. Ensures the case report is appropriately classified and conducts an investigation.
9. If there are any crimes which fall outside this Department’s jurisdiction, contacts the appropriate law enforcement agency to provide information.
10. Contacts CAPS for assistance with cases that are complex, extensive, or appear to be part of a pattern.
11. Provides the complainant with crime prevention and referral information. [See Step A.5]
Specialized Response
1. Monitors all cases of identity theft and unlawful possession of personal identification information on a regular basis and provides specialized investigative response when necessary.
2. Maintains crime prevention resource and referral information for dissemination to other Members of the Department and the public regarding identity theft.
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: an individual who has no pulse, is not breathing, and for whom one of the following circumstances exist:
1. pronouncement of death [See Glossary] by a licensed physician,
2. presentment of a valid non-hospital Do Not Resuscitate (DNR) Order [See Glossary],
3. cardiopulmonary resuscitation (CPR) is contraindicated and therefore will not be performed.
Note: CPR is contraindicated, and therefore not performed, in cases of obvious death involving one or more of the following:
1. obvious mortal injuries, such as decapitation,
2. rigor mortis,
3. tissue decomposition,
4. extreme dependent lividity, when there are very
extensive areas of reddish-purple discoloration of the skin in dependent areas. (those areas on which the body has been resting)
Fatal aided
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A. Initial Response and Investigation
1. Determines if an individual is a fatal aided.
Note: If an aided person is moved for medical reasons and determined to be a fatal aided, the investigating detective needs to be advised the body was moved.
2. If the individual is not a fatal aided, initiates the Aided Cases Procedure. [See OPS 1110] [End of Procedure]
3. If an individual is a fatal aided, evaluates the scene and reviews the circumstances surrounding the death.
4. Makes observations relative to the fatal aided, especially the following:
a. location,
b. position,
c. appearance.
5. Initiates the necessary procedures, such as the following:
a. Crime Scene Duties [See OPS 8115],
b. Critical Incident Management [See OPS 12110].
6. Determines if there are suspicious or unusual circumstances. 7. If there are suspicious or unusual circumstances,
a. requests a Supervisor respond to the scene,
b. notifies the Desk Officer immediately.
10. If there are no suspicious or unusual circumstances,
a. notifies the Desk Officer with details,
b. continues the preliminary investigation as directed by the
Desk Officer.
12. Ascertains information relative to the fatal aided, especially the following:
Patrol Supervisor
Desk Officer Police Officer
Desk Officer Police Officer
a. b. c. d.
13. If a.
b.
Note:
identity of the fatal aided,
recent medical history,
the date of his last visit with a medical doctor,
the identity of any persons present at the scene or who witnessed the death.
it is necessary to move or search the body,
obtains authorization from the Medical Examiner's Office before moving or searching [See Appendix I],
advises the investigating detective that the body was moved or searched.
Pursuant to Nassau County Charter §906, the authorization of the Medical Examiner is needed to move or search the body.
If it is not necessary to move or search the body, ensures that he body is not disturbed.
15. Records, on PDCN Form 32F, Homicide Preliminary Investigation Report, information relative to the fatal aided. [See Section E]
16. If a person present identifies the fatal aided, ensures that person is identified and signs PDCN Form 32F.
17. Determines if a pronouncement of death or an implied pronouncement of death [See Glossary] has been made.
18. If a pronouncement or implied pronouncement has been made, records information, on PDCN Form 32F, relative to the pronouncement, including:
a. time of the pronouncement,
b. name, title, phone number, and organization of the person
who made the pronouncement,
c. the affiliation of the person, who made the
pronouncement, to the fatal aided, for example, family physician.
19. If a pronouncement has not been made, initiates the Implied Pronouncement of Death Procedure. [See OPS 1121]
20. If the fatal aided had recently been seen by a medical doctor, ascertains if the doctor will sign the death certificate.
Note: This step is important to the Medical Examiner's investigation and will be information sought when his office contacts the police officer at scene.
Note: The Medical Examiner makes the final determination as to the cause of death.
21. If the attending doctor is a family member, notifies the Desk Officer for immediate detective response.
Note: A family member signing a death certificate should be considered an unusual circumstance requiring detective response.
22. Notifies the Desk Officer when a pronouncement or implied pronouncement has been performed.
B. Jurisdictional Responsibility for Investigations
1. Determines the locations of both of the following:
a. the cause of death,
b. the place of death.
Note: For example, if a person suffered an illness while at home, drove himself to the hospital, and subsequently died at the hospital from that illness, the location of the cause of death is the home address and place of death is the hospital address.
2. Advises the Desk Officer of the locations.
Removal of the Fatal Aided
1. Receives contact from an FMI at the Medical Examiner's Office.
Note: The FMI may choose to respond to the scene to view the body or scene. If he decides, after a telephone contact, that it will be a Medical Examiner's case, he will usually respond to the scene.
2. Follows the directions of the FMI in the removal of the body.
Note: The FMI will inform the Member of the Department at scene if a fatal aided case will be a Medical Examiner's case or if the body will be released.
3. If the FMI directs that the body be transported to the morgue,
[Go to step D.9].
4. If the FMI advises that the body is released by the Medical Examiner's Office, advises the family so that they may contact a funeral home.
Note: The body is released only by authority of the Medical Examiner. This will occur only if there is a family physician who has agreed to sign the death certificate and the scene does not warrant any further review.
5. Determines if continued police presence is needed at the scene after the body has been released by the Medical Examiner's Office.
Note: Factors affecting the need for police presence include the emotional and physical condition of the family present, and the response time of the funeral home.
6. Notifies the Desk Officer of the following:
a. the body has been released by the Medical Examiner's Office,
b. the decision relative to continued police presence.
7. If continued police presence is needed,
a. remains at scene, and
b. releases the body to a representative of the funeral home
selected by the family. [Go to section E]
8. If continued police presence is not needed and the family has
contacted a funeral home, [Go to section E].
9. Notifies a family member that the body is to be transported to the morgue, and directs a family member to contact the FMI at the Medical Examiner's Office. [See Appendix I]
10. Determines if the FMI contacted the Emergency Ambulance Bureau (EAB) Medical Control and requested the Morgue Van.
11. If the FMI has not requested the morgue van, notifies EAB Medical Control and requests the Morgue Van respond to the scene and transport the body to the morgue.
12. Advises EAB Medical Control if there are particular needs at scene, such as quick response, so that priorities can be relayed to the Morgue Van Operator.
15. If crime scene photographs will not been taken by CSSS and the body is being transported to the morgue,
a. requests the Polaroid camera, from the Morgue Van
Operator,
b. takes photographs of the following:
(1) thefatalaided,
(2) the immediate scene, to create a clear understanding
of the circumstances in which the fatal aided was
discovered,
(3) anything else that may be relevant,
c. initials and dates the photographs,
d. gives the photographs to the Morgue Van Operator for
removal with the body.
20. Witnesses the sealing of evidence and signs the bag.
2. Completes Parts A, B, and C of PDCN Form 32F for all fatal aideds.
Note: An original and one copy of PDCN Form 32F will be needed, so carbon paper should be used.
3. Completes Part D of PDCN Form 32F if notification to the family is made.
4. Completes Parts E and F of PDCN Form 32F if no detective is responding to scene.
5. Ensures that a copy of both PDCN Form 32F and DOH Form 3283 are transported to the Medical Examiner's Office with the body.
6. Prepares the case report [See OPS 8110], including the following details:
a. time of pronouncement,
b. who pronounced,
c. location where body was removed to,
d. who authorized removal.
7. Forwards the following to the Precinct Detective Squad:
a. original PDCN Form 32F,
b. research copy of DOH Form 3283.
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8. Responds to the scene when requested or deemed necessary, and
a. gathers the facts of the incident,
b. coordinates the scene,
c. notifies the Desk Officer with details.
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9. If there are suspicious or unusual circumstances, notifies the Precinct Detective Squad for immediate response. [See Section C]
11. If there are no suspicious or unusual circumstances, notifies
the Precinct Detective Squad for investigation. [See Section C]
3. If the cause of death occurred inside of Nassau County, refers the investigation to the Precinct Detective Squad responsible for that location. [Go to step B.6]
Note: When the location is policed by a local police department, the follow-up investigation is referred to the Precinct Detective Squad responsible for investigations in that locality.
4. If the cause of death occurred outside of Nassau County, determines the place of death.
Note: If a body is found inside of Nassau County, it is presumed that the place of death is the location of the body.
5. Refers the investigation to the Precinct Detective Squad responsible for the place of death.
6. If an intervening event or circumstance is responsible for cause of death, refers investigation to the Precinct Detective Squad responsible for the location of the intervening event.
Note:
Note:
An example would be if an aided person were brought to a hospital and an event in the hospital caused the death, the location, for purposes of determining investigative responsibility, would be the hospital.
The length of stay in a hospital is not an intervening event and therefore would not be used in determining investigative responsibility.
7. Advises the Police Officer at scene to include in reports the precinct of jurisdiction.
C. Detective Response
Note: All fatal aided investigations are referred to the Detective Division for investigation. The Desk Officer must determine if immediate detective response is necessary during alternate response hours.
1. Determines availability of Precinct Detectives. 2. If a Detective is available,
a. notifies him of details and directs his response,
b. advises him that the Medical Examiner's Office needs to
be contacted, and c. provides him with the name of the Police Officer and telephone number at scene.
3. If a Detective is not available, determines if detective response is necessary.
Note: Note:
Suspicious or unusual circumstances warrant immediate detective response.
The Alternate Response of Detective Personnel Procedure [See OPS 8330] describes the scenes requiring immediate detective response, and includes:
1. all fatal aideds, except:
a. natural deaths resulting from an extended serious
illness where there is a pronouncement and the attending medical doctor will sign the death certificate,
b. natural deaths in a hospital,
2. all motor vehicle accidents involving death and one or more of the following contributing factors:
a. alcohol involvement,
b. drug involvement,
c. criminal charges.
4. If detective response is necessary, initiates the Alternate
Response of Detective Personnel Procedure. [See OPS 8330]
5. If detective response is not necessary, advises the Police Officer/Supervisor at scene to continue the preliminary investigation.
6. If detective response is delayed, or a detective is not responding,
a. contacts the Forensic Medical Investigator (FMI) [See Glossary] at the Medical Examiner's Office [See Appendix I] with details,
b. provides the name of the Police Officer and telephone number at scene,
c. notifies Crime Scene Search Section (CSSS) to respond, when needed,
d. advises the FMI if detectives or CSSS are responding,
e. advises the Police Officer/Supervisor at scene and the FMI
if a Detective will be responding.
8. Reviews the case report [See OPS 8110], and assigns it to the Precinct Detective Squad.
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7. Contacts the Police Officer at scene for details.
8. Requests CSSS respond to the scene when needed.
9. Contacts the Medical Examiner's Office [See Appendix I], and
a. provides the FMI with details,
b. advises the FMI if CSSS is responding,
c. advises the FMI if crime scene processing is necessary
prior to FMI response.
10. Responds to the scene.
11. Investigates the circumstances of the fatal aided.
12. Determines if there are suspicious circumstances.
13. If there are suspicious circumstances, notifies the Homicide
Squad to respond for assistance.
14. If there are no suspicious circumstances, continues the investigation.
22. Prepares PDCN Form 313, and tags the body before removal to the morgue.
9. Completes Parts E, and F of PDCN Form 32F, if not prepared by the Police Officer.
10. Completes Part G of PDCN Form 32F.
11. Completes a follow-up investigation, including contacting the
Medical Examiner for a determination of the cause of death.
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: a notification transmitted to media outlets, law enforcement, and public agencies to provide for the rapid and widespread public dissemination of vital information, aiding in the search and safe return of a missing person. Alerts are activated as needed and in compliance with specific guidelines for the type of alert issued, including:
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: Broadcast a cooperative effort between law enforcement agencies and broadcasters that utilizes the Emergency Alert System for rapid and widespread dissemination of information to the public in the event of a child abduction.
AMBER Alert (America’s Missing Emergency Response):
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: NYS Division of Criminal Justice Services (DCJS) Missing Persons Clearinghouse (MPC) activated alerts requested by the investigating agency when a child (under the age of 21) or college student (any age) is reported missing and deemed to be endangered, but known circumstances do not meet AMBER activation criteria.
Missing Child/College Student Alerts
46
: a NCPD system generated alert activated when it has been determined that the circumstances relating to a missing person indicate that an alert is warranted and it does not meet the criteria for other types of missing person alerts.
Missing Person Alert
47
a NYS DCJS MPC activated alert requested by the investigating agency for missing persons 18 years of age or older who have a cognitive impairment, mental disability, or brain disorder and/or whose disappearance has been determined as posing a credible threat of harm to the individual.
Missing Vulnerable Adult Alert
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a NCPD system generated alert for senior citizens 65 years of age or older, R.E.A.C.H. registrants, Project Lifesaver clients, and other at-risk individuals, regardless of age, who are missing and suffer from cognitive disorders such as Alzheimer’s disease, dementia, and autism.
Silver Alert
49
: an individual whose whereabouts are unknown and unexplainable for a period of time that is regarded by knowledgeable parties as highly unusual or suspicious in consideration of the person’s behavior patterns, plans, or routines.
Missing Person
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a missing person who meets the criteria of any of the following categories:
a. is 13 years of age or younger,
b. is a senior citizen 65 years of age or older,
c. is cognitively or physically impaired to the extent
that the missing person needs treatment or cannot
care for himself,
d. the disappearance has been determined to pose a
credible threat of harm to self or others,
e. is in imminent danger,
f. may be the victim of a boating, swimming, or other
sporting accident,
g. is enrolled in the R.E.A.C.H. Registry [See Definition],
h. is enrolled in the Project Lifesaver Program [See
Definition].
High risk missing person
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: a person under the age of 18, who is missing from his normal place of residence, and whose whereabouts cannot be determined by a person responsible for the child’s care, or who is known to have been taken, enticed, or concealed from the custody of his lawful guardian by a person who has no legal right to do so.
Missing child
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: any person, regardless of age, who is a student of an institution (college or university) and resides in a facility owned or operated by such institution, and is reported missing from his residence.
Missing college student
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: a missing person under the age of 18.
Missing juvenile
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a private, non-profit organization designated by statute to serve as the official national resource center and information clearinghouse for missing and exploited children. NCMEC operates a national, 24-hour toll-free hotline (1-800-THE-LOST) to which individuals may report information regarding the location of any missing child.
National Center for Missing and Exploited Children (NCMEC)
55
a computerized index of criminal justice information (i.e. criminal record history, fugitives, stolen properties, missing persons) under the direction of the FBI's Criminal Justice Information Services (CJIS). NCIC is operational 24 hours a day, 365 days a year, and is available to federal, state, and local law enforcement and other criminal justice agencies.
National Crime Information Center (NCIC)
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a county-wide search and rescue rapid response locator program for finding a Project Lifesaver missing person. These individuals, who maintain a 24-hour caregiver, suffer from a cognitive disorder and are known to wander and become lost. They are outfitted with a personal transmitter bracelet around the wrist or ankle which emits an individualized tracking signal. When the Department is notified that a Project Lifesaver client is missing, the Project Lifesaver International Database will be accessed and the client’s unique radio frequency and transmitter tracking device numbers will be used by trained emergency personnel to rapidly respond with electronic tracking equipment to the client’s last known location and conduct an immediate search.
Project Lifesaver Program
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: a Department created and maintained database list of individuals of all ages with cognitive disorders and impairments that potentially limit their ability to communicate and make them more likely to become a missing person. The registry, available on the Department intranet homepage, includes photographs, biographical, and other pertinent information that provides valuable assistance in the location of a missing registrant. Enrollment is voluntary and is limited to persons with a nexus to Nassau County through either residence or caregiver location (i.e. school, day care program, or frequented location).
R.E.A.C.H. (Return Every Adult and Child Home) Registry
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2. Responds to the reporting caller’s location.
3. Interviews the reporting person to gather missing person
information, including:
a. name and age,
b. physical description,
c. clothing description,
d. mental health condition,
e. last known location,
f. possible destinations,
g. mode or method of travel,
h. if electronic devices were possessed by the missing person.
Note: There is no waiting period to report a person missing. Missing person incidents are investigated and reported as soon as they are received.
4. 5.
Contacts the Desk Personnel to determine if the missing person has come into contact with the Police Department as an aided person or as the subject of an investigation.
7. Notifies the Desk Officer if there is evidence of criminal activity.
10. Follows the direction of the Desk Officer, and
a. continues the missing person investigation, or
b. initiates the appropriate procedure [End of Procedure].
11. Determines where the missing person:
a. lives,
b. was last seen,
c. was last known to be.
12. If the missing person is not a Nassau County resident and was last seen or known to be outside of Nassau County,
a. refers the reporting person to the missing person’s resident jurisdiction,
b. prepares a FOA (For Other Authority) case report, and
(1) includes details of the incident,
(2) indicates in the narrative that the reporting person was
referred to the proper authority, and
c. makes notifications as necessary [End of Procedure].
13. If the missing person was last seen or known to be in Nassau County, broadcasts a missing person notification, if necessary.
Note: The need for a broadcast is based on how long the person has been missing and the likelihood that a notification would assist in locating the person.
14. IfthemissingpersonisaNassauCountyresidentandwaslastseenor known to be outside of Nassau County, continues the investigation.
15. If electronic devices were utilized or possessed by the missing person, obtains the following information:
a. the type of electronic device,
b. device provider,
c. account holder’s name and account number,
d. cell phone number, if applicable.
16. Determines if the missing person is a high risk missing person [See Definition].
17. If
a. b. c. d. e.
f.
Note:
the missing person is a high risk missing person,
requests a Patrol Supervisor,
conducts an immediate search,
searches the R.E.A.C.H. Registry,
broadcasts a missing person notification, if not already broadcast, contacts the Desk Officer and discusses the need for a detective response and an alert [See Definition],
initiates the Incident Management Procedure [See OPS 12110].
A search for small children requires a search of all small areas such as the following: under beds, closets, cabinets, refrigerators, freezers, garages, sheds, holes, crawl spaces, parked vehicles, including trunks, and under decks.
18. If the missing person is not a high risk missing person, conducts a search to locate the missing person.
28. Conducts a canvass [See Glossary] of the area and interviews
anyone with knowledge of the incident.
29. Continues searching for the missing person until:
a. the person is located [Go to Section F], or
b. it is determined a search will not locate the missing person, or
c. is advised by a Supervisor to discontinue the search.
30. If not previously acquired, obtains a recent photograph of the missing person and writes the following information on the back of the photograph:
a. name of the missing person,
b. name and address of the reporting person.
31. If a photograph cannot be obtained, provides the following email address where a digital photo can be sent: cdsmissingpersons@pdcn.org
32. Completes a separate PDCN Form 322, Missing/Unidentified Person Report, for each missing person, and a. b.
Note:
ensures that the reporting person has signed the form(s), if the missing person is a Project Lifesaver client:
(1) writes “Project Lifesaver” on top of form,
(2) describes in the case narrative the success or failure
of the tracking equipment as observed or reported by the responding ESU member.
PDCN Form 322 shall be prepared even if the missing person has been found prior to an alarm being generated.
33. Telephones CB Case Offense Section to report the case [See OPS 8110].
35. Writes the case report number on the back of the photograph(s), if obtained.
36. Brings PDCN Form 322 and any photograph(s) to the precinct without delay.
F. Located Missing Person
1. Notifies a Supervisor when a missing person is located.
2. Renders aid [See OPS 1110] if necessary.
3. Establishes a crime scene [See OPS 8115] if necessary.
4. Advises the located missing person that he is the subject of a missing person investigation.
5. Interviews the located missing person regarding the circumstances surrounding his disappearance.
6. Refers any criminal activity to the appropriate Detective Division Squad.
7. If applicable, refers the located missing person and his family for assistance to programs including:
a. Nassau County Coalition Against Domestic Violence
[See Appendix N],
b. for persons suffering from dementia or Alzheimer’s disease:
(1) Alzheimer’sSafeReturnProgram, (2) theR.E.A.C.H.Registry,
(3) the Project Lifesaver Program.
8. If the located person is not a missing juvenile [See Definition], [Go to Step F.17].
9. If the located person is a missing juvenile,
a. personally verifies his return and well being,
b. notifies MPS, if not already notified.
Note: MPS is available 0700 – 0100 hours, Monday thru Friday.
After hours, the Precinct Squad should be notified.
10. Reviews the circumstances of the missing juvenile’s disappearance.
11. If there is reason to believe that any criminal activity occurred or further information on the located missing juvenile is required, notifies the Desk Officer or Patrol Supervisor.
17. Asks the located missing person, who is at least 18 years old, if he wants the reporting person or next of kin notified of his location.
Note: The reporting person, parent, guardian, or next of kin of a located missing person, who is at least 18 years old, will not be notified of the located missing person’s location unless requested to do so by the located missing person.
18. Notifies the reporting person, parent, guardian, or next of kin of the missing person’s:
a. location, when authorized by the missing person, or
b. well-being, if the missing person does not want his
location known.
26. Prepares any additional needed reports, such as the
following:
a. aided report,
b. LDSS Form 2221A, Report of Suspected Child Abuse or
Maltreatment,
c. NYS DCJS MPC form, Post Activation Report, if an alert
was activated for a Missing Child or College Student,
d. an additional case report for any criminal activity
discovered during the investigation.
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20. Responds when requested or deemed necessary, and
a. supervises the search effort,
b. requests the following assistance, if needed:
(1) BureauofSpecialOperations,
(2) CanineUnit,
(3) ESU (flood light truck and light trailer),
(4) AviationUnit,
(5) MountedUnit,
(6) firedepartment.
21. If the missing person is a R.E.A.C.H. registrant or Project Lifesaver client, ensures that all R.E.A.C.H. and Project Lifesaver database information, including possible destinations, are utilized in the search.
12. If the located missing juvenile has been the victim of child abuse, maltreatment, or neglect, initiates the Child Abuse/Neglect and Emergency Removal procedure [See OPS 9025].
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Accesses and reviews Department records to determine if the missing person has come into contact with the Police Department.
Note: Members should determine if the missing person appears on any Record Management System (RMS) aided, accident, or arrest records during the time period the person has been missing.
6. Notifies the investigating Police Officer if the missing person has come into contact with the Police Department.
38. Performs a missing test (MTST) in the eJusticeNY Integrated Justice Portal to ensure that an alarm record does not already exist for the missing person case being reported.
39. If an alarm record does not exist,
a. contacts teletype and receives a missing person alarm number,
b. enters missing person case report information in the eJusticeNY Integrated Justice Portal.
40. If a photograph of the missing person is received, scans the photograph and forwards it to MPS’ email: cdsmissingpersons@pdcn.org
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8. Evaluates the situation and directs the Police Officer to:
a. continue the missing person investigation, or
b. initiate the Preliminary Investigations Procedure [See OPS 8105].
Note: If a missing person investigation reveals evidence of criminal activity, the incident will be handled as a criminal investigation and not as a missing person investigation.
9. If the missing person fits the criteria for an AMBER Alert [See Definition], directs the Police Officer to initiate the AMBER Alert Procedure [See OPS 8215].
22. Notifies any of the following for detective response, as necessary:
a. Missing Persons Section (MPS), if available,
b. precinct squad,
c. Central Detectives Squad (CDS), if there is a need to
trace the missing person’s electronic device.
23. If a.
b.
an alert will be issued,
directs the Police Officer to contact the CB Operations Desk, or
contacts CB directly and provides information needed for the alert, including:
(1) the type of alert to be issued,
(2) missingpersoninformation,including:
(i) name, age, physical description,
(ii) placelastseen,
(iii) emergency contact,
(iv) any medical, cognitive or physical needs
that put the missing person at increased personal risk.
A NCPD system alert should be activated as soon as possible. Additional alerts by NYS DCJS may be activated at any time if additional information warrants a statewide/nationwide alert.
a scanned photograph or digital image of the missing person available,
forwards, via email, to CB Operations Desk, and notifies CB Supervisor via telephone.
37. Receives missing person case report information and provides the information to Desk Personnel.
44. Ensures the alarm number is:
a. generated into the eJusticeNY Integrated Justice Portal,
b. entered into the NCIC number box in the name screen on
the case report.
Note: An alarm number must be entered into the case report’s name screen page in RMS prior to assigning the case to the CDS desktop in RMS.
45. If for any reason information relating to the missing person was previously entered into the eJusticeNY Integrated Justice Portal:
a. attaches a copy of the information to the case report, and
b. notes in the narrative section when the entry was made
and the reason for the entry.
46. Assigns the case report for investigation, as follows:
a. CDS desktop in Swift Justice,
b. MPS mailbox in I-Leads.
Note: All missing person cases are not to be closed out at the precinct level and must be forwarded to the CDS desktop in Swift Justice and to the MPS mailbox in I-Leads.
47. Scans and sends a copy of PDCN Form 322 to MPS,
a. by email, and
b. the original by Department inter-office mail.
Note: PDCN Form 322 shall be forwarded to MPS even if the missing person has been found prior to an alarm being generated.
13. Accesses and reviews Department records to determine if the located missing juvenile is an escapee from the Nassau County Juvenile Detention Facility.
14. If the located missing juvenile is an escapee from the Nassau County Juvenile Detention Facility, directs the Police Officer/Detective to initiate the Arrest Processing Procedure [See OPS 2115].
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A. Initial Report of a Missing Person
1. Receives a call reporting an individual is missing.
2. Obtains the following information on the reported missing
person [See Definition]:
a. name and age,
b. physical description,
c. clothing description,
d. mental health condition,
e. last known location,
f. possible destinations,
g. mode or method of travel,
h. if electronic devices were possessed by the missing person.
RULES REPLACES
PROCEDURE
911 Operator/ Desk Personnel
3. If
person, obtains the following information:
electronic devices were utilized or possessed by the missing
a. the type of electronic device,
b. device provider,
c. account holder’s name and account number,
d. cell phone number, if applicable.
4. If the reported missing person is a Project Lifesaver client, [Go to Section B].
5. If the reported missing person is not a Project Lifesaver client, [Go to Section C].
Project Lifesaver
1. Obtains and enters in the CAD Event Screen the following Project Lifesaver missing person information:
a. Project Lifesaver personal radio frequency, and
b. ID transmitter number.
2. If the radio frequency and transmitter number are not known, obtains information by entering the missing person’s name and date of birth in the Project Lifesaver International Database.
3. Dispatches the following personnel to respond to the reporting caller’s location:
a. Patrol Supervisor,
b. 2 RMP units.
4. Dispatches Emergency Services Unit (ESU) personnel to the missing person’s last known location, and provides the missing person’s radio frequency and ID transmitter number.
Note: If the missing person’s last known location is not in close proximity to the reporting caller’s location, one of the RMP units may be dispatched with ESU to the missing person’s last known location.
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If the missing person is a high risk missing person, notifies a CDS Supervisor,
contacts the CB teletype section for increased radio notifications.
26. Responds as directed by the Desk Officer.
Follow-Up Investigation
1. Scans RMS for new missing person case reports.
2. Reviews all new missing person case reports.
3. Visits the location where the missing person was last seen and interviews people who frequent the area.
4. Interviews people who know the missing person, including:
a. family,
b. friends,
c. co-workers, d. schoolmates, e. teachers.
5. Contacts the Alzheimer’s Safe Return Program [See Appendix G] for missing persons suffering from dementia or Alzheimer’s disease.
6. Contacts hospitals and morgues to identify patients and corpses that match the description of the missing person.
7. Contacts police departments of other jurisdictions where the missing person may be located.
8. Conducts searches of the missing person’s:
a. electronic devices,
b. bank records,
c. social media sites,
d. credit card records.
9. Considers the issuance or re-issuance of an alert.
10. If
an alert is to be activated,
11. If
the alert is a NYS DCJS/NCIC generated alert,
a. determines if the missing person fits the criteria for a particular type of alert,
b. contacts the appropriate alert activation center, and
c. provides all pertinent information.
MPS Detective
a. phones the NYS MPC [See Appendix H],
b. completes the appropriate NYS DCJS/NCIC Missing
Person Form 1508.
12. Notifies Public Information Office for media notification in the following situations:
a. the family of the missing person requests media notification, and/or
b. media notification would increase the chances of locating the missing person.
13. Enters any additional gathered information into RMS. E. Person Missing Over 30 Days
1. Determines a person has been missing for over 30 days.
2. If the reporting person has a fingerprint card for the missing person,
a. obtains the fingerprint card,
b. completes the remainder of the card,
c. sends the card to the NYS DCJS MPC.
Note: The fingerprint card should have a separate box identifying each finger of both hands.
3. Completes the Authorization to Release Dental Records and X- Rays and requests the parent, guardian, or next of kin, if available, to sign the authorization.
4. If there is no parent, guardian, or next of kin available to sign the Authorization to Release Dental Records and X-Rays,
a. executes a written declaration,
b. signs the authorization himself.
Note: The written declaration must state that an active investigation seeking the location of the missing person is being conducted and the dental records are necessary for the exclusive purpose of furthering the investigation.
5. Delivers the authorization and related forms to the missing person’s dentist and advises the dentist to complete the forms and return them to MPS within 10 days.
Note: Executive Law §838.5(a) (i) requires that a dentist provide the requested dental information within 10 days.
6. Forwards the dental information to the NYS DCJS MPC.
15. Determines the location the missing juvenile should be returned to by reviewing all available information.
16. If the located missing juvenile is to be returned to a parent, or other person legally responsible for his care,
a. notifies the parent, or other person legally responsible for his care, of the missing juvenile’s location,
b. arranges to have the missing juvenile returned to the parent, or other person legally responsible for his care.
19. Notifies Desk Personnel to enter a MCAN (Missing Cancel Form) into the eJusticeNY Integrated Justice Portal.
20. Notifies CB to cancel the located missing person’s:
a. radio notifications, and
b. missing person alert, if activated.
27. Updates the case report and changes the status to closed.
28. Advises any assisting agencies that the missing person has been located.
29. If the missing person is a Project Lifesaver client, updates the Project Lifesaver International Database to reflect that the missing person has been found.
30. Contacts the Alzheimer’s Safe Return Program, if the agency was notified.
31. Returns the missing person’s photograph(s) by U.S. mail.
32. Destroys all collected identifying material related to the
missing person, as required by applicable law.
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(America’s Missing: Broadcast Emergency Response) Alert Program: a statewide response program targeting the abduction of children during which life-threatening circumstances are suspected. The program is a cooperative effort between law enforcement agencies and broadcasters that utilizes the Emergency Alert System for rapid and widespread dissemination of information to the public in the event of a child abduction.
AMBER Alert Protocol: the criteria which qualify an abduction case for activation of the AMBER Alert Program are:
1. the victim is a child 17 years of age or younger, and
2. the police must believe the child is in imminent danger of
serious bodily harm or death, either
a. at the hands of another, or
b. due to the victim’s mental or physical disability.
Note: There must be sufficient descriptive information about the victim, the suspect, or the suspect’s vehicle (including registration number and state registered) to believe an immediate broadcast will help.
Confirms: having reasonable cause to believe that a child has been abducted.
Note: While confirmation is usually established through eyewitness accounts, eliminating other possibilities through investigation can also be used to reasonably conclude that a child has been abducted.
AMBER
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1. Responds to a report of an abduction of a child.
2. Conducts a preliminary investigation. [See OPS 8105]
3. Confirms [See Definition] that an abduction has taken place.
4. Transmits a radio notification if an abduction has taken place.
5. Initiates the Incident Management Procedure. [See OPS 12110]
6. Requests a supervisor.
12. Telephones both the Police Communications Shift Supervisor (PCSS) and Precinct Desk Officer and:
a. advises that activation of the AMBER Alert Program is being requested,
b. provides the name of the Patrol Supervisor who approved the request for activation,
c. provides all the information available for completion
of the AMBER Alert Submission Form.
13. Obtains photos of the missing child and/or abductor, if available.
22. If significant updates or corrections need to be broadcast, requests Precinct 32 Room Personnel prepare and forward new or revised AMBER Alert submission form to NYSP COMSEC via email to commop@troopers.ny.gov. Updated broadcasts may be sent based on new information:
a. with the word “update” written on it, and
b. the new information clearly indicated.
23. If a cancellation needs to be broadcast, and it is within eight hours of the original transmission, requests Precinct 32 Room Personnel email the original AMBER Alert Submission Form to NYSP COMSEC (commop@troopers.ny.gov),
a. with the word “cancel” written on it, and
b. indicating that the child is recovered or the case no longer
qualifies.
Note: Cancellations will not be broadcast after eight hours. Notification to the media will be coordinated through PIO. [See OPS 4210]
3. Responds to the scene and investigates.
4. If the report is of a sighting which is founded,
a. takes police action if the victim, the subject, or the subject’s vehicle are still at scene,
b. transmits a radio notification if they are no longer at scene.
5. If the report of a sighting is unfounded or is a report providing
any other related information,
a. identifies and interviews the complainant and any witnesses,
b. conducts a canvass.
6. Determines which jurisdiction activated the AMBER Alert. 7. If the AMBER Alert was activated by the NCPD,
a. immediately notifies the investigating detective squad of the disposition of the call, and
b. prepares a case report [See OPS 8110] documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert.
8. If the AMBER Alert was activated by an agency other than the NCPD,
a. prepares a case report [See OPS 8110], documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert, and
b. indicates in the narrative which jurisdiction activated the AMBER Alert.
9. Ensures that the MO code of “AMBER Alert” is noted.
4. If the report is of a sighting which is founded,
a. takes police action if the victim, the subject, or the subject’s vehicle are still at scene,
b. transmits a radio notification if they are no longer at scene.
5. If the report of a sighting is unfounded or is a report providing
any other related information,
a. identifies and interviews the complainant and any witnesses,
b. conducts a canvass.
6. Determines which jurisdiction activated the AMBER Alert. 7. If the AMBER Alert was activated by the NCPD,
a. immediately notifies the investigating detective squad of the disposition of the call, and
b. prepares a case report [See OPS 8110] documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert.
8. If the AMBER Alert was activated by an agency other than the NCPD,
a. prepares a case report [See OPS 8110], documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert, and
b. indicates in the narrative which jurisdiction activated the AMBER Alert.
9. Ensures that the MO code of “AMBER Alert” is noted.
15. Calls NYSP COMSEC at 518-457-6811 to request AMBER Alert activation.
16. Completes missing person entry in the eJusticeNY IJ Portal, indicating on the Nassau alarm that the victim is the subject of an AMBER Alert.
Note: NYSP COMSEC will send the file 11A abduction message.
17. Completes the AMBER Alert Submission Form using the requesting supervisor’s name and submits via email to commop@troopers.ny.gov and nyspsvu@troopers.ny.gov [See Appendix K]
18. Scans the photos into the computer and e-mails the digital images to commop@troopers.ny.gov and nyspsvu@troopers.ny.gov.
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7. Responds to the scene, and
a. debriefs the Police Officer,
b. becomes the Incident Commander,
c. briefs the Desk Officer and requests the precinct squad
detective.
8. Determines if the AMBER Alert Protocol [See Definition] is met.
Note: Strict adherence to the protocol is critical to the success of the program. Overuse of the program may desensitize the public to the significance of the broadcast.
9. If abduction has been confirmed and case may qualify for an AMBER Alert, immediately calls the New York State Police Communications Section (NYSP COMSEC) at 518-457-6811 to request activation.
10. If the AMBER Alert Protocol is not met,
a. directs the Police Officer to:
(1) prepare a case report [See OPS 8110], or
(2) initiate the Missing Persons Procedure [See OPS
8210],
b. explains to the parent or guardian why the situation does
not meet the AMBER Alert Protocol. [End of Procedure]
11. If the AMBER Alert Protocol is met, directs the Police Officer
to obtain,
a. the information needed for completion of the AMBER Alert Submission Form, and
b. the signature of a parent or legal guardian on a New York State AMBER Alert Authorization to Publicize Form.
Note: Activation will not be delayed if an Authorization to Publicize Form, signed by a parent or guardian, is not immediately available. Verbal consent should be obtained and will be accepted until the signed form can be submitted.
14. Ensures photos of the missing child and/or abductor are forwarded to the Precinct 32 Room personnel immediately.
19. Notifies the Public Information Office (PIO) Reception Desk of the occurrence. [See OPS 4210]
20. Prepares a case report. [See OPS 8110]
21. Gives the original New York State AMBER Alert
Authorization to Publicize Form to the Investigating Detective.
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10. Reviews and classifies the case report.
11. Assigns the case report to the Detective Division as follows:
a. if the AMBER Alert was activated by the NCPD, to the Detective Squad investigating the abduction,
b. if the AMBER Alert was activated by another jurisdiction, to the Precinct Squad with jurisdiction over the location where the report is taken.
12. If the AMBER Alert was activated by an agency other than the NCPD, notifies that agency of the following:
a. that a call was received in response to the Alert,
b. the disposition of the call,
c. the telephone number of the Detective Squad to be
contacted for further information.
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: any statement or assertion made by a party to a case and offered against that party. It is a voluntary acknowledgement that certain facts do exist or are true but, of themselves, are insufficient to be considered a confession of guilt.
Admission
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: a criminal suspect’s oral or written acknowledgment of guilt, often including details about the crime.
Confession
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: the care and control of a thing or person for inspection, preservation or security. Custody exists in the following settings:
1. when the suspect is under arrest,
2. when there is a substantial deprivation of liberty without
consent.
Note: The standard to be used to determine whether custody exists is what a reasonable person, innocent of any crime, would believe in the same situation.
Custody
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: includes direct questioning of a suspect about a crime or suspected crime, as well as words, statements or actions by officers that the officers should know are reasonable likely to elicit an incriminating response from the subject.
Interrogation
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: a youth over the age of twelve (12) and less than eighteen (18) years old.
Juvenile
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the doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. The suspect must be advised of the right to remain silent and that anything the suspect says can and will be used against them, the right to have an attorney present during questioning, and the right to have an attorney appointed if the suspect cannot afford one. If the suspect is not advised of these rights or does not validly waive them, any evidence obtained during the interrogation cannot be used against the suspect at trial, except for impeachment purposes.
Miranda Rule
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: includes the filing of an indictment or other accusatory instrument or arraignment.
Significant Judicial Activity
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The requirement for administering Miranda warnings [See Definition] attaches when the suspect is in custody [See Definition] and will be interrogated. [See Definition] Miranda warnings are not required in the following situations:
1. exigent circumstances involving risk of physical injury to the public or the police,
2. stop and frisk,
3. show-ups,
4. DWI coordination tests and Standardized Field Sobriety
Test (SFST),
5. telephone interviews,
6. pre-arraignment line-ups.
Suspects being taken into custody for DWI will generally be given Miranda warnings at the time and place of arrest. [See Section B]
Noncustodial Investigation
Determines if the suspect who is not in custody should be interviewed, regarding a matter under investigation, without the presence of counsel.
If it is known that the suspect is represented by counsel for the matter under investigation, refrains from interviewing the suspect with regard to that matter.
If the suspect is not represented by counsel, interviews the suspect without administering Miranda warnings.
(Admissions and Confessions)
Member of the Force
Note: A.
1. 2.
3.
4. 5.
6. 7.
Terminates the interview if the suspect requests an attorney. Resumes the interview if the suspect revokes his/her prior
request for an attorney.
If, as a result of the information elicited during the interview, the
situation develops into a custodial situation, [Go to Section C]
If the interview is completed and no further police action is warranted, documents the results of the interview as necessary. [End of Procedure]
B. Miranda Warnings for DWI
Note: For the purpose of this procedure, probable cause that the subject has been operating a motor vehicle after having consumed alcohol has already been established.
Note: All suspects being taken into custody for DWI will be given Miranda warnings at the time and place of arrest, unless:
a. further investigation by a detective is likely [See Section C],
b. officer or public safety will be compromised, or
c. a language barrier exists. [See OPS 3132, Obtaining
Member of the Force
1. Detains the operator of a motor vehicle and advises the subject that statute VTL §1192 has been violated.
2. Takes the subject into custody and reads the subject the Miranda warnings from PDCN Form 233, Notification of Rights.
3. If the subject is under 21 years of age, [See OPS 6446, Operating a Motor Vehicle After Having Consumed Alcohol; Under 21]
4. If the subject is 21 years of age or older, advises that he/she is under arrest for DWI.
Note: A subject who invokes the right to counsel will not be questioned as to the specifics of the offense without the presence of counsel.
5. Notes in the memorandum book:
a. the date, time and location the Miranda warnings were given,
b. the identity of the subject and other persons present,
c. any specific responses of the subject.
6. Transports the subject to CTS and informs the CTS Breath Analysis Operator of the following, if applicable:
and Using Interpreters]
a. the date, time and by whom the Miranda warnings were read to the subject,
Breath Analysis Operator
Member of the Force
Member of the Force
7. Records the information with regard to reading the Miranda warnings in the “WARNINGS” section of PDCN Form 38, Alcohol/Drug Report Authorization Form.
b. if the subject requested an attorney.
8. If the Miranda warnings were not previously read to the subject, a. reads the Miranda warnings, and
C.
9. If the subject requests counsel, provides the subject with access to a telephone and reasonable opportunity to contact an attorney.
10. Records any number called on PDCN Form 85A, Crime Report.
11. Continues with DWI arrest processing. Custodial Interrogation
1. Determines if an interrogation of the suspect in custody is necessary at that point in an arrest or investigation.
2. If an interrogation of the suspect is not necessary, refrains from any questioning that would require Miranda warnings.
3. 4.
Questions the suspect on routine processing items only.
Records any statements or volunteered admissions [See Definition] or confessions [See Definition] and documents them on PDCN Form 85A.
Primary Investigator
8. Determines if the suspect, absent the presence of counsel, is able to effectively waive his/her Miranda rights and be interrogated.
Note: To be admissible, the statement must not be the result of inducement, provocation, encouragement or acquiescence, no matter how subtly employed.
5. If an interrogation of the suspect is necessary, delays the interrogation unless the Member will be the primary investigator.
6. Notifies the Detective Division (DD) if:
a. the case will be assigned to the DD, or
b. the assistance of the DD may aid in the development
of the case.
7. Notifies the appropriate detective squad, as necessary. if the
suspect is a juvenile. [See Definition] [Go to Section G]
1. Notifies the Desk Officer or a Supervisor whenever an attorney contacts the police, by telephone or in person, and claims to represent a suspect who is in custody.
Note: No distinction is made between attorneys retained by the suspect personally or those procured by others
6. Prior to the juvenile and parent/guardian (if present) entering the JAB room, ensures that the BWC that will be used to video record the interrogation is:
a. all efforts taken to notify the suspect’s parent(s) or guardian(s), and
b. notes if the attempts were successful.
a. mounted on the BWC magnetic plate on the wall,
b. angled in a way so that the member recording the
video is identifiable in the recording, c. turned on and has audio,
d. date and time stamped.
7. Video records the entire interrogation including:
a. as much of the room and occupants as possible while still maintaining a frontal high angle view of the interrogated juvenile,
b.
c. d.
e.
OPS 8310 2
all discussions, including any pre-interrogation discussions,
written statements obtained from the subject, if taken, the identification of all persons, including if used, the interpreter’s name, if used,
Miranda warnings must be video recorded and read to the juvenile and parent/guardian if present, prior to the interrogation.
Note:
the issuance of Miranda Warnings.
12. Upon completion of the interrogation, turns off the BWC only after the juvenile and parent(s) have left the JAB room.
13. Records in the case report that the juvenile custodial interrogation has been video recorded.
Note: The BWC and video recording must be preserved even if an irregularity occurs and should be documented in writing.
provided with food, drink, access to toilet facilities, etc.
14. Uploads the video recording without delay, to the: a. server utilizing the multi-dock, and
Primary Investigator
15. Categorizes the video recording as “Juvenile Interview,” including the case number on the GETAC web portal.
po
76
Determines if the suspect, absent the presence of counsel, is able to effectively waive his/her Miranda rights and be interrogated
Note:
9. If the suspect is not able to effectively waive his/her Miranda rights, questions the suspect on routine processing items only.
10. Video records the interrogation, including the administering of Miranda warnings for any of the following offenses:
A suspect is not able to effectively waive his/her Miranda rights, absent the presence of counsel, once right to counsel has indelibly attached. The right to counsel indelibly attaches in regard to:
1. any charge, when the suspect makes an unequivocal request for any attorney,
2. any charge, related or unrelated to the one for which the suspect is presently in custody, once an attorney has entered the proceedings,
3. a particular charge, if significant judicial activity [See Definition] has occurred for that charge.
a. an A-1 felony (other than a “controlled substance” felony as defined in NYS Penal Law Article 220),
b. felony offenses defined in NYS Penal Law
§130.95 and NYS Penal Law §130.96,
c. a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law article
125 (Homicide and Related Offenses),
d. a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law article
130 (Sex Offenses).
Note: CPL §60.45 requires that the entire custodial interrogation at a detention facility of persons accused of certain serious crimes be video recorded.
11. If the suspect is able to effectively waive his/her Miranda rights, reads the Miranda warnings to the suspect exactly as written on PDCN Form 233, Notification of Rights.
12. Presents PDCN Form 233 to the suspect to read.
Initiates the Obtaining and Using Interpreters procedure [See OPS 3132], if the suspect indicates he/she does not understand English.
Asks if the suspect understands his/her Miranda rights.
If the suspect does not understand his/her Miranda rights, explains and re-reads the Miranda warnings from PDCN Form 233.
If the suspect states that he/she does not understand his/her Miranda rights,
a. refrains from interrogating, and
b. terminates videotaping, if applicable.
If the suspect states that he/she understands his/her rights and wishes to remain silent, [Go to Section D].
If the suspect states that he/she understands his/her rights and wishes to speak to an attorney, [Go to Section E].
If the suspects states that he/she understands his/her rights and wishes to waive them, directs the suspect sign next to the acknowledgement and waiver section of PDCN Form 233.
Primary Investigator
13.
14. 15.
16.
17. 18. 19.
Primary Investigator
If a suspect in custody invokes his/her right to remain silent: a. refrains from any further interrogation, and
D.
25.Continues any additional processing. Invoking the Right to Remain Silent
1.
2. 3.
Note: A suspect’s silence cannot be regarded as a waiver of rights. The suspect must waive his/her Miranda rights knowingly, intelligently, and explicitly.
20. Signs and dates PDCN Form 233 after the suspect has signed.
21. Ifsuspectwaiveshis/herMirandarightsbutrefusestosign the form, writes “refused” and signs and dates PDCN Form 233.
22. Notes the case number or other identifying references on PDCN Form 233.
23. Interrogates the subject.
24. If, at any time during the interrogation:
a. the suspect invokes his/her right to remain silent, [Go to Section D],
b. the suspect makes an unequivocal request for an attorney, [Go to Section E],
c. the suspect’s attorney notifies the police that he/she is representing the suspect, [Go to Section F].
b. terminates video recording, if applicable.
Continues routine processing.
Resumes video recording, if applicable, and the interrogation, if:
a. the suspect, without any coercion, changes his/her mind about wishing to remain silent, and
b. Miranda warnings are re-administered prior to resuming the interrogation.
Terminates any further interrogation if a suspect in custody makes an unequivocal request for an attorney.
Note: Once the suspect requests an attorney, the suspect cannot change his/her mind and waive his/her rights, except in the presence of an attorney.
2. Continues routine processing. Attorney Representation of a Suspect
5. Verifies the identity of the attorney.
6. Allows the suspect’s attorney to speak to the suspect.
Note: Once an attorney has entered the case on behalf of the suspect, any further interrogation of the suspect on that case must be conducted with the attorney present.
7. 8. 9.
Asks the suspect, in the attorney’s presence if he/she wishes to waive his/her Miranda rights.
If the suspect does not wish to waive his/her rights, completes routine processing.
If the suspect does wish to waive his/her rights and answer questions,
a. in the presence of their attorney administers Miranda warnings [See Section C], and
b. interrogates the subject.
10.Video records the interrogation, if the interrogation concerns:
a. a juvenile [Go to Section G], or
b. any of the following offenses:
(1) an A-1 felony (other than a “controlled substance” felony as defined in NYS Penal Law Article 220),
(2) felony offenses defined in NYS Penal Law §130.95 and NYS Penal Law §130.96,
(3) a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law article 125 (Homicide and Related Offenses),
(4) a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law Article 130 (Sex Offenses).
In cases where the interrogation must be recorded pursuant to CPL 60.45(3), the entire custodial interrogation, including all conversations which occur inside the recording room, any pre-interrogation discussions, and the administration of the Miranda warnings must be recorded.
Records the following information in the case notes:
a. the name, address, and telephone number of the attorney,
b. the time of the contact and/or the arrival and departure
times of the attorney,
c. whether the representation was accepted or declined by
the suspect,
d. whethertheinterrogationwasvideorecorded.
G. Juvenile Custodial Interrogation
Note: It is required that the interrogation of juveniles be
video recorded. FCA §§305.2 & 344.2
Note: The juvenile custodial interrogation room must be in a court-approved room such as the JAB room in a precinct or SVS interrogation room.
1. Immediately notifies the juvenile suspect’s parent(s) or guardian(s) that the juvenile is in custody and the juvenile’s location.
Note: Makes every reasonable effort to complete this notification prior to initiating any interrogation.
2. Documents in the case report and on PDCN Form 262, Detective Division Supplementary Report:
a. all efforts taken to notify the suspect’s parent(s) or guardian(s), and
b. notes if the attempts were successful.
If the juvenile’s parent or guardian is not present but gives permission for the juvenile to be questioned, notes the date and time of the approval in the case report.
Miranda warnings must be video recorded and read to the juvenile and parent/guardian if present, prior to the interrogation.
Note:
the issuance of Miranda Warnings.
8. Administers Miranda warnings to the juvenile and the juvenile’s parent or guardian, if present, in the same manner as for adults. [See Section C]
9. Prior to any interrogation,
a. obtains a waiver from the juvenile suspect and the juvenile’s parents/guardians, if present,
b. directs the juvenile and the juvenile’s parents/guardians, if present, to sign next to the acknowledgement and waiver section of the PDCN Form 233.
10. Terminates the video recording and refrains from further interrogation if the juvenile, or the juvenile’s parent/guardian(s) refuses to waive the juvenile’s Miranda rights.
11. States on the video recording:
a. the use of any auxiliary aids used during the
interrogation, and
b. where possible, when a juvenile has previously been
Member of the Force
12. Upon completion of the interrogation, turns off the BWC only after the juvenile and parent(s) have left the JAB room.
13. Records in the case report that the juvenile custodial interrogation has been video recorded.
Note: The BWC and video recording must be preserved even if an irregularity occurs and should be documented in writing.
provided with food, drink, access to toilet facilities, etc.
16. Prepares case paperwork for electronic submission to either the District Attorney’s or County Attorney’s Office as appropriate and notes:
b. NICE Investigate case file.
a. an electronic recording was made, or was not made of a custodial interrogation, and
b. substance of all oral admissions from all involved parties regardless of whether there was a subsequent recorded and/or written statement.
17. Emails bwcdiscovery@pdcn.org advising of the video recording’s:
video recording,
c. case report number, and
a. date and time of the interrogation,
b. member’s serial number whose BWC was used for the
d. detective’s name and serial number assigned to the case.
Note: Failuretonotifytheprosecutoroftherecordedinterview could prevent the use of the electronic recording in court.
18. Transmits the packet electronically, including a link to the video recording of the custodial juvenile interrogation.
19. Continues any additional processing.
detective
77
2. Attempts to locate the suspect.
3. Notifies the primary investigator, without unreasonable delay, of the attorney’s contact or presence.
4. Notifies the suspect that the attorney contacted the Department and inquires as to whether the attorney represents him/her.
Note: The interrogation of a suspect must be terminated unless the suspect unequivocally rejects the representation of the attorney or otherwise makes it clear that he/she does not want to extend his/her relationship with the attorney to include the matter in question.
4. Upon the parent’s or guardian’s arrival, confirms the parent’s/guardian’s approval and ensures the date and time of the approval have been noted in the case report, as necessary.
5. Ensures a body worn camera (BWC) is available to video record the interrogation.
supervisor/ do
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問題一覧
1
death and physical injury notifications
ops1122
2
aided cases
ops1110
3
person is capable of making decisions, no alcohol, drugs, mental impairment
mentally competent
4
automated external defibrillator AED
ops1119
5
intoxicated persons
ops1150
6
mental aided persons
ops1155
7
implied pronouncement of death
ops1121
8
fatal aided investigation
ops8201
9
case reports
ops8110
10
exposure to blood or potential infectious materials
ops7120
11
more 250lbs, altered mental status, refuses, heart issue, head need to be elevated
no helicopter
12
Burn victim, prisoner, mentally disabled person
numc
13
physician at scene, assume care, goes in ambulance, communicates with med control
other than nearest hospital
14
low priority, less than 10 minutes more time, specialty care
other than nearest hospital
15
1. Receives a request for preparation of an auto accident report after the involved parties have left the scene.
2. Determines if MV-104A is required.
Note:
Note:
MV-104A is required for past occurrence auto accidents, if the auto accident involves an injury or meets the standards for preparation of MV-104S [See Definition], and
1. the accident occurred within the past 5 days, or
2. both of the following conditions are met:
a. the involved party has a valid reason for not reporting the auto accident sooner, and
b. a police investigation is needed in connection with the auto accident.
VTL §603 requires a Police Officer to investigate and report to the Commissioner of Motor Vehicles any auto accident reported to the police within 5 days that results in an injury or meets the standards for preparation of MV- 104S.
3. If MV-104A is required, conducts an auto accident investigation, and
a. contacts the following:
(1) any other drivers involved in the auto accident, (2) any witnesses to the auto accident,
b. visits the auto accident scene, if necessary,
c. notes the following in the Accident Description/Officer’s
Notes section of the auto accident report:
(1) the investigation was conducted and the report taken
after the involved parties had left the scene,
(2) when unable to contact the other drivers involved in
the auto accident.
4. If MV-104A is not required, gives the involved parties an MV- 104, New York State Report of Motor Vehicle Accident, if available, and advises them of the following:
a. MV-104 can be obtained from one of the following: (1) DMV, including the web site,
(2) insurance agent or company,
(3) police stationhouse,
b. follow the instructions on the rear of the form,
c. notify any other motorist involved in the auto accident that
they are filing an auto accident report.
Past Occurrence Auto Accident
16
will be prepared for auto accidents that involve: 1. one of the following motor vehicles:
a. truck, tractor, truck-trailer, or tractor-trailer having at least 6 tires in contact with the road surface,
b. bus that seats 16 or more persons, including the driver,
c. any motor vehicle displaying a hazardous material placard,
and
2. one of the following results: a. a fatality,
b. an injury requiring transportation from the scene of the accident for immediate medical attention, not necessarily by the Emergency Medical Service,
c. a vehicle will be towed from the scene due to accident damage other than a flat tire,
d. a vehicle requiring intervening assistance by emergency equipment, other than changing a flat tire, before proceeding under its own power.
Note: This does not apply to a passenger vehicle pulling a trailer.
VTL §603. (Auto accidents the police are required to report)
mv104s
17
Police Accident Report, will be prepared for the intentional use of a motor vehicle to cause property damage, injury, or death. An intentional event will be explained in the Accident Description/Officer’s Notes section of MV-104A.
mv104a
18
(1) extrications,
(2) light truck,
(3) HAZMAT, [See OPS 12113]
(a) for an auto accident involving a Hazardous material incident,
(b) for an alternative-fueled vehicle that is leaking fuel or is on fire.
Note:
Note:
These situations pose a health hazard and should only be approached with protective gear.
Methanol and ethanol may burn bright blue and the flames may be almost invisible on a clear day.
esu
19
response is needed in the following situations:
1. any aided person has died or is likely to die as a result of the auto accident, or
2. the auto accident involves a serious physical injury
[See Glossary] and one of the following: a. alcohol involvement,
b. drug involvement,
c. criminal charges.
detective
20
Requests———- Safety Unit for
auto accidents involving the following:
a. school buses,
b. trucks over 10,000 pounds involving either,
(1) a serious physical injury or death, or
(2) the auto accident is attributable to the condition of the
truck or the driver.
Highway Patrol Bureau Motor Carrier
21
is required for past occurrence auto accidents, if the auto accident involves an injury or meets the standards for preparation of MV-104S [See Definition], and
1. the accident occurred within the past 5 days, or
2. both of the following conditions are met:
a. the involved party has a valid reason for not reporting the auto accident sooner, and
b. a police investigation is needed in connection with the auto accident.
VTL §603 requires a Police Officer to investigate and report to the Commissioner of Motor Vehicles any auto accident reported to the police within 5 days that results in an injury or meets the standards for preparation of MV- 104S.
mv104a
22
If ————-, gives the involved parties an MV- 104, New York State Report of Motor Vehicle Accident, if available, and advises them of the following:
a. MV-104 can be obtained from one of the following: (1) DMV, including the web site,
(2) insurance agent or company,
(3) police stationhouse,
b. follow the instructions on the rear of the form,
c. notify any other motorist involved in the auto accident that
they are filing an auto accident report.
MV-104A is not required
23
Prepares NYS ——, Police Agency Request For Driver Review, if any driver appears to have a physical or mental impairment which prevents the motorist from exercising reasonable and ordinary care in the safe operation of a motor vehicle. [See OPS 13031]
ds5
24
Prepares a ————-[See OPS 8110] and enters the case report number on MV-104A if the auto accident involves one of the following situations:
a. an arrest is made, or
b. a follow-up investigation is necessary.
case report
25
Prepares and forwards PDCN Form ——, Report of Roadway Hazard to the Precinct Clerk for a damaged sign or any other roadway hazard that is not immediately repaired at scene.
67
26
Prepares an ——— Report for MV-104A [Refer to DMV Police Accident Report Manual] in the following situations if the original report has been reviewed by the Desk Officer:
a. a person injured in the auto accident dies,
b. the driver of a vehicle that left the scene of an auto
accident is identified,
c. when errors relating to the facts of the auto accident are
discovered.
Note: If the auto accident has been assigned to the Detective Division because of an arrest or for a follow-up investigation the Amended Report will be prepared by the investigating detective.
Amended
27
18. Reviews MV-104A or MV-104A Amended Report, and
a. returns the report to the reporting officer for corrections, or
b. initials and forwards the report to the Accident Clerk.
Note: Initialed cross-outs are permitted on an MV-104A as long as the report is legible and clear. [See ART 11, Rule 1, sub2]
19. Directs the Accident Clerk to notify the people involved in an auto accident when an Amended Report is prepared concerning the circumstances of the auto accident or the people involved.
Note: The notification is not necessary for minor corrections that do not affect the circumstances of the auto accident.
do
28
1. Determines if an ————— can be issued in lieu of arrest.
2. Performs computer checks on the subject and any vehicle or property involved as necessary.
3. Determines if the subject meets the following criteria:
a. is properly identified,
b. is a Nassau County resident,
c. has no active warrants of arrest for a misdemeanor or
felony,
d. does not appear to be under the influence of alcohol,
narcotics, or other drugs to the degree that he may
endanger himself or other persons,
e. will not pose a danger to himself or others if released,
f. has not violated the terms of an order of protection,
g. the only penal law offense he is being charged with is one
of the following:
(1) §270.00 sub 2(b)(i), Unlawfully dealing with
fireworks,
(2) §240.20,Disorderlyconduct,(NONDOMESTIC)
(3) §260.21 sub 3, Unlawfully dealing with a child 2nd
degree,
Note: Appearance tickets will not be issued for Family Court offenses.
(1) resultsfromcomputerchecks,
(2) indicationsfromthesubject.
appearance ticket
29
4. Determines if he will authorize release on an appearance ticket.
If release is not authorized, directs the police officer to arrest the subject [See OPS 2115].
If release is authorized, directs the police officer to prepare an appearance ticket.
do
30
Ensures computer checks have been performed on the arrestee.
2. Reviews the results of the computer checks to determine if the
subject is likely to appear in court.
3. Reviews the offense.
4. Ensures fingerprints are taken when appropriate. [See OPS 2220]
5. If the offense is PL §221.05, Unlawful possession of marihuana, and there are no other offenses charged, [Go to step B.9].
6. If the only offense is a Family Court Warrant of arrest, [Go to step B. 9].
7. Contacts Court Liaison, during the following times, to determine if court is in session:
a. Monday through Friday, mid afternoon or later,
b. weekends and holidays, mid morning.
8. If court is in session, directs the police officers to continue with arrest processing [See OPS 2115] and transport [See OPS 2230] of the arrestee to court. [End of Procedure]
9. If court is not in session, directs the police officers to continue with arrest processing [See OPS 2115] and considers issuing an appearance ticket, if the subject meets the following criteria:
a. is properly identified,
b. has no active warrants other than a Family Court Warrant
for his arrest,
c. does not appear to be under the influence of alcohol,
narcotics, or other drugs to the degree that he may
endanger himself or other persons.,
d. will not pose a danger to himself or others if released,
e. has not violated the terms of an order of protection,
f. is not being charged with any of the following penal law
offenses:
(1) A,B,C,orDfelony,
(2) thefollowingEfelonies:
(a) §130.25 Rape 3rd degree,
(b) §130.40 Criminal sexual act 3rd degree,
(c) §205.10 Escape 2nd degree,
(d) §205.17 Absconding from temporary release 1st
degree,
(e) §205.19 Absconding from a community treatment
facility,
(f) §215.56 Bail jumping in the 2nd degree
will likely appear in court based on the following: (1) resultsfromcomputerchecks,
(2) indicationsfromthesubject.
Appearance tickets will not be issued for Family Court offenses.
10. If an appearance ticket will not be issued, directs the police officers to transport the arrestee to detention. [End of Procedure]
11. If an appearance ticket will be issue, determines if pre- arraignment bail will be set.
Note: Bail is required if:
a. the arrestee is not a Nassau County resident,
b. the arrestee is not properly identified,
c. there is a belief the arrestee will not likely appear in court.
12. If bail will be set, determines the amount of bail to be accepted. [Refer to CPL 150.30]
Note: Desk Officers may exercise discretion when fixing pre- arraignment bail in connection with any case.
13. If bail will be posted by the arrestee or his bailor, initiates the Pre-Arraignment Bail Procedure. [See OPS 2140]
14. If pre-arraignment bail will not be posted by the arrestee or his bailor, directs the arresting officer to transport the arrestee to detention. [End of Procedure]
do
31
Prepares PDCN Form 8A, ensuring the (to wit:) section is
completed.
2. Checks the court information box on PDCN Form 8A, if it is being issued for the following offenses:
a. dog creating a nuisance,
b. consumption of an alcoholic beverage in a public place,
c. unlicensed peddler,
d. trespass on posted public property without consent,
e. noise ordinance,
f. obstructing a sidewalk,
g. unlicensed tow truck (owner),
h. no tow car drivers license,
i. soliciting tow work,
j. in park after hours,
k. in park after dark,
l. alcohol beverage in park,
m. littering,
n. PL §270.00 sub 2(b)(I), Unlawfully dealing with
fireworks,
o. PL §240.20, Disorderly conduct (non family offense),
p. PL §260. 21 sub 3, Unlawfully dealing with a child 2nd degree.
Prepares the following forms for all other offenses:
a. PDCN Form 85A, Crime Report,
b. PDCN Form 85, Court Information.
Makes PDCN Form 8A returnable to the following courts:
a. First District Court [See Appendix M] for violations of the Penal Law, Nassau County laws and ordinances, ABC Law or, misdemeanor Vehicle and Traffic Law offenses,
b. the appropriate district or village court [See Appendix M] for violations of town and village ordinances.
Refers to the scheduled court return dates, and selects a return date with a lead time of 3 weeks to a month.
Note: For appearance tickets issued for criminal proceedings involving domestic incidents the return date will be the following day.
6. Obtains the subject’s signature on PDCN Form 8A.
7. Issues PDCN Form 8A and serves a copy to the subject.
8. Releases the subject.
9. Enters the information from PDCN Form 8A into Swift Justice.
10. Forwards a copy of PDCN Form 8A to the summons clerk for filing.
11. Attaches PDCN Form 8A to the arrest paperwork, if it was issued after arrest.
12. Updates the status of the arrestee in the Swift Justice detention screen.
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Effects an ———[See Attachment A] when either of the following exists:
a. there is a warrant for the subject, or
b. reasonable cause to believe [See Glossary] any of the
following:
(1) a crime was committed,
(2) a petty offense was committed in the Police Officer’s
presence,
(3) the terms of an order of protection have been violated
[See OPS 5150].
2. Notifies the subject of the authority, purpose, and reason for the
arrest
33
includes the following:
1. name, address, telephone number, date of birth,
2. driver’s license, social security, or taxpayer identification number,
3. place of employment,
4. mother’s maiden name,
5. number or code from the following:
a. financial services account, b. savings account,
c. checking account,
d. brokerage account,
e. credit card account,
f. debit card account,
g. automated teller machine, h. mobile identification,
6. computer system password,
7. signature, copy of signature, or electronic signature,
8. unique biometric data that includes the following:
a. fingerprint,
b. voice print,
c. retinal or iris image,
9. telephone calling card number,
10. electronic serial number or personal identification number,
11. any other name, number, code, or information that may be used
alone or in conjunction with other such information to assume the identity of another person.
Personal identifying information
34
: occurs when an individual knowingly possesses certain personal identification information of another person and knows that this information is intended to be used for certain criminal purposes.
Unlawful possession of personal identification information
35
A. Initial Response and Investigation
1. Receives a report of identity theft or unlawful possession of personal identification information.
2. Conducts a preliminary investigation and determines the place of occurrence.
Note:
The Criminal Procedure Law §20.40(4) provides that an offense of identity theft or unlawful possession of personal identification information may be prosecuted in the following locations:
1. in any county in which part of the offense took place regardless of whether the defendant was actually present in such county, or
2. in the county in which the person who suffers financial loss resided at the time of the commission of the offense, or
3. in the county where the person, whose personal identification information was used in the commission of the offense, resided at the time of the commission of the offense.
3. Prepares a case report [See OPS 8110].
4. Ensures that the MO code of “IDTHEFT” is noted.
5. Refers the complainant to the following:
a. Federal Agencies [See Appendix G]:
(1) FederalTradeCommission,
(2) SocialSecurityAdministration,
(3) US Postal Inspection Service,
b. Private Agencies [See Appendix N]:
(1) EquifaxInformationServices,LLC,
(2) Experian National Consumer Assistance Center,
(3) TransUnionFraudVictimAssistanceDepartment.
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6. Reviews and classifies the case report and assigns the case report to the Detective Division.
7. Transmits (FYI) the case report to the Crimes Against Property Squad (CAPS).
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8. Ensures the case report is appropriately classified and conducts an investigation.
9. If there are any crimes which fall outside this Department’s jurisdiction, contacts the appropriate law enforcement agency to provide information.
10. Contacts CAPS for assistance with cases that are complex, extensive, or appear to be part of a pattern.
11. Provides the complainant with crime prevention and referral information. [See Step A.5]
Specialized Response
1. Monitors all cases of identity theft and unlawful possession of personal identification information on a regular basis and provides specialized investigative response when necessary.
2. Maintains crime prevention resource and referral information for dissemination to other Members of the Department and the public regarding identity theft.
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: an individual who has no pulse, is not breathing, and for whom one of the following circumstances exist:
1. pronouncement of death [See Glossary] by a licensed physician,
2. presentment of a valid non-hospital Do Not Resuscitate (DNR) Order [See Glossary],
3. cardiopulmonary resuscitation (CPR) is contraindicated and therefore will not be performed.
Note: CPR is contraindicated, and therefore not performed, in cases of obvious death involving one or more of the following:
1. obvious mortal injuries, such as decapitation,
2. rigor mortis,
3. tissue decomposition,
4. extreme dependent lividity, when there are very
extensive areas of reddish-purple discoloration of the skin in dependent areas. (those areas on which the body has been resting)
Fatal aided
39
A. Initial Response and Investigation
1. Determines if an individual is a fatal aided.
Note: If an aided person is moved for medical reasons and determined to be a fatal aided, the investigating detective needs to be advised the body was moved.
2. If the individual is not a fatal aided, initiates the Aided Cases Procedure. [See OPS 1110] [End of Procedure]
3. If an individual is a fatal aided, evaluates the scene and reviews the circumstances surrounding the death.
4. Makes observations relative to the fatal aided, especially the following:
a. location,
b. position,
c. appearance.
5. Initiates the necessary procedures, such as the following:
a. Crime Scene Duties [See OPS 8115],
b. Critical Incident Management [See OPS 12110].
6. Determines if there are suspicious or unusual circumstances. 7. If there are suspicious or unusual circumstances,
a. requests a Supervisor respond to the scene,
b. notifies the Desk Officer immediately.
10. If there are no suspicious or unusual circumstances,
a. notifies the Desk Officer with details,
b. continues the preliminary investigation as directed by the
Desk Officer.
12. Ascertains information relative to the fatal aided, especially the following:
Patrol Supervisor
Desk Officer Police Officer
Desk Officer Police Officer
a. b. c. d.
13. If a.
b.
Note:
identity of the fatal aided,
recent medical history,
the date of his last visit with a medical doctor,
the identity of any persons present at the scene or who witnessed the death.
it is necessary to move or search the body,
obtains authorization from the Medical Examiner's Office before moving or searching [See Appendix I],
advises the investigating detective that the body was moved or searched.
Pursuant to Nassau County Charter §906, the authorization of the Medical Examiner is needed to move or search the body.
If it is not necessary to move or search the body, ensures that he body is not disturbed.
15. Records, on PDCN Form 32F, Homicide Preliminary Investigation Report, information relative to the fatal aided. [See Section E]
16. If a person present identifies the fatal aided, ensures that person is identified and signs PDCN Form 32F.
17. Determines if a pronouncement of death or an implied pronouncement of death [See Glossary] has been made.
18. If a pronouncement or implied pronouncement has been made, records information, on PDCN Form 32F, relative to the pronouncement, including:
a. time of the pronouncement,
b. name, title, phone number, and organization of the person
who made the pronouncement,
c. the affiliation of the person, who made the
pronouncement, to the fatal aided, for example, family physician.
19. If a pronouncement has not been made, initiates the Implied Pronouncement of Death Procedure. [See OPS 1121]
20. If the fatal aided had recently been seen by a medical doctor, ascertains if the doctor will sign the death certificate.
Note: This step is important to the Medical Examiner's investigation and will be information sought when his office contacts the police officer at scene.
Note: The Medical Examiner makes the final determination as to the cause of death.
21. If the attending doctor is a family member, notifies the Desk Officer for immediate detective response.
Note: A family member signing a death certificate should be considered an unusual circumstance requiring detective response.
22. Notifies the Desk Officer when a pronouncement or implied pronouncement has been performed.
B. Jurisdictional Responsibility for Investigations
1. Determines the locations of both of the following:
a. the cause of death,
b. the place of death.
Note: For example, if a person suffered an illness while at home, drove himself to the hospital, and subsequently died at the hospital from that illness, the location of the cause of death is the home address and place of death is the hospital address.
2. Advises the Desk Officer of the locations.
Removal of the Fatal Aided
1. Receives contact from an FMI at the Medical Examiner's Office.
Note: The FMI may choose to respond to the scene to view the body or scene. If he decides, after a telephone contact, that it will be a Medical Examiner's case, he will usually respond to the scene.
2. Follows the directions of the FMI in the removal of the body.
Note: The FMI will inform the Member of the Department at scene if a fatal aided case will be a Medical Examiner's case or if the body will be released.
3. If the FMI directs that the body be transported to the morgue,
[Go to step D.9].
4. If the FMI advises that the body is released by the Medical Examiner's Office, advises the family so that they may contact a funeral home.
Note: The body is released only by authority of the Medical Examiner. This will occur only if there is a family physician who has agreed to sign the death certificate and the scene does not warrant any further review.
5. Determines if continued police presence is needed at the scene after the body has been released by the Medical Examiner's Office.
Note: Factors affecting the need for police presence include the emotional and physical condition of the family present, and the response time of the funeral home.
6. Notifies the Desk Officer of the following:
a. the body has been released by the Medical Examiner's Office,
b. the decision relative to continued police presence.
7. If continued police presence is needed,
a. remains at scene, and
b. releases the body to a representative of the funeral home
selected by the family. [Go to section E]
8. If continued police presence is not needed and the family has
contacted a funeral home, [Go to section E].
9. Notifies a family member that the body is to be transported to the morgue, and directs a family member to contact the FMI at the Medical Examiner's Office. [See Appendix I]
10. Determines if the FMI contacted the Emergency Ambulance Bureau (EAB) Medical Control and requested the Morgue Van.
11. If the FMI has not requested the morgue van, notifies EAB Medical Control and requests the Morgue Van respond to the scene and transport the body to the morgue.
12. Advises EAB Medical Control if there are particular needs at scene, such as quick response, so that priorities can be relayed to the Morgue Van Operator.
15. If crime scene photographs will not been taken by CSSS and the body is being transported to the morgue,
a. requests the Polaroid camera, from the Morgue Van
Operator,
b. takes photographs of the following:
(1) thefatalaided,
(2) the immediate scene, to create a clear understanding
of the circumstances in which the fatal aided was
discovered,
(3) anything else that may be relevant,
c. initials and dates the photographs,
d. gives the photographs to the Morgue Van Operator for
removal with the body.
20. Witnesses the sealing of evidence and signs the bag.
2. Completes Parts A, B, and C of PDCN Form 32F for all fatal aideds.
Note: An original and one copy of PDCN Form 32F will be needed, so carbon paper should be used.
3. Completes Part D of PDCN Form 32F if notification to the family is made.
4. Completes Parts E and F of PDCN Form 32F if no detective is responding to scene.
5. Ensures that a copy of both PDCN Form 32F and DOH Form 3283 are transported to the Medical Examiner's Office with the body.
6. Prepares the case report [See OPS 8110], including the following details:
a. time of pronouncement,
b. who pronounced,
c. location where body was removed to,
d. who authorized removal.
7. Forwards the following to the Precinct Detective Squad:
a. original PDCN Form 32F,
b. research copy of DOH Form 3283.
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8. Responds to the scene when requested or deemed necessary, and
a. gathers the facts of the incident,
b. coordinates the scene,
c. notifies the Desk Officer with details.
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9. If there are suspicious or unusual circumstances, notifies the Precinct Detective Squad for immediate response. [See Section C]
11. If there are no suspicious or unusual circumstances, notifies
the Precinct Detective Squad for investigation. [See Section C]
3. If the cause of death occurred inside of Nassau County, refers the investigation to the Precinct Detective Squad responsible for that location. [Go to step B.6]
Note: When the location is policed by a local police department, the follow-up investigation is referred to the Precinct Detective Squad responsible for investigations in that locality.
4. If the cause of death occurred outside of Nassau County, determines the place of death.
Note: If a body is found inside of Nassau County, it is presumed that the place of death is the location of the body.
5. Refers the investigation to the Precinct Detective Squad responsible for the place of death.
6. If an intervening event or circumstance is responsible for cause of death, refers investigation to the Precinct Detective Squad responsible for the location of the intervening event.
Note:
Note:
An example would be if an aided person were brought to a hospital and an event in the hospital caused the death, the location, for purposes of determining investigative responsibility, would be the hospital.
The length of stay in a hospital is not an intervening event and therefore would not be used in determining investigative responsibility.
7. Advises the Police Officer at scene to include in reports the precinct of jurisdiction.
C. Detective Response
Note: All fatal aided investigations are referred to the Detective Division for investigation. The Desk Officer must determine if immediate detective response is necessary during alternate response hours.
1. Determines availability of Precinct Detectives. 2. If a Detective is available,
a. notifies him of details and directs his response,
b. advises him that the Medical Examiner's Office needs to
be contacted, and c. provides him with the name of the Police Officer and telephone number at scene.
3. If a Detective is not available, determines if detective response is necessary.
Note: Note:
Suspicious or unusual circumstances warrant immediate detective response.
The Alternate Response of Detective Personnel Procedure [See OPS 8330] describes the scenes requiring immediate detective response, and includes:
1. all fatal aideds, except:
a. natural deaths resulting from an extended serious
illness where there is a pronouncement and the attending medical doctor will sign the death certificate,
b. natural deaths in a hospital,
2. all motor vehicle accidents involving death and one or more of the following contributing factors:
a. alcohol involvement,
b. drug involvement,
c. criminal charges.
4. If detective response is necessary, initiates the Alternate
Response of Detective Personnel Procedure. [See OPS 8330]
5. If detective response is not necessary, advises the Police Officer/Supervisor at scene to continue the preliminary investigation.
6. If detective response is delayed, or a detective is not responding,
a. contacts the Forensic Medical Investigator (FMI) [See Glossary] at the Medical Examiner's Office [See Appendix I] with details,
b. provides the name of the Police Officer and telephone number at scene,
c. notifies Crime Scene Search Section (CSSS) to respond, when needed,
d. advises the FMI if detectives or CSSS are responding,
e. advises the Police Officer/Supervisor at scene and the FMI
if a Detective will be responding.
8. Reviews the case report [See OPS 8110], and assigns it to the Precinct Detective Squad.
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7. Contacts the Police Officer at scene for details.
8. Requests CSSS respond to the scene when needed.
9. Contacts the Medical Examiner's Office [See Appendix I], and
a. provides the FMI with details,
b. advises the FMI if CSSS is responding,
c. advises the FMI if crime scene processing is necessary
prior to FMI response.
10. Responds to the scene.
11. Investigates the circumstances of the fatal aided.
12. Determines if there are suspicious circumstances.
13. If there are suspicious circumstances, notifies the Homicide
Squad to respond for assistance.
14. If there are no suspicious circumstances, continues the investigation.
22. Prepares PDCN Form 313, and tags the body before removal to the morgue.
9. Completes Parts E, and F of PDCN Form 32F, if not prepared by the Police Officer.
10. Completes Part G of PDCN Form 32F.
11. Completes a follow-up investigation, including contacting the
Medical Examiner for a determination of the cause of death.
detective
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: a notification transmitted to media outlets, law enforcement, and public agencies to provide for the rapid and widespread public dissemination of vital information, aiding in the search and safe return of a missing person. Alerts are activated as needed and in compliance with specific guidelines for the type of alert issued, including:
Alert
44
: Broadcast a cooperative effort between law enforcement agencies and broadcasters that utilizes the Emergency Alert System for rapid and widespread dissemination of information to the public in the event of a child abduction.
AMBER Alert (America’s Missing Emergency Response):
45
: NYS Division of Criminal Justice Services (DCJS) Missing Persons Clearinghouse (MPC) activated alerts requested by the investigating agency when a child (under the age of 21) or college student (any age) is reported missing and deemed to be endangered, but known circumstances do not meet AMBER activation criteria.
Missing Child/College Student Alerts
46
: a NCPD system generated alert activated when it has been determined that the circumstances relating to a missing person indicate that an alert is warranted and it does not meet the criteria for other types of missing person alerts.
Missing Person Alert
47
a NYS DCJS MPC activated alert requested by the investigating agency for missing persons 18 years of age or older who have a cognitive impairment, mental disability, or brain disorder and/or whose disappearance has been determined as posing a credible threat of harm to the individual.
Missing Vulnerable Adult Alert
48
a NCPD system generated alert for senior citizens 65 years of age or older, R.E.A.C.H. registrants, Project Lifesaver clients, and other at-risk individuals, regardless of age, who are missing and suffer from cognitive disorders such as Alzheimer’s disease, dementia, and autism.
Silver Alert
49
: an individual whose whereabouts are unknown and unexplainable for a period of time that is regarded by knowledgeable parties as highly unusual or suspicious in consideration of the person’s behavior patterns, plans, or routines.
Missing Person
50
a missing person who meets the criteria of any of the following categories:
a. is 13 years of age or younger,
b. is a senior citizen 65 years of age or older,
c. is cognitively or physically impaired to the extent
that the missing person needs treatment or cannot
care for himself,
d. the disappearance has been determined to pose a
credible threat of harm to self or others,
e. is in imminent danger,
f. may be the victim of a boating, swimming, or other
sporting accident,
g. is enrolled in the R.E.A.C.H. Registry [See Definition],
h. is enrolled in the Project Lifesaver Program [See
Definition].
High risk missing person
51
: a person under the age of 18, who is missing from his normal place of residence, and whose whereabouts cannot be determined by a person responsible for the child’s care, or who is known to have been taken, enticed, or concealed from the custody of his lawful guardian by a person who has no legal right to do so.
Missing child
52
: any person, regardless of age, who is a student of an institution (college or university) and resides in a facility owned or operated by such institution, and is reported missing from his residence.
Missing college student
53
: a missing person under the age of 18.
Missing juvenile
54
a private, non-profit organization designated by statute to serve as the official national resource center and information clearinghouse for missing and exploited children. NCMEC operates a national, 24-hour toll-free hotline (1-800-THE-LOST) to which individuals may report information regarding the location of any missing child.
National Center for Missing and Exploited Children (NCMEC)
55
a computerized index of criminal justice information (i.e. criminal record history, fugitives, stolen properties, missing persons) under the direction of the FBI's Criminal Justice Information Services (CJIS). NCIC is operational 24 hours a day, 365 days a year, and is available to federal, state, and local law enforcement and other criminal justice agencies.
National Crime Information Center (NCIC)
56
a county-wide search and rescue rapid response locator program for finding a Project Lifesaver missing person. These individuals, who maintain a 24-hour caregiver, suffer from a cognitive disorder and are known to wander and become lost. They are outfitted with a personal transmitter bracelet around the wrist or ankle which emits an individualized tracking signal. When the Department is notified that a Project Lifesaver client is missing, the Project Lifesaver International Database will be accessed and the client’s unique radio frequency and transmitter tracking device numbers will be used by trained emergency personnel to rapidly respond with electronic tracking equipment to the client’s last known location and conduct an immediate search.
Project Lifesaver Program
57
: a Department created and maintained database list of individuals of all ages with cognitive disorders and impairments that potentially limit their ability to communicate and make them more likely to become a missing person. The registry, available on the Department intranet homepage, includes photographs, biographical, and other pertinent information that provides valuable assistance in the location of a missing registrant. Enrollment is voluntary and is limited to persons with a nexus to Nassau County through either residence or caregiver location (i.e. school, day care program, or frequented location).
R.E.A.C.H. (Return Every Adult and Child Home) Registry
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2. Responds to the reporting caller’s location.
3. Interviews the reporting person to gather missing person
information, including:
a. name and age,
b. physical description,
c. clothing description,
d. mental health condition,
e. last known location,
f. possible destinations,
g. mode or method of travel,
h. if electronic devices were possessed by the missing person.
Note: There is no waiting period to report a person missing. Missing person incidents are investigated and reported as soon as they are received.
4. 5.
Contacts the Desk Personnel to determine if the missing person has come into contact with the Police Department as an aided person or as the subject of an investigation.
7. Notifies the Desk Officer if there is evidence of criminal activity.
10. Follows the direction of the Desk Officer, and
a. continues the missing person investigation, or
b. initiates the appropriate procedure [End of Procedure].
11. Determines where the missing person:
a. lives,
b. was last seen,
c. was last known to be.
12. If the missing person is not a Nassau County resident and was last seen or known to be outside of Nassau County,
a. refers the reporting person to the missing person’s resident jurisdiction,
b. prepares a FOA (For Other Authority) case report, and
(1) includes details of the incident,
(2) indicates in the narrative that the reporting person was
referred to the proper authority, and
c. makes notifications as necessary [End of Procedure].
13. If the missing person was last seen or known to be in Nassau County, broadcasts a missing person notification, if necessary.
Note: The need for a broadcast is based on how long the person has been missing and the likelihood that a notification would assist in locating the person.
14. IfthemissingpersonisaNassauCountyresidentandwaslastseenor known to be outside of Nassau County, continues the investigation.
15. If electronic devices were utilized or possessed by the missing person, obtains the following information:
a. the type of electronic device,
b. device provider,
c. account holder’s name and account number,
d. cell phone number, if applicable.
16. Determines if the missing person is a high risk missing person [See Definition].
17. If
a. b. c. d. e.
f.
Note:
the missing person is a high risk missing person,
requests a Patrol Supervisor,
conducts an immediate search,
searches the R.E.A.C.H. Registry,
broadcasts a missing person notification, if not already broadcast, contacts the Desk Officer and discusses the need for a detective response and an alert [See Definition],
initiates the Incident Management Procedure [See OPS 12110].
A search for small children requires a search of all small areas such as the following: under beds, closets, cabinets, refrigerators, freezers, garages, sheds, holes, crawl spaces, parked vehicles, including trunks, and under decks.
18. If the missing person is not a high risk missing person, conducts a search to locate the missing person.
28. Conducts a canvass [See Glossary] of the area and interviews
anyone with knowledge of the incident.
29. Continues searching for the missing person until:
a. the person is located [Go to Section F], or
b. it is determined a search will not locate the missing person, or
c. is advised by a Supervisor to discontinue the search.
30. If not previously acquired, obtains a recent photograph of the missing person and writes the following information on the back of the photograph:
a. name of the missing person,
b. name and address of the reporting person.
31. If a photograph cannot be obtained, provides the following email address where a digital photo can be sent: cdsmissingpersons@pdcn.org
32. Completes a separate PDCN Form 322, Missing/Unidentified Person Report, for each missing person, and a. b.
Note:
ensures that the reporting person has signed the form(s), if the missing person is a Project Lifesaver client:
(1) writes “Project Lifesaver” on top of form,
(2) describes in the case narrative the success or failure
of the tracking equipment as observed or reported by the responding ESU member.
PDCN Form 322 shall be prepared even if the missing person has been found prior to an alarm being generated.
33. Telephones CB Case Offense Section to report the case [See OPS 8110].
35. Writes the case report number on the back of the photograph(s), if obtained.
36. Brings PDCN Form 322 and any photograph(s) to the precinct without delay.
F. Located Missing Person
1. Notifies a Supervisor when a missing person is located.
2. Renders aid [See OPS 1110] if necessary.
3. Establishes a crime scene [See OPS 8115] if necessary.
4. Advises the located missing person that he is the subject of a missing person investigation.
5. Interviews the located missing person regarding the circumstances surrounding his disappearance.
6. Refers any criminal activity to the appropriate Detective Division Squad.
7. If applicable, refers the located missing person and his family for assistance to programs including:
a. Nassau County Coalition Against Domestic Violence
[See Appendix N],
b. for persons suffering from dementia or Alzheimer’s disease:
(1) Alzheimer’sSafeReturnProgram, (2) theR.E.A.C.H.Registry,
(3) the Project Lifesaver Program.
8. If the located person is not a missing juvenile [See Definition], [Go to Step F.17].
9. If the located person is a missing juvenile,
a. personally verifies his return and well being,
b. notifies MPS, if not already notified.
Note: MPS is available 0700 – 0100 hours, Monday thru Friday.
After hours, the Precinct Squad should be notified.
10. Reviews the circumstances of the missing juvenile’s disappearance.
11. If there is reason to believe that any criminal activity occurred or further information on the located missing juvenile is required, notifies the Desk Officer or Patrol Supervisor.
17. Asks the located missing person, who is at least 18 years old, if he wants the reporting person or next of kin notified of his location.
Note: The reporting person, parent, guardian, or next of kin of a located missing person, who is at least 18 years old, will not be notified of the located missing person’s location unless requested to do so by the located missing person.
18. Notifies the reporting person, parent, guardian, or next of kin of the missing person’s:
a. location, when authorized by the missing person, or
b. well-being, if the missing person does not want his
location known.
26. Prepares any additional needed reports, such as the
following:
a. aided report,
b. LDSS Form 2221A, Report of Suspected Child Abuse or
Maltreatment,
c. NYS DCJS MPC form, Post Activation Report, if an alert
was activated for a Missing Child or College Student,
d. an additional case report for any criminal activity
discovered during the investigation.
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20. Responds when requested or deemed necessary, and
a. supervises the search effort,
b. requests the following assistance, if needed:
(1) BureauofSpecialOperations,
(2) CanineUnit,
(3) ESU (flood light truck and light trailer),
(4) AviationUnit,
(5) MountedUnit,
(6) firedepartment.
21. If the missing person is a R.E.A.C.H. registrant or Project Lifesaver client, ensures that all R.E.A.C.H. and Project Lifesaver database information, including possible destinations, are utilized in the search.
12. If the located missing juvenile has been the victim of child abuse, maltreatment, or neglect, initiates the Child Abuse/Neglect and Emergency Removal procedure [See OPS 9025].
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Accesses and reviews Department records to determine if the missing person has come into contact with the Police Department.
Note: Members should determine if the missing person appears on any Record Management System (RMS) aided, accident, or arrest records during the time period the person has been missing.
6. Notifies the investigating Police Officer if the missing person has come into contact with the Police Department.
38. Performs a missing test (MTST) in the eJusticeNY Integrated Justice Portal to ensure that an alarm record does not already exist for the missing person case being reported.
39. If an alarm record does not exist,
a. contacts teletype and receives a missing person alarm number,
b. enters missing person case report information in the eJusticeNY Integrated Justice Portal.
40. If a photograph of the missing person is received, scans the photograph and forwards it to MPS’ email: cdsmissingpersons@pdcn.org
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8. Evaluates the situation and directs the Police Officer to:
a. continue the missing person investigation, or
b. initiate the Preliminary Investigations Procedure [See OPS 8105].
Note: If a missing person investigation reveals evidence of criminal activity, the incident will be handled as a criminal investigation and not as a missing person investigation.
9. If the missing person fits the criteria for an AMBER Alert [See Definition], directs the Police Officer to initiate the AMBER Alert Procedure [See OPS 8215].
22. Notifies any of the following for detective response, as necessary:
a. Missing Persons Section (MPS), if available,
b. precinct squad,
c. Central Detectives Squad (CDS), if there is a need to
trace the missing person’s electronic device.
23. If a.
b.
an alert will be issued,
directs the Police Officer to contact the CB Operations Desk, or
contacts CB directly and provides information needed for the alert, including:
(1) the type of alert to be issued,
(2) missingpersoninformation,including:
(i) name, age, physical description,
(ii) placelastseen,
(iii) emergency contact,
(iv) any medical, cognitive or physical needs
that put the missing person at increased personal risk.
A NCPD system alert should be activated as soon as possible. Additional alerts by NYS DCJS may be activated at any time if additional information warrants a statewide/nationwide alert.
a scanned photograph or digital image of the missing person available,
forwards, via email, to CB Operations Desk, and notifies CB Supervisor via telephone.
37. Receives missing person case report information and provides the information to Desk Personnel.
44. Ensures the alarm number is:
a. generated into the eJusticeNY Integrated Justice Portal,
b. entered into the NCIC number box in the name screen on
the case report.
Note: An alarm number must be entered into the case report’s name screen page in RMS prior to assigning the case to the CDS desktop in RMS.
45. If for any reason information relating to the missing person was previously entered into the eJusticeNY Integrated Justice Portal:
a. attaches a copy of the information to the case report, and
b. notes in the narrative section when the entry was made
and the reason for the entry.
46. Assigns the case report for investigation, as follows:
a. CDS desktop in Swift Justice,
b. MPS mailbox in I-Leads.
Note: All missing person cases are not to be closed out at the precinct level and must be forwarded to the CDS desktop in Swift Justice and to the MPS mailbox in I-Leads.
47. Scans and sends a copy of PDCN Form 322 to MPS,
a. by email, and
b. the original by Department inter-office mail.
Note: PDCN Form 322 shall be forwarded to MPS even if the missing person has been found prior to an alarm being generated.
13. Accesses and reviews Department records to determine if the located missing juvenile is an escapee from the Nassau County Juvenile Detention Facility.
14. If the located missing juvenile is an escapee from the Nassau County Juvenile Detention Facility, directs the Police Officer/Detective to initiate the Arrest Processing Procedure [See OPS 2115].
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A. Initial Report of a Missing Person
1. Receives a call reporting an individual is missing.
2. Obtains the following information on the reported missing
person [See Definition]:
a. name and age,
b. physical description,
c. clothing description,
d. mental health condition,
e. last known location,
f. possible destinations,
g. mode or method of travel,
h. if electronic devices were possessed by the missing person.
RULES REPLACES
PROCEDURE
911 Operator/ Desk Personnel
3. If
person, obtains the following information:
electronic devices were utilized or possessed by the missing
a. the type of electronic device,
b. device provider,
c. account holder’s name and account number,
d. cell phone number, if applicable.
4. If the reported missing person is a Project Lifesaver client, [Go to Section B].
5. If the reported missing person is not a Project Lifesaver client, [Go to Section C].
Project Lifesaver
1. Obtains and enters in the CAD Event Screen the following Project Lifesaver missing person information:
a. Project Lifesaver personal radio frequency, and
b. ID transmitter number.
2. If the radio frequency and transmitter number are not known, obtains information by entering the missing person’s name and date of birth in the Project Lifesaver International Database.
3. Dispatches the following personnel to respond to the reporting caller’s location:
a. Patrol Supervisor,
b. 2 RMP units.
4. Dispatches Emergency Services Unit (ESU) personnel to the missing person’s last known location, and provides the missing person’s radio frequency and ID transmitter number.
Note: If the missing person’s last known location is not in close proximity to the reporting caller’s location, one of the RMP units may be dispatched with ESU to the missing person’s last known location.
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If the missing person is a high risk missing person, notifies a CDS Supervisor,
contacts the CB teletype section for increased radio notifications.
26. Responds as directed by the Desk Officer.
Follow-Up Investigation
1. Scans RMS for new missing person case reports.
2. Reviews all new missing person case reports.
3. Visits the location where the missing person was last seen and interviews people who frequent the area.
4. Interviews people who know the missing person, including:
a. family,
b. friends,
c. co-workers, d. schoolmates, e. teachers.
5. Contacts the Alzheimer’s Safe Return Program [See Appendix G] for missing persons suffering from dementia or Alzheimer’s disease.
6. Contacts hospitals and morgues to identify patients and corpses that match the description of the missing person.
7. Contacts police departments of other jurisdictions where the missing person may be located.
8. Conducts searches of the missing person’s:
a. electronic devices,
b. bank records,
c. social media sites,
d. credit card records.
9. Considers the issuance or re-issuance of an alert.
10. If
an alert is to be activated,
11. If
the alert is a NYS DCJS/NCIC generated alert,
a. determines if the missing person fits the criteria for a particular type of alert,
b. contacts the appropriate alert activation center, and
c. provides all pertinent information.
MPS Detective
a. phones the NYS MPC [See Appendix H],
b. completes the appropriate NYS DCJS/NCIC Missing
Person Form 1508.
12. Notifies Public Information Office for media notification in the following situations:
a. the family of the missing person requests media notification, and/or
b. media notification would increase the chances of locating the missing person.
13. Enters any additional gathered information into RMS. E. Person Missing Over 30 Days
1. Determines a person has been missing for over 30 days.
2. If the reporting person has a fingerprint card for the missing person,
a. obtains the fingerprint card,
b. completes the remainder of the card,
c. sends the card to the NYS DCJS MPC.
Note: The fingerprint card should have a separate box identifying each finger of both hands.
3. Completes the Authorization to Release Dental Records and X- Rays and requests the parent, guardian, or next of kin, if available, to sign the authorization.
4. If there is no parent, guardian, or next of kin available to sign the Authorization to Release Dental Records and X-Rays,
a. executes a written declaration,
b. signs the authorization himself.
Note: The written declaration must state that an active investigation seeking the location of the missing person is being conducted and the dental records are necessary for the exclusive purpose of furthering the investigation.
5. Delivers the authorization and related forms to the missing person’s dentist and advises the dentist to complete the forms and return them to MPS within 10 days.
Note: Executive Law §838.5(a) (i) requires that a dentist provide the requested dental information within 10 days.
6. Forwards the dental information to the NYS DCJS MPC.
15. Determines the location the missing juvenile should be returned to by reviewing all available information.
16. If the located missing juvenile is to be returned to a parent, or other person legally responsible for his care,
a. notifies the parent, or other person legally responsible for his care, of the missing juvenile’s location,
b. arranges to have the missing juvenile returned to the parent, or other person legally responsible for his care.
19. Notifies Desk Personnel to enter a MCAN (Missing Cancel Form) into the eJusticeNY Integrated Justice Portal.
20. Notifies CB to cancel the located missing person’s:
a. radio notifications, and
b. missing person alert, if activated.
27. Updates the case report and changes the status to closed.
28. Advises any assisting agencies that the missing person has been located.
29. If the missing person is a Project Lifesaver client, updates the Project Lifesaver International Database to reflect that the missing person has been found.
30. Contacts the Alzheimer’s Safe Return Program, if the agency was notified.
31. Returns the missing person’s photograph(s) by U.S. mail.
32. Destroys all collected identifying material related to the
missing person, as required by applicable law.
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(America’s Missing: Broadcast Emergency Response) Alert Program: a statewide response program targeting the abduction of children during which life-threatening circumstances are suspected. The program is a cooperative effort between law enforcement agencies and broadcasters that utilizes the Emergency Alert System for rapid and widespread dissemination of information to the public in the event of a child abduction.
AMBER Alert Protocol: the criteria which qualify an abduction case for activation of the AMBER Alert Program are:
1. the victim is a child 17 years of age or younger, and
2. the police must believe the child is in imminent danger of
serious bodily harm or death, either
a. at the hands of another, or
b. due to the victim’s mental or physical disability.
Note: There must be sufficient descriptive information about the victim, the suspect, or the suspect’s vehicle (including registration number and state registered) to believe an immediate broadcast will help.
Confirms: having reasonable cause to believe that a child has been abducted.
Note: While confirmation is usually established through eyewitness accounts, eliminating other possibilities through investigation can also be used to reasonably conclude that a child has been abducted.
AMBER
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1. Responds to a report of an abduction of a child.
2. Conducts a preliminary investigation. [See OPS 8105]
3. Confirms [See Definition] that an abduction has taken place.
4. Transmits a radio notification if an abduction has taken place.
5. Initiates the Incident Management Procedure. [See OPS 12110]
6. Requests a supervisor.
12. Telephones both the Police Communications Shift Supervisor (PCSS) and Precinct Desk Officer and:
a. advises that activation of the AMBER Alert Program is being requested,
b. provides the name of the Patrol Supervisor who approved the request for activation,
c. provides all the information available for completion
of the AMBER Alert Submission Form.
13. Obtains photos of the missing child and/or abductor, if available.
22. If significant updates or corrections need to be broadcast, requests Precinct 32 Room Personnel prepare and forward new or revised AMBER Alert submission form to NYSP COMSEC via email to commop@troopers.ny.gov. Updated broadcasts may be sent based on new information:
a. with the word “update” written on it, and
b. the new information clearly indicated.
23. If a cancellation needs to be broadcast, and it is within eight hours of the original transmission, requests Precinct 32 Room Personnel email the original AMBER Alert Submission Form to NYSP COMSEC (commop@troopers.ny.gov),
a. with the word “cancel” written on it, and
b. indicating that the child is recovered or the case no longer
qualifies.
Note: Cancellations will not be broadcast after eight hours. Notification to the media will be coordinated through PIO. [See OPS 4210]
3. Responds to the scene and investigates.
4. If the report is of a sighting which is founded,
a. takes police action if the victim, the subject, or the subject’s vehicle are still at scene,
b. transmits a radio notification if they are no longer at scene.
5. If the report of a sighting is unfounded or is a report providing
any other related information,
a. identifies and interviews the complainant and any witnesses,
b. conducts a canvass.
6. Determines which jurisdiction activated the AMBER Alert. 7. If the AMBER Alert was activated by the NCPD,
a. immediately notifies the investigating detective squad of the disposition of the call, and
b. prepares a case report [See OPS 8110] documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert.
8. If the AMBER Alert was activated by an agency other than the NCPD,
a. prepares a case report [See OPS 8110], documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert, and
b. indicates in the narrative which jurisdiction activated the AMBER Alert.
9. Ensures that the MO code of “AMBER Alert” is noted.
4. If the report is of a sighting which is founded,
a. takes police action if the victim, the subject, or the subject’s vehicle are still at scene,
b. transmits a radio notification if they are no longer at scene.
5. If the report of a sighting is unfounded or is a report providing
any other related information,
a. identifies and interviews the complainant and any witnesses,
b. conducts a canvass.
6. Determines which jurisdiction activated the AMBER Alert. 7. If the AMBER Alert was activated by the NCPD,
a. immediately notifies the investigating detective squad of the disposition of the call, and
b. prepares a case report [See OPS 8110] documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert.
8. If the AMBER Alert was activated by an agency other than the NCPD,
a. prepares a case report [See OPS 8110], documenting the disposition of the call and utilizing the preliminary classification of AMBER Alert, and
b. indicates in the narrative which jurisdiction activated the AMBER Alert.
9. Ensures that the MO code of “AMBER Alert” is noted.
15. Calls NYSP COMSEC at 518-457-6811 to request AMBER Alert activation.
16. Completes missing person entry in the eJusticeNY IJ Portal, indicating on the Nassau alarm that the victim is the subject of an AMBER Alert.
Note: NYSP COMSEC will send the file 11A abduction message.
17. Completes the AMBER Alert Submission Form using the requesting supervisor’s name and submits via email to commop@troopers.ny.gov and nyspsvu@troopers.ny.gov [See Appendix K]
18. Scans the photos into the computer and e-mails the digital images to commop@troopers.ny.gov and nyspsvu@troopers.ny.gov.
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7. Responds to the scene, and
a. debriefs the Police Officer,
b. becomes the Incident Commander,
c. briefs the Desk Officer and requests the precinct squad
detective.
8. Determines if the AMBER Alert Protocol [See Definition] is met.
Note: Strict adherence to the protocol is critical to the success of the program. Overuse of the program may desensitize the public to the significance of the broadcast.
9. If abduction has been confirmed and case may qualify for an AMBER Alert, immediately calls the New York State Police Communications Section (NYSP COMSEC) at 518-457-6811 to request activation.
10. If the AMBER Alert Protocol is not met,
a. directs the Police Officer to:
(1) prepare a case report [See OPS 8110], or
(2) initiate the Missing Persons Procedure [See OPS
8210],
b. explains to the parent or guardian why the situation does
not meet the AMBER Alert Protocol. [End of Procedure]
11. If the AMBER Alert Protocol is met, directs the Police Officer
to obtain,
a. the information needed for completion of the AMBER Alert Submission Form, and
b. the signature of a parent or legal guardian on a New York State AMBER Alert Authorization to Publicize Form.
Note: Activation will not be delayed if an Authorization to Publicize Form, signed by a parent or guardian, is not immediately available. Verbal consent should be obtained and will be accepted until the signed form can be submitted.
14. Ensures photos of the missing child and/or abductor are forwarded to the Precinct 32 Room personnel immediately.
19. Notifies the Public Information Office (PIO) Reception Desk of the occurrence. [See OPS 4210]
20. Prepares a case report. [See OPS 8110]
21. Gives the original New York State AMBER Alert
Authorization to Publicize Form to the Investigating Detective.
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67
10. Reviews and classifies the case report.
11. Assigns the case report to the Detective Division as follows:
a. if the AMBER Alert was activated by the NCPD, to the Detective Squad investigating the abduction,
b. if the AMBER Alert was activated by another jurisdiction, to the Precinct Squad with jurisdiction over the location where the report is taken.
12. If the AMBER Alert was activated by an agency other than the NCPD, notifies that agency of the following:
a. that a call was received in response to the Alert,
b. the disposition of the call,
c. the telephone number of the Detective Squad to be
contacted for further information.
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: any statement or assertion made by a party to a case and offered against that party. It is a voluntary acknowledgement that certain facts do exist or are true but, of themselves, are insufficient to be considered a confession of guilt.
Admission
69
: a criminal suspect’s oral or written acknowledgment of guilt, often including details about the crime.
Confession
70
: the care and control of a thing or person for inspection, preservation or security. Custody exists in the following settings:
1. when the suspect is under arrest,
2. when there is a substantial deprivation of liberty without
consent.
Note: The standard to be used to determine whether custody exists is what a reasonable person, innocent of any crime, would believe in the same situation.
Custody
71
: includes direct questioning of a suspect about a crime or suspected crime, as well as words, statements or actions by officers that the officers should know are reasonable likely to elicit an incriminating response from the subject.
Interrogation
72
: a youth over the age of twelve (12) and less than eighteen (18) years old.
Juvenile
73
the doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. The suspect must be advised of the right to remain silent and that anything the suspect says can and will be used against them, the right to have an attorney present during questioning, and the right to have an attorney appointed if the suspect cannot afford one. If the suspect is not advised of these rights or does not validly waive them, any evidence obtained during the interrogation cannot be used against the suspect at trial, except for impeachment purposes.
Miranda Rule
74
: includes the filing of an indictment or other accusatory instrument or arraignment.
Significant Judicial Activity
75
The requirement for administering Miranda warnings [See Definition] attaches when the suspect is in custody [See Definition] and will be interrogated. [See Definition] Miranda warnings are not required in the following situations:
1. exigent circumstances involving risk of physical injury to the public or the police,
2. stop and frisk,
3. show-ups,
4. DWI coordination tests and Standardized Field Sobriety
Test (SFST),
5. telephone interviews,
6. pre-arraignment line-ups.
Suspects being taken into custody for DWI will generally be given Miranda warnings at the time and place of arrest. [See Section B]
Noncustodial Investigation
Determines if the suspect who is not in custody should be interviewed, regarding a matter under investigation, without the presence of counsel.
If it is known that the suspect is represented by counsel for the matter under investigation, refrains from interviewing the suspect with regard to that matter.
If the suspect is not represented by counsel, interviews the suspect without administering Miranda warnings.
(Admissions and Confessions)
Member of the Force
Note: A.
1. 2.
3.
4. 5.
6. 7.
Terminates the interview if the suspect requests an attorney. Resumes the interview if the suspect revokes his/her prior
request for an attorney.
If, as a result of the information elicited during the interview, the
situation develops into a custodial situation, [Go to Section C]
If the interview is completed and no further police action is warranted, documents the results of the interview as necessary. [End of Procedure]
B. Miranda Warnings for DWI
Note: For the purpose of this procedure, probable cause that the subject has been operating a motor vehicle after having consumed alcohol has already been established.
Note: All suspects being taken into custody for DWI will be given Miranda warnings at the time and place of arrest, unless:
a. further investigation by a detective is likely [See Section C],
b. officer or public safety will be compromised, or
c. a language barrier exists. [See OPS 3132, Obtaining
Member of the Force
1. Detains the operator of a motor vehicle and advises the subject that statute VTL §1192 has been violated.
2. Takes the subject into custody and reads the subject the Miranda warnings from PDCN Form 233, Notification of Rights.
3. If the subject is under 21 years of age, [See OPS 6446, Operating a Motor Vehicle After Having Consumed Alcohol; Under 21]
4. If the subject is 21 years of age or older, advises that he/she is under arrest for DWI.
Note: A subject who invokes the right to counsel will not be questioned as to the specifics of the offense without the presence of counsel.
5. Notes in the memorandum book:
a. the date, time and location the Miranda warnings were given,
b. the identity of the subject and other persons present,
c. any specific responses of the subject.
6. Transports the subject to CTS and informs the CTS Breath Analysis Operator of the following, if applicable:
and Using Interpreters]
a. the date, time and by whom the Miranda warnings were read to the subject,
Breath Analysis Operator
Member of the Force
Member of the Force
7. Records the information with regard to reading the Miranda warnings in the “WARNINGS” section of PDCN Form 38, Alcohol/Drug Report Authorization Form.
b. if the subject requested an attorney.
8. If the Miranda warnings were not previously read to the subject, a. reads the Miranda warnings, and
C.
9. If the subject requests counsel, provides the subject with access to a telephone and reasonable opportunity to contact an attorney.
10. Records any number called on PDCN Form 85A, Crime Report.
11. Continues with DWI arrest processing. Custodial Interrogation
1. Determines if an interrogation of the suspect in custody is necessary at that point in an arrest or investigation.
2. If an interrogation of the suspect is not necessary, refrains from any questioning that would require Miranda warnings.
3. 4.
Questions the suspect on routine processing items only.
Records any statements or volunteered admissions [See Definition] or confessions [See Definition] and documents them on PDCN Form 85A.
Primary Investigator
8. Determines if the suspect, absent the presence of counsel, is able to effectively waive his/her Miranda rights and be interrogated.
Note: To be admissible, the statement must not be the result of inducement, provocation, encouragement or acquiescence, no matter how subtly employed.
5. If an interrogation of the suspect is necessary, delays the interrogation unless the Member will be the primary investigator.
6. Notifies the Detective Division (DD) if:
a. the case will be assigned to the DD, or
b. the assistance of the DD may aid in the development
of the case.
7. Notifies the appropriate detective squad, as necessary. if the
suspect is a juvenile. [See Definition] [Go to Section G]
1. Notifies the Desk Officer or a Supervisor whenever an attorney contacts the police, by telephone or in person, and claims to represent a suspect who is in custody.
Note: No distinction is made between attorneys retained by the suspect personally or those procured by others
6. Prior to the juvenile and parent/guardian (if present) entering the JAB room, ensures that the BWC that will be used to video record the interrogation is:
a. all efforts taken to notify the suspect’s parent(s) or guardian(s), and
b. notes if the attempts were successful.
a. mounted on the BWC magnetic plate on the wall,
b. angled in a way so that the member recording the
video is identifiable in the recording, c. turned on and has audio,
d. date and time stamped.
7. Video records the entire interrogation including:
a. as much of the room and occupants as possible while still maintaining a frontal high angle view of the interrogated juvenile,
b.
c. d.
e.
OPS 8310 2
all discussions, including any pre-interrogation discussions,
written statements obtained from the subject, if taken, the identification of all persons, including if used, the interpreter’s name, if used,
Miranda warnings must be video recorded and read to the juvenile and parent/guardian if present, prior to the interrogation.
Note:
the issuance of Miranda Warnings.
12. Upon completion of the interrogation, turns off the BWC only after the juvenile and parent(s) have left the JAB room.
13. Records in the case report that the juvenile custodial interrogation has been video recorded.
Note: The BWC and video recording must be preserved even if an irregularity occurs and should be documented in writing.
provided with food, drink, access to toilet facilities, etc.
14. Uploads the video recording without delay, to the: a. server utilizing the multi-dock, and
Primary Investigator
15. Categorizes the video recording as “Juvenile Interview,” including the case number on the GETAC web portal.
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Determines if the suspect, absent the presence of counsel, is able to effectively waive his/her Miranda rights and be interrogated
Note:
9. If the suspect is not able to effectively waive his/her Miranda rights, questions the suspect on routine processing items only.
10. Video records the interrogation, including the administering of Miranda warnings for any of the following offenses:
A suspect is not able to effectively waive his/her Miranda rights, absent the presence of counsel, once right to counsel has indelibly attached. The right to counsel indelibly attaches in regard to:
1. any charge, when the suspect makes an unequivocal request for any attorney,
2. any charge, related or unrelated to the one for which the suspect is presently in custody, once an attorney has entered the proceedings,
3. a particular charge, if significant judicial activity [See Definition] has occurred for that charge.
a. an A-1 felony (other than a “controlled substance” felony as defined in NYS Penal Law Article 220),
b. felony offenses defined in NYS Penal Law
§130.95 and NYS Penal Law §130.96,
c. a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law article
125 (Homicide and Related Offenses),
d. a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law article
130 (Sex Offenses).
Note: CPL §60.45 requires that the entire custodial interrogation at a detention facility of persons accused of certain serious crimes be video recorded.
11. If the suspect is able to effectively waive his/her Miranda rights, reads the Miranda warnings to the suspect exactly as written on PDCN Form 233, Notification of Rights.
12. Presents PDCN Form 233 to the suspect to read.
Initiates the Obtaining and Using Interpreters procedure [See OPS 3132], if the suspect indicates he/she does not understand English.
Asks if the suspect understands his/her Miranda rights.
If the suspect does not understand his/her Miranda rights, explains and re-reads the Miranda warnings from PDCN Form 233.
If the suspect states that he/she does not understand his/her Miranda rights,
a. refrains from interrogating, and
b. terminates videotaping, if applicable.
If the suspect states that he/she understands his/her rights and wishes to remain silent, [Go to Section D].
If the suspect states that he/she understands his/her rights and wishes to speak to an attorney, [Go to Section E].
If the suspects states that he/she understands his/her rights and wishes to waive them, directs the suspect sign next to the acknowledgement and waiver section of PDCN Form 233.
Primary Investigator
13.
14. 15.
16.
17. 18. 19.
Primary Investigator
If a suspect in custody invokes his/her right to remain silent: a. refrains from any further interrogation, and
D.
25.Continues any additional processing. Invoking the Right to Remain Silent
1.
2. 3.
Note: A suspect’s silence cannot be regarded as a waiver of rights. The suspect must waive his/her Miranda rights knowingly, intelligently, and explicitly.
20. Signs and dates PDCN Form 233 after the suspect has signed.
21. Ifsuspectwaiveshis/herMirandarightsbutrefusestosign the form, writes “refused” and signs and dates PDCN Form 233.
22. Notes the case number or other identifying references on PDCN Form 233.
23. Interrogates the subject.
24. If, at any time during the interrogation:
a. the suspect invokes his/her right to remain silent, [Go to Section D],
b. the suspect makes an unequivocal request for an attorney, [Go to Section E],
c. the suspect’s attorney notifies the police that he/she is representing the suspect, [Go to Section F].
b. terminates video recording, if applicable.
Continues routine processing.
Resumes video recording, if applicable, and the interrogation, if:
a. the suspect, without any coercion, changes his/her mind about wishing to remain silent, and
b. Miranda warnings are re-administered prior to resuming the interrogation.
Terminates any further interrogation if a suspect in custody makes an unequivocal request for an attorney.
Note: Once the suspect requests an attorney, the suspect cannot change his/her mind and waive his/her rights, except in the presence of an attorney.
2. Continues routine processing. Attorney Representation of a Suspect
5. Verifies the identity of the attorney.
6. Allows the suspect’s attorney to speak to the suspect.
Note: Once an attorney has entered the case on behalf of the suspect, any further interrogation of the suspect on that case must be conducted with the attorney present.
7. 8. 9.
Asks the suspect, in the attorney’s presence if he/she wishes to waive his/her Miranda rights.
If the suspect does not wish to waive his/her rights, completes routine processing.
If the suspect does wish to waive his/her rights and answer questions,
a. in the presence of their attorney administers Miranda warnings [See Section C], and
b. interrogates the subject.
10.Video records the interrogation, if the interrogation concerns:
a. a juvenile [Go to Section G], or
b. any of the following offenses:
(1) an A-1 felony (other than a “controlled substance” felony as defined in NYS Penal Law Article 220),
(2) felony offenses defined in NYS Penal Law §130.95 and NYS Penal Law §130.96,
(3) a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law article 125 (Homicide and Related Offenses),
(4) a class B violent felony offense (as defined in NYS Penal Law §70.02) defined in Penal Law Article 130 (Sex Offenses).
In cases where the interrogation must be recorded pursuant to CPL 60.45(3), the entire custodial interrogation, including all conversations which occur inside the recording room, any pre-interrogation discussions, and the administration of the Miranda warnings must be recorded.
Records the following information in the case notes:
a. the name, address, and telephone number of the attorney,
b. the time of the contact and/or the arrival and departure
times of the attorney,
c. whether the representation was accepted or declined by
the suspect,
d. whethertheinterrogationwasvideorecorded.
G. Juvenile Custodial Interrogation
Note: It is required that the interrogation of juveniles be
video recorded. FCA §§305.2 & 344.2
Note: The juvenile custodial interrogation room must be in a court-approved room such as the JAB room in a precinct or SVS interrogation room.
1. Immediately notifies the juvenile suspect’s parent(s) or guardian(s) that the juvenile is in custody and the juvenile’s location.
Note: Makes every reasonable effort to complete this notification prior to initiating any interrogation.
2. Documents in the case report and on PDCN Form 262, Detective Division Supplementary Report:
a. all efforts taken to notify the suspect’s parent(s) or guardian(s), and
b. notes if the attempts were successful.
If the juvenile’s parent or guardian is not present but gives permission for the juvenile to be questioned, notes the date and time of the approval in the case report.
Miranda warnings must be video recorded and read to the juvenile and parent/guardian if present, prior to the interrogation.
Note:
the issuance of Miranda Warnings.
8. Administers Miranda warnings to the juvenile and the juvenile’s parent or guardian, if present, in the same manner as for adults. [See Section C]
9. Prior to any interrogation,
a. obtains a waiver from the juvenile suspect and the juvenile’s parents/guardians, if present,
b. directs the juvenile and the juvenile’s parents/guardians, if present, to sign next to the acknowledgement and waiver section of the PDCN Form 233.
10. Terminates the video recording and refrains from further interrogation if the juvenile, or the juvenile’s parent/guardian(s) refuses to waive the juvenile’s Miranda rights.
11. States on the video recording:
a. the use of any auxiliary aids used during the
interrogation, and
b. where possible, when a juvenile has previously been
Member of the Force
12. Upon completion of the interrogation, turns off the BWC only after the juvenile and parent(s) have left the JAB room.
13. Records in the case report that the juvenile custodial interrogation has been video recorded.
Note: The BWC and video recording must be preserved even if an irregularity occurs and should be documented in writing.
provided with food, drink, access to toilet facilities, etc.
16. Prepares case paperwork for electronic submission to either the District Attorney’s or County Attorney’s Office as appropriate and notes:
b. NICE Investigate case file.
a. an electronic recording was made, or was not made of a custodial interrogation, and
b. substance of all oral admissions from all involved parties regardless of whether there was a subsequent recorded and/or written statement.
17. Emails bwcdiscovery@pdcn.org advising of the video recording’s:
video recording,
c. case report number, and
a. date and time of the interrogation,
b. member’s serial number whose BWC was used for the
d. detective’s name and serial number assigned to the case.
Note: Failuretonotifytheprosecutoroftherecordedinterview could prevent the use of the electronic recording in court.
18. Transmits the packet electronically, including a link to the video recording of the custodial juvenile interrogation.
19. Continues any additional processing.
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2. Attempts to locate the suspect.
3. Notifies the primary investigator, without unreasonable delay, of the attorney’s contact or presence.
4. Notifies the suspect that the attorney contacted the Department and inquires as to whether the attorney represents him/her.
Note: The interrogation of a suspect must be terminated unless the suspect unequivocally rejects the representation of the attorney or otherwise makes it clear that he/she does not want to extend his/her relationship with the attorney to include the matter in question.
4. Upon the parent’s or guardian’s arrival, confirms the parent’s/guardian’s approval and ensures the date and time of the approval have been noted in the case report, as necessary.
5. Ensures a body worn camera (BWC) is available to video record the interrogation.
supervisor/ do