VOLUME  4

Line Procedures

 

COMMUNICATIONS

 

105. DEPARTMENT COMMUNICATIONS SYSTEM.

105.10 RESTRICTED USE OF DEPARTMENTAL COMMUNICATION SYSTEM. The Departmental communications system consists of the Emergency Command Control Communications System (ECCCS) Division, radio, microwave, closed-circuit television, telephone, gamewell, mail, computer, and messenger service.

The Department's communication system shall be used only for official police communications. Employees shall not use the system for transmitting messages of a personal nature, disseminating commercial advertising, or for the purpose of promoting any commercial or business interests.

105.15 AUTHORIZED USE OF ELECTRONIC MAIL (E-MAIL). The use of E-mail involves the creation or receipt of electronic communications over the Department's Wide Area Computer Network (WAN). E-mail is available to Department employees to facilitate communication and assist them in their work-related duties.  It is offered as a tool to enable employees to work more efficiently in advancing the Department's mission.

Employees shall use E-mail only for official police communication.  E-mail shall not be used for transmitting messages of a personal nature, for playing computer games, or for unprofessional communications such as disseminating material or messages which are defamatory, sexually oriented, threatening, hateful or bigoted, or for the purpose of promoting any political, religious, or non-Departmental business interest. Employees shall not attempt to gain unauthorized access to another person's E-mail, copy the E-mail of other employees, or send E-mail masquerading as another employee. The Department reserves the right to monitor E-mail correspondence to prevent abuse. The Department also reserves all rights to read, copy, or remove files from any drive or directory, or to revoke, suspend, or limit an employee's access to the WAN.

Internal Audits and Inspections Division (IAID) Responsibility. Internal Audits and Inspections Division shall be responsible for auditing activity on the electronic mail (E-mail) network Department-wide.

105.20 MONITORING DEPARTMENT RADIO FREQUENCIES. Communications Division shall monitor Department radio frequencies and shall publish a quarterly report on radio frequency abuse. Specific violations shall be brought to the attention of concerned commanding officers.

Note: Administrative Unit, Detective Support and Vice Division, shall also monitor tactical frequencies and shall report any frequency abuse to the Commanding Officer, Communications Division.

110. RADIO UNIT DESIGNATIONS.

110.10 STAFF UNIT DESIGNATIONS. Staff radio designations are not reflective of staff succession of command. Staff units shall be identified as follows:

 Executive 1  Mayor
 Executive Security 1  Mayor's Security Detail
 Executive 1A  Deputy Mayor
 Executive 1B  Executive Assistant to the Mayor
 Executive 2  City Attorney
 Executive Security 2  City Attorney's Security Detail
 Commissioner 1

 President, Board of Police Commissioners

 Commissioner 2

 Vice President, Board of Police Commissioners

 Commissioner 3,4, or 5

 Members, Board of Police Commissioners

 Commission Staff 1

 Executive Director, Police Commission

 Commission Staff 2

 Inspector General, Police Commission

 Staff 1  Chief of Police
 Staff Security 1A  Chief's Security Detail
 Staff Security 1B  Chief's Security Detail
 Staff Security 1C  Chief's Security Detail (Alternate)
 Staff 1A  Chief of Staff

 Staff 1E

 Commanding Officer, Media Relations and Community Affairs Group

 Staff 1F

 Employee Relations Administrator

 Staff 1G

 Commanding Officer, Professional Standards Bureau

 Staff 1I                                 

 Commanding Officer, Internal Affairs Group

 Staff 1L

 Special Assistant for Constitutional Policing

 Staff 1M  Department Risk Manager

 Staff 2

 Director, Office of Operations

 Staff 2A

 Assistant to the Director, Office of Operations

 Staff 3

 Director, Office of Administrative Services

 Staff 3A

 Assistant to the Director, Office of Administrative Services

 Staff 3C

 Commanding Officer,

 Administrative Services Bureau

 Staff 3D

 Assistant Commanding Officer,

 Administrative Services Bureau

 Staff 3E

 Commanding Officer,

 Information Technology Bureau

 Staff 3F

 Assistant Commanding Officer,

 Information Technology Bureau

 Staff 3G

 Commanding Officer, Personnel Group

 Staff 3I

 Commanding Officer, Police Training and Education

 Staff 3J

 Commanding Officer, Behavioral Science Services

 Staff 3K

 Personnel and Training Bureau

 Staff 3L

 Assistant Commanding Officer, Personnel and Training Bureau

 Staff 4

 Commanding Officer, Operations-Central Bureau

 Staff 4A

 Assistant Commanding Officer,

Operations-Central Bureau

 Staff 5

 Commanding Officer, Operations-South Bureau

 Staff 5A

 Assistant Commanding Officer,

 Operations-South Bureau

 Staff 6

 Commanding Officer, Operations‑West Bureau

 Staff 6A

 Assistant Commanding Officer,

 Operations‑West Bureau

 Staff 7

 Commanding Officer, Operations‑Valley Bureau

 Staff 7A

 Assistant Commanding Officer,

 Operations‑Valley Bureau

Staff 7B

 Assistant Commanding Officer,

 Operations-Valley Bureau

Staff 8  Director, Office of Special Operations
Staff 8A

 Assistant to the Director,

 Office of Special Operations

Staff 8B  Commanding Officer, Counter Terrorism and Special Operations Bureau
Staff 8C  Assistant Commanding Officer, Counter Terrorism and Special Operations Bureau
Staff 8D  Chief of Detectives, Detective Bureau
Staff 8E  Assistant Commanding Officer, Detective Bureau
Staff 8F  Assistant Commanding Officer, Detective Bureau
Staff 8H  Assistant Commanding Officer, Counter Terrorism and Special Operations Bureau

 

110.20 NONGEOGRAPHIC DIVISION UNIT DESIGNATIONS. Division commanding officer units will be identified by the word “Commander” followed by the number and/or letter(s) of the respective Area/division.  All other personnel will be identified by the number and/or letter(s) of their respective Area/division followed by the numerical designation assigned by the Commanding Officer.

*Chief of Police

  • 24I:            Personnel Assigned to Chief of Police

 *Police Commission

  • 1PC:            Commission Investigation Division

*Chief of Staff

  •   8D:        Personnel assigned to Chief of Staff

  • 17H:        Employee Relations Group

  •    9I:         Media Relations Section

  •    2I:         Public Communications Section        

  •  13I:         Community Relations Section

  • 29H:         RACR/COMPSTAT

 *Detective Bureau

  • 5D:            Investigative Analysis Section/Detective Bureau Administrative Staff

  • 8K:            Juvenile Division

  • 1K:            Detective Support and Vice Division

  • 4K:            Robbery-Homicide Division

  • 2H:            Scientific Investigation Division

  • 70D:          Gang and Narcotics Division

  • 7Y:            Narcotics Division

  • 8Y:            Narcotics Division

  • 9Y:            Narcotics Division

  • 4I:              Vice Division

  • 5I:              Vice Division

  • 2K:            Commercial Crimes Division

 *Counter Terrorism and Special Operations Bureau

  • R:               Metropolitan Division

  • 2D:            Air Support Division

  • 6D:            Emergency Operations Division

  • 3D:            Emergency Services Division

  • 3DK9:       LAX Explosives Detection Canine (K-9) Unit

  • 6K:            Major Crimes Division

  • 10Y:          Personnel Assigned to Counter Terrorism and Special Operations Bureau

* Special Assistant for Constitutional Policing 

  •  7I:             Planning and Research Division

  • 10I:            Internal Audits and Inspections Division

  • 37H:          Personnel assigned to the Department Risk Manager

  • 15H:          Legal Affairs Division

  • 23I:           Personnel assigned to SACP including Governmental Liaison Section

* Office of Administrative Services 

  •  7H:          Use of Force Review Division

  • 16I:           Employee Assistance Unit

  • 18I:           Ombuds Office

  •  8H:          Fiscal Operations Division

  •  6I:            Personnel Assigned to the Office of Administrative Services

  • 21I:           Personnel Assigned to the Assistant to the Director, Office of Administrative Services

  • 22H:         Officer Representation Unit

  • 32H:         Behavioral Science Services

 *Personnel and Training Bureau

  • 33H:          Personnel Assigned to Police Training and Education

  •  5H:           Personnel Division

  • 18H:          Training Division

  • 13H:          Recruit Training

  • 20H:          Personnel Assigned to Personnel Group

  • 31H:          Recruitment and Employment Division

 *Information Technology Bureau

  • 29I:          Application Development and Support Division

  • 3H:            Information Technology Division

  • 30I:           Personnel Assigned to Information Technology Bureau

  • 16H:          Radio Planning Section

*Administrative Services Bureau

  •  4H:           Motor Transport Division

  • 10H:          Communication Division

  • 11H:          Facilities Management Division

  • 12H:          Records and Identification Division

  • 27H:          Personnel Assigned to Administrative Services Bureau

 *Professional Standards Bureau

  • 15I:            Personnel Assigned to Professional Standards Bureau

  •   3I:            Personnel Assigned to Internal Affairs Group

  •   7D:          Force Investigation Division

*Office of Operations

  • 25W:         Criminal Gang and Homicide Division   

  • 2O:            Personnel Assigned to Office of Operations

 *Office of Special Operations 

  •  1H:           Jail Division

  •  9H:           Property Division

  • 30H:          Personnel Assigned to the Office of Special Operations

  • 36H:          Security Services Division

110.30 GEOGRAPHIC COMMANDING OFFICER UNIT DESIGNATIONS.

Commands Within Geographic Areas. Commanding officers within geographic Areas shall be identified by the word "Commander" followed by the number of the Area and the letter "A" "B" or “C.” The letter "A" shall indicate Area Commanding Officer, "B" shall indicate the Patrol Division Commanding Officer, and “C” shall indicate the Area Detective Division Commanding Officer.

Note:  The Commanding Officer, LAX Field Services Division shall be identified as "Commander 14D"

Geographic Bureaus.

 

OSB Criminal Gang/Homicide Group. The Radio Unit Designation for OSB Criminal Gang/Homicide Group shall be 25W.
 

Sexual Assault Detail. Personnel assigned to the Sexual Assault Detail at the geographic bureaus shall be identified by the following designations:

  • 20W:   Operations-Central Bureau Sexual Assault Detail

  • 21W:   Operations-South Bureau Sexual assault Detail

  • 22W:   Operations-West Bureau Sexual assault Detail

  • 23W:   Operations-Valley Bureau Sexual assault Detail

Traffic Divisions. Line traffic division commanding officer units shall be identified by the word "Commander" followed by the number and/or letters of their respective divisions of assignment:

  • 24T:    Central Traffic Division

  • 25T:    South Traffic Division

  • 27T:    West Traffic Division

  • 26T:    Valley Traffic Division

110.40 FIELD UNIT DESIGNATIONS. Unit designations shall be stated by all units at the beginning of each transmission:

  • Patrol Unit Designations. Patrol units shall be identified by the number of the community police station with the applicable service letter (Manual Section 4/110.50), and a unit number corresponding to one of the numbered reporting districts associated with the command.

  • Traffic Unit Designations. Traffic units shall be identified by the number of the traffic division of assignment with the applicable service letter (Manual Section 4/110.50), and unit numbers assigned in consecutive order beginning with the number "1."

  • Non-geographic Division Unit Designations. Non-geographic division units shall be identified by the number and/or letter of the division (Manual Section 4/110.20) and the unit numbers assigned by the concerned commanding officer.

  • Watch Commanders. Watch commanders shall be assigned the unit number "10."

  • Community Relations Officer. The community police station community relations officer shall be assigned the unit number "80."

  • Air Support Unit Designations. Regular air flights shall be designated by the word "Air," followed by the corresponding community police station number to which the flight is primarily committed (e.g., Air 3 would be assigned to an air flight with primary commitment in Southwest Area).

Special air flights will be designated "Air 20" through "Air 100" by the Commanding Officer, Air Support Division.

Note: The Air Support Division station wagon, when assigned to a command post, shall be designated "2D100."

  • Metropolitan Division Units. Metropolitan Division units shall be identified by the letter "R" and unit numbers assigned in consecutive order beginning with the number "1."

  • Base Stations. Base stations shall be identified by the number of the division or community police station, the applicable service letter (Manual Section 4/110.50), a team number, if applicable, and the unit number "90."

Exception: Pacific Community Police Station airport substation shall be known as "Airport Base."

  • Portable Radio Unit Designations. Officers using portable radio equipment shall use a designation consistent with their division of assignment unless other designations are authorized by the commanding officer.

  • Supervisors. Supervisors, other than those assigned to a community police station, shall be assigned a unit number ending in "zero" exclusive of the numbers "10" and "90."

  • Watch Supervisor. Watch supervisory units shall be identified by the number of the respective community police station, the letter "L," and a two digit number ending in "zero." The number "10" shall designate the Watch Commander.

  • Detective Units. Detective units shall be identified by the number of the community police station/division, the letter "W," and the unit's numerical designation. Detective Division supervisory units shall be assigned numbers ending in "zero."

110.50 SERVICE IDENTIFICATION LETTERS. The following letters indicate the type of service to which mobile radio units are assigned:

 A

 Basic Car unit

 Air

 Air patrol unit

 B

 Two‑Officer patrol wagon

 C

 Bicycle detail

 E

 Traffic enforcement automobile unit

 F

 Special unit
 G  Bureau Gang Coordinator or Area Gang Impact Team, Gang Enforcement Detail
 FB  Uniformed foot‑beat patrol

 J

 Juvenile unit

 JW

 Juvenile female police officer unit

 L

 One‑Officer unit. ( "X" or "T" units shall use the letter "L" following the regular V service letter when applicable.)

 Also used as the geographic field services division base station designation

 M

 Traffic enforcement motorcycle unit

 N

 Unit assigned to Commission Investigation Division

 OP

 Observation post assignment during special event or unusual occurrence

 Q

 Special event or unusual occurrence unit

 Note: The activation of the designation and the coordination of assigning specific identification numbers shall be through Communications Division.

 R

 Metropolitan Division unit

 RA

 Fire Department rescue ambulance unit

 T

 Collision investigation unit

 U

 Report‑taking unit

 V

 Area vice unit

 W

 Geographic detective unit

 X

 Additional patrol unit in an assignment district

 Y

 A unit assigned to a division in the Counter Terrorism and Special Operations Bureau

 Z 

 Geographic uniformed unit assigned to a special detail, or a Career Criminal Detail

110.60 MOBILE COMMAND FLEET UNIT DESIGNATIONS. The mobile command fleet shall be identified as follows:

 Mobile One

 Command post truck

 Mobile Two

 Logistics vehicle
 Mobile Three

 Communications unit

 Mobile Four

 Personnel and field transportation office

 Mobile Five

 Has generator for electrical power and a trailer to serve as the command point at the field command post location

 Mobile Seven

 Tactical operations center

 Sound One

 Truck with high‑volume public address system

 Sound Two

 Same as Sound 1

 Light One

 High‑intensity illumination truck

 Light Two

 Same as Light 1
 Mobile Canteen  Used to prepare and serve food to officers at the command post

110.70 COMMAND POST DESIGNATIONS.

Department Operations Center. The Department Operations Center, or any other location or facility activated for overall Department control during an emergency, shall be identified as Department Command.

Field Command Post. A field command post shall be identified as "Command Post." If more than one post is needed, the numerical designations shall be established by "Department Command."

110.80 OUTSIDE AGENCY UNIT DESIGNATIONS. Units operated by outside agencies shall be identified as follows:

Federal Bureau of Investigation Units. Numbers in the "400" and "500" series.

University of California at Los Angeles Campus Units. "8UC" and unit numbers in the "50" series.

California State University, Northridge Police (CSUN PD) Radio Unit Designations.

  • CSUN PD Chief of Police will use "17 University Commander."

  • CSUN PD Watch Commander will use "17 University 90."

  • CSUN PD Supervisors will use "17 University 10, 20, 30."

  • CSUN PD Detectives will use "17 University 21, 22."

  • CSUN PD Radio Cars will use "17 University 1, 3, 5, 7."

Military Police Units. "Special Agent 51" and "Special Agent 52."

Traffic Signal Repair Units. "TSR" and unit numbers assigned in consecutive order beginning with the number "1."

120. RADIO TERMINOLOGY, CODES AND CRIME BROADCASTS.

120.10 RADIO CALL LETTERS. The call letters, "KJC-625," shall be used by the Department's fixed radio stations.

120.20 USE OF RADIO CALL LETTERS.

By All Radio Operators. Radio operators shall not call either a fixed station or a mobile unit by its’ call letters. The unit designation shall be used when addressing a fixed station.

By Controls. All controls shall broadcast the station‑call letters once each fifteen minutes. They need not do so at the end of each transmission.

120.30 ASSOCIATION OF PUBLIC SAFETY COMMUNICATION OFFICERS (APCO) CODE WORD LIST. The following code words shall be used, when applicable, in local radio transmissions:

 A   Adam    H   Henry    O   Ocean    V   Victor
 B   Boy  I     Ida  P    Paul  W  William
 C   Charles  J    John  Q  Queen  X    X-ray
 D   David  K   King    R   Robert  Y   Young
 E    Edward  L    Lincoln     S    Sam  Z    Zebra
 F    Frank  M  Mary  T    Tom  
 G   George  N   Nora  U   Union  

120.40 RADIO CODES AND PROCEDURES. The following codes and phrases shall be used, when applicable, in local radio transmissions:

  • Emergency Call.  A radio call accompanied by a “Code Three” designation is an emergency call.  It shall be answered immediately, but in a manner that will enable the unit to reach the scene as quickly and safely as possible.  A specific unit shall be dispatched “Code Three” and ALL additional responding units may also respond “Code Three.”

  • Officer Needs Help.   This emergency call shall be broadcast when an officer requires immediate aid for a life-threatening incident or an incident that requires immediate aid because of serious bodily injury, death, or a serious threat to public safety is imminent.  The officer requesting shall include the location, followed if possible, by the unit identification and all other pertinent information.  A specific unit shall be dispatched “Code Three” and all additional responding units may also respond “Code Three.”

  • Firefighter Needs Help. This emergency call shall be broadcast when immediate police assistance is required because firefighters are being attacked, attack is imminent, or other emergency exists. A specific unit shall be dispatched "Code Three" and all additional responding units may also respond “Code Three.”

  • Firefighter Needs Assistance. This emergency call shall be broadcast when police assistance is required due to hostile crowd action or other incident. A specific unit shall be dispatched "Code Three" and all additional responding units may also respond “Code Three.”

  • Back‑up Unit Request. This emergency call shall be broadcast when an officer requires additional units immediately, but the situation does not rise to the level where serious bodily injury, death or serious threat to public safety is imminent..

Example: Active perimeter, foot pursuit, 415 group, a crime-in-progress, etc.

The officer requesting shall include the location, followed by the unit designation and all other pertinent information, including the reason for the request. A specific unit shall be dispatched “Code Three,” and all additional responding units may also respond “Code Three.”

  • Additional Unit Request.  An “Additional Unit” broadcast is when an officer requires an additional unit for a non-emergency situation.  The officer requesting shall include the location, followed by the unit identification and all other pertinent information.  An “additional unit” request is not an emergency call and responding officers shall obey all traffic laws when responding.

Examples:  “Code 6 George” with no indication of violence toward the officers, L-Unit involved in a traffic stop, follow up for a criminal investigation, etc.

  • "Pursuit" Procedure. A unit announcing a "Pursuit" shall begin the message by stating that the unit is in "Pursuit" and giving the location, followed, if possible, by the unit identification, description of pursued vehicle, and/or suspects, direction taken, and reason for pursuit. The pursuing unit shall give frequent and comprehensive progress reports as conditions permit. Any unit having information regarding the "Pursuit" may transmit. Communications Division will broadcast advisory information concerning pursuits by the CHP within the City. Department personnel shall not become involved in CHP pursuits on the freeways unless for serious felonies committed within the City of Los Angeles.

    • Officers engaged in a pursuit should request a back-up unit; and,

    • Responding back-up units may respond “Code Three.”  However, once all authorized units have joined the pursuit, all other units shall discontinue their “Code Three” response.

  • Code One. When the control operator fails to receive an acknowledgment of a communication, a "Code One" shall be given. The unit to which a "Code One" is directed shall acknowledge immediately upon hearing a "Code One."

  • Code Two. A radio call accompanied by a "Code Two" designation is an urgent call and shall be answered immediately. The red light and siren shall not be used, and all traffic laws shall be observed.

Note. Officers responding to a "Code Two" radio call shall only interrupt the Code Two call to perform police work of major importance (Manual Section 0/030).

Officer's Responsibility. Officers who interrupt their response to a Code Two call due to police work of major importance, delay, or other exigent circumstances shall immediately notify Communications Division. Officers who interrupt their response to a Code Two call for more than a brief delay to evaluate the comparative urgency of an intervening incident shall also request Communications Division to reassign the call and shall immediately notify a concerned Department supervisor. No notification is required when a Code Two call is interrupted at the direction of either Communications Division or a Department supervisor. Officers shall document the reason for the interruption with an appropriate log entry on their Daily Field Activities Report (DFAR), Form 15.52.00 or 15.52.01.

Note: Officers should consider notification via the Department's Mobile Data Computer so as not to interfere with any emergency radio broadcast.

Supervisor's Responsibility. Concerned supervisors shall ensure that each interrupted response which resulted in reassignment of a Code Two call is evaluated for appropriateness. In making this evaluation, the concerned supervisor should consider monitoring the divisional radio frequency, reviewing relevant log entries, responding to the scene of the interruption, or other appropriate action.

  • Code Three. A radio call accompanied by a "Code Three" designation is an emergency call. It shall be answered immediately, but in a manner which will enable the unit to reach the scene as quickly as possible with safety. Exemption from provisions of the California Vehicle Code (Division 11), section 21055, is granted only when officers sound a siren as reasonably necessary and the officers’ vehicle displays a lighted red lamp visible from the front.

OFFICER RESPONSIBILITY.  An officer may initiate a “Code Three” response to any emergency.  An emergency exists when one or more of the following elements are present:

o    A serious public hazard;

o    An immediate pursuit;

o    The preservation of life;

o    A serious crime in progress;

o    The prevention of a serious crime; and,

o    Officer requests another unit “Code Three.”

 

Officers responding “Code Three” should notify Communications Division of their “Code Three” response and their starting point.  The notification should be given, if feasible, with consideration to radio congestion or other factors that occur during emergency situations. 

Should the vehicle operator decide not to initiate a “Code Three” response, he/she shall obey all traffic laws.

 

SUPERVISORY RESPONSIBILITY. Supervisors are obligated to assess the appropriateness of officers’ requests and to manage the “Code Three” response of other units.  Supervisors shall immediately intervene when necessary to coordinate the response of sufficient units, minimize the risk to officers and the public, and ensure that the patrol force is not unnecessarily depleted.  Feedback, training, counseling or a complaint investigation should be provided/initiated, as appropriate. 

 

Upon the broadcast of a “Code Four,” supervisors shall evaluate continued “Code Three” responses for appropriateness.  In addition, supervisors shall direct units back into service as applicable to ensure response to “Code Two” and non-coded calls.

 

“CODE THREE” RESPONSES DURING MOBILE FIELD FORCE SITUATIONS.  The policy and procedures as outlined in the Department Manual concerning “Code Three” responses during mobile field force operations remains unchanged.   

 

DUE REGARD FOR SAFETY.  The “Code Three” response policy does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway and other responding officers.  Officers who unreasonably engage in an arbitrary exercise of the “Code Three” response policy may be subject to disciplinary action, personal civil liability, and criminal prosecution.

 

COMMANDING OFFICERS’ RESPONSIBILITIES.  Commanding officers shall ensure the following:

  • Ensure employees are aware of the revisions to the “Code Three” Response Policy. 

  • Maintain a signed Acknowledgement of Receipt of this Special Order regarding "Code Three" Response Policy - Revised.

Exception: Whenever officers activate their Code Three equipment in conjunction with mobile field tactics at the scene of a riotous incident, a "Code Three" notification to Communications Division is not required.

Note: Officers traveling to the scene of a riotous incident in a mobile field force configuration with their Code Three equipment activated shall still notify Communications Division that they are traveling Code Three.

When the "Code Three" has been terminated, the officer shall notify Communications Division as soon as practicable.

When more than one unit is "Code Three" in the same general area, they shall be notified by Communications Division that other units are "Code Three" in the vicinity.

  • Code Four. When additional assistance is not needed at the scene of an "All Units" call, a "Code Four," followed by the location of the call, shall be broadcast. Radio units which are not assigned to the call and which are not at the scene shall return to their assigned patrol area when a "Code Four" is broadcast. Officers shall use discretion and downgrade their responses based on the arrival of other units at the requesting officer’s location or if a “Code Four” is broadcast.

  • Code Four Adam. When additional assistance is not needed at the scene of an "All Units," call but the suspect is still in the vicinity, a "Code Four Adam," followed by the location of the call, shall be broadcast. This should then be followed by a description of the suspect. Radio units which are not assigned to the call but which are on the way to the scene shall, when a "Code Four Adam" is broadcast, patrol or post themselves at strategic locations near the scene.

  • Code Five. A unit intending to "stakeout" shall notify the control operator of the location and request a "Code Five." The control operator, upon receipt of the message, shall immediately broadcast that there is a "Code Five" at the particular location. All units shall avoid the vicinity except in an emergency or in response to a call.

  • Clearing Code Five. When the need for a "Code Five" no longer exists, the originating unit, or the last unit to leave the scene, shall request the control operator to clear the "Code Five" at the particular location.

  • Code Five Edward. A "Code Five Edward" shall be used to notify Air Support Division (ASD) personnel of an explosive hazard to low-altitude aircraft.  All units shall avoid the vicinity except in an emergency or in a response to a call for service.

Officer's Responsibility. An officer determining that an explosive hazard exists to low-altitude aircraft shall immediately notify Communications Division of a "Code Five Edward" via telephone or radio.

Note: Radio or Mobil Data Terminal (MDT) communications may detonate an explosive device. All radio or MDT communications should be made approximately one block (500 feet) away from the "Code Five Edward" location.

The officer shall inform Communications Division of the "Code Five Edward" location, and the area of the established perimeter (as measured in feet) around the bomb device/explosive hazard.

Note: If personnel from the Hazardous Devices Section, Emergency Services Division, determine that the established perimeter is insufficient for the potential hazard rendered from a suspected explosive device, they shall immediately notify Communications Division of the expanded perimeter as measured in feet.

A "Code Five Edward" notification shall be made in addition to all the other Department requirements for investigations involving explosives (Manual Section 4/212.50), when the following circumstances exist:

  • Incident involving an explosive device which is in an exposed (open air) area or will be moved to an exposed area;

  • Incident where the Hazardous Devices Section intends to "render-safe" any explosive item in an exposed area; and,

  • Incidents involving any explosives (indoors or outdoors) where the explosion could result in blast pressures that may be hazardous to aircraft operations.

Supervisor's Responsibility. The concerned supervisor shall ensure that Communications Division is notified of any perimeter adjustment.  When the need for a "Code Five Edward" no longer exists, the concerned supervisor shall ensure that Communications Division is notified to clear the "Code Five Edward."

Communication Division's Responsibility. Upon receiving notification of a "Code Five Edward," the Radio Telephone Operator (RTO) shall immediately broadcast the "Code Five Edward" notification and the location.

The Watch Commander, Communications Division, shall ensure that the Watch Commander, ASD, is notified of the "Code Five Edward" broadcast and any adjusted perimeter throughout the incident.

Watch Commander, ASD's Responsibility. Upon notification of the "Code Five Edward" location, the Watch commander, ASD, shall ensure that deployed Department aircraft are notified of the "Code Five Edward" location and any adjusted perimeter throughout the incident.  The Watch Commander, ASD, shall further ensure that similar broadcasts are provided to media aircraft in the area.

Note: Department pilots shall determine a safe altitude for any Department aircraft responding to a "Code Five Edward" location upon notification of any perimeter adjustment.

  • Code Six. When a unit is conducting a field investigation and no assistance is anticipated, a "Code Six,” followed by the location, shall be broadcast. A unit shall not go "Code Six" until it arrives at the scene of a call.

Units on "Code Six" status shall remain available for reassignment to priority calls by monitoring their radio frequencies. A unit on "Code Six" status may indicate to the dispatcher additional circumstances which will make the unit unavailable for assignment to a priority call. These circumstances may include:

  • Suspect in custody;

  • Primary unit at a crime scene; and/or,

  • Required at a back‑up, assistance, or help location.

Note: The unit shall notify the dispatcher as soon as it is again available for radio calls.

  • Code Six Adam. When an officer may need assistance in conducting an investigation, the officer should broadcast "Code Six Adam" with his or her location. Other radio units in the vicinity should then patrol in the general direction of the given location. Officers should not ordinarily leave their assigned districts but should deploy to an advantageous position in the event that assistance is later requested. When a unit broadcasts "Code Six Adam" and later finds that assistance will not be needed, a "Code Four" and the location shall be given without delay.

  • Code Six Charles. When a one‑officer unit receives a "Code Six Charles" in answer to a request for information on a suspect, the officer shall place himself or herself in a position of advantage over the suspect while awaiting arrival of assistance. When control is obtained, the one‑officer unit may request and receive the want/warrant information from the Radio Telephone Operator (RTO). When a "Code Six Charles" is received by a two‑officer unit, the officers shall immediately place themselves in positions of advantage over the suspect. When control is obtained, the unit shall request the want/warrant information from the RTO.

  • Code Six George. When an officer may need assistance in conducting an investigation concerning possible gang activity, the officer should broadcast "Code Six George" and the location. An available Gang Enforcement Detail Unit should respond, while other radio units in the vicinity should then patrol in the general direction of the location given. Officers should not ordinarily leave their assigned districts but should deploy to an advantageous position in the event that assistance is later requested. When a unit broadcasts "Code Six George" and later finds that assistance will not be needed, a "Code Four" and the location shall be given without delay.

  • Code Six Mary. When an officer may need assistance in conducting an investigation concerning possible militant activity, he/she should broadcast "Code Six Mary" with his or her location. Other radio units in the vicinity should then patrol in the general direction of the given location. Officers should not ordinarily leave their assigned districts but should deploy to an advantageous position in the event that assistance is later requested. When a unit broadcasts "Code Six Mary" and later finds that assistance will not be needed, a "Code Four" and the location shall be given without delay.

  • Code Seven. When a unit desires to go out of service for free time, a request for "Code Seven," accompanied by the location his/her assigned vehicle will be parked, shall be transmitted to the control. The control operator shall instruct the unit to "Stand By" until it can be determined whether the request can be immediately granted. If the request cannot be granted, the control operator shall instruct the unit to "Continue Patrol." If the request is granted, the control operator shall inform the unit "OK for Seven."

  • Code Eight. This call is broadcast for general information when a fire has been reported at a specific location where there is a high fire hazard or a threat of personal danger to firefighters from hostile groups. Units in the vicinity should respond to the call but remain on the air available for calls unless it is necessary to assist or investigate. "Code Six" shall be used when it is necessary to go off the air.

  • Code Eight Adam. This call is broadcast when Communications Division has received notification from the Fire Department confirming an active, verified fire at a specific location and the senior officer at the scene has requested additional fire units. A specific police unit shall be assigned the call to assist with traffic or crowd control.

  • Code Ten. This call is broadcast when a clear frequency is required to check a suspect for wants and/or warrants. When an officer desires a clear frequency to check a suspect for wants and/or warrants, he/she shall:

    • Determine that the frequency is not in use;

    • Identify himself/herself with his or her unit number;

    • Request "Code Ten," and state the number of suspects to be checked; and,

    • Indicate whether suspects are juveniles.

Note: A "Code Ten" designation shall not be used to request a clear frequency for crime information broadcasts or any other information, except as specified above.

  • Code Twelve. An officer who responds to a "Code Thirty," "Code Thirty Adam," "Code Thirty‑Ringer," "Code Thirty Victor," or a 211 silent, and determines that there is no evidence of a burglary or robbery, and it appears that the false alarm was caused by equipment malfunction or subscriber error, shall broadcast "Code Twelve," the address, and firm name, if any.

Note: A "Code Twelve" shall be broadcast, in addition to any crime information, when a 211 silent alarm is used to summon the police for reasons other than a robbery.

  • Code Twenty. When a traffic collision or other event being investigated is of such a spectacular nature or is sufficiently unusual that accounts of it would stimulate general public interest, the phrase "Code Twenty," accompanied by the location of the accident or event, shall be transmitted to the control.

  • Code Thirty. This call is broadcast for general information when a silent burglar alarm has been reported by an alarm company or by an automatic tape message. Units in the vicinity should respond to the call but remain available for calls unless it is necessary to go "Code Six" for the purpose of assistance or investigation.

Note: Watch Commanders and supervisors should encourage officers to respond to unverified burglar alarm calls in their Basic Car Area whenever possible, or when an available unit is in the area of an unverified burglar alarm call.

  • Code Thirty Adam. This call is broadcast when a silent burglar alarm has been reported by an alarm company and the location is being monitored audibly. Units in the vicinity should respond to the call but remain available for calls unless it is necessary to go "Code Six" for the purpose of assistance or investigation.

Note: If the location appears to be secure, officers shall ascertain, via Communications, whether the alarm company is monitoring any activity within the location.

  • Code Thirty‑Ringer. This call is broadcast when a Communications dispatcher receives information that a ringing burglar alarm has been activated. Units in the vicinity should respond to the call but remain available for calls unless it is necessary to go "Code Six" for the purpose of assistance or investigation.

  • Code Thirty Victor. This call is broadcast when a visual verification alarm has been activated. Upon receipt of the alarm activation and the display of photographs depicting an intruder, the alarm company will notify Communications Division.  A unit shall be dispatched to respond to the call immediately. Officers responding shall only be interrupted to perform police work of major importance or to respond to a higher priority radio call.

Note: If the location appears to be secure, officers shall ascertain, via Communications, whether the alarm company is monitoring any activity within the location.

  • Code Thirty‑Seven. Communications Division Radio Telephone Operators running want/warrant information for field personnel shall broadcast a "Code Thirty‑Seven" when stolen vehicle information is returned on vehicle license numbers. Field personnel shall employ appropriate defensive tactics and/or report pertinent information such as location, direction of travel, vehicle description, until control is assured.

When the suspect(s) are under the complete control of SWORN PERSONNEL or additional assistance is not required, field employees shall broadcast a "Code Four" in response to a "Code Thirty Seven."

Note: Communications Division shall continue to broadcast "Code Six Charles" in cases of vehicle license numbers connected with high risk suspects or vehicles, such as armed and dangerous, felony want or warrant. For example, if a vehicle license number is associated with a stolen vehicle used in connection with an armed robbery, a "Code Six Charles" will be broadcast, NOT "Code Thirty Seven."

  • Code Robert-Rifle. When an employee needs a Police Rifle or the employee shall broadcast the unit designation, location, and “Code Robert-Rifle”.

  • Code Robert-Slug. When an employee needs an Slug Ammunition the employee shall broadcast the unit designation, location, and “Code Robert-Slug

  • Code Tom. When an employee needs a TASER, the employee shall broadcast the unit designation, location and "Code Tom."

  • Code 100. This code shall be broadcast by a field unit to notify other units that a possible escape route of a suspect from a crime scene is under temporary surveillance. The term "Code 100" shall be broadcast in the following sequence: Unit identification; "Code 100;" and, the location.

 Radio Communication Terms

 AC  Aircraft crash
 FB  Fallen Balloon
 QT  Secrecy required regarding location
 211  Robbery
 311  Indecent exposure
 390  Drunk male
 390W  Drunk female
 415  Disturbance
 459  Burglary
 484  Theft
 484PS  Purse Snatching
 502  Under‑the‑influence driver
 507  Minor disturbance
 507FC  Firecrackers
 586  Illegal parking
 586E  Car parked in driveway
 Roger  Message received; will comply
 Come In  You are being called
 Stand By  Wait until a suitable answer is determined-or do not transmit
 Go Ahead  Proceed with your message
 Repeat  Repeat your message
 Out

 Out of service; not available for call

 (used when no other specific code applies and shall be followed by the reason)

 Clear  No calls outstanding against unit; available for call

 

Note: When reporting on‑duty, units equipped with two‑way radios and engaged in either uniformed or plainclothes patrol shall report “Clear” and indicate the watch to which they are assigned.

 

 Want  Determine whether a vehicle is wanted or is to be held
 No Want  No want or hold on subject or vehicle of inquiry
 Warrant  Vehicle warrant information
 DMV  Information regarding vehicle registration
 Juvenile Check

 Determine whether there is want, hold, or criminal record for juvenile subject

 End of Watch  Unit has completed tour of duty

 

Note: When a unit goes off‑duty, the control operator shall be notified of the location and that the unit is "End of Watch." When a unit has worked beyond the normal tour of duty, the watch to which the unit is assigned shall also be reported.

120.41 INITIAL BROADCASTS OF CRIME DESCRIPTION. The first officers to arrive at the scene of a crime shall conduct a brief interview with the victim or witnesses. Information, when applicable, shall be transmitted in the following sequence to the communications operator, without delay:

  • Type of Crime;

  • Occurred ______  Minutes Ago;

  • Location;

  • Vehicle Used (or left on foot);

  • Direction Taken;

  • Number, Sex, Descent of Suspects;

  • Outstanding Features;

  • Weapon; and,

  • General Type of Property taken.

120.42 SUPPLEMENTAL BROADCAST OF CRIME DESCRIPTION. As soon as practicable after the initial brief information concerning the occurrence of a crime has been relayed to a communications operator for broadcast (Manual Section 4/120.41), supplemental information, including a detailed description of the suspect, shall be relayed to the operator. These suspects' descriptions shall follow the sequence as outlined in the related crime report.

120.60 REPORTING OUT OF SERVICE. When it is necessary for a unit to go out of service for any reason, except in response to an assignment given to them by a control operator, the reason and the location shall be transmitted to the control operator.

Note: If practicable, a unit remaining out of service shall notify the control operator of the reason and the location (once each hour) that it is out of service. This shall be done even though the unit may be working beyond the normal tour of duty.

120.70 AVAILABILITY WHILE ON NON‑PRIORITY CALLS. Field units assigned non‑priority calls, as well as units on "Code Six" status, shall remain available for reassignment to priority calls by monitoring their radio frequencies.

Units reassigned to a priority call shall be responsible for the completion of their non‑priority call(s). Officers shall explain their change in status to the reporting person. Communications Division shall be notified when officers are prepared to resume the handling of their non‑priority call(s). Officers unable to resume the handling of their non-priority call(s) shall notify Communications Division.

If officers assigned to a non‑priority call determine that additional circumstances exist which preclude their reassignment to a priority call, they shall broadcast a "Code Six" indicating the circumstances.

Note: A priority call is a call for service which is of an emergency or urgent nature causing a unit to respond "Code 3" or "Code 2," respectively. Non‑priority calls are all other calls for routine service.

120.75 ASSIGNMENT OF PRIORITY CALLS-NO AVAILABLE UNITS. Communications Division shall handle priority calls in the following manner whenever there are no units available in the Area of occurrence:

  • The call shall be broadcast for "any available unit," with the nature of the call, the address, and the code;

  • If no units respond to the "any available unit" broadcast, the dispatcher shall broadcast one long electronic tone signal on the concerned Area's radio frequency. The tone signal alerts units assigned non‑priority calls to stand by for possible reassignment to a priority call; and,

  • The dispatcher shall assign the priority call to the appropriate unit.

120.77 INCIDENTS MOTIVATED BY HATRED OR PREJUDICE. Communications Division shall dispatch a unit whenever a call for service involves any incident motivated by hatred or prejudice.

120.79 ASSIGNMENT OF UNITS TO ALARM CALLS. Communications Division personnel who receive a call from an alarm company or private person, generated by the activation of a robbery or burglary alarm, shall:

  • Determine the type of alarm being reported;

  • Request the Board of Police Commissioners (BOPC) permit number from the caller; and,

  • Dispatch a unit to the alarm location.

Note: If the caller was unable to provide a valid BOPC permit number, Communications Division shall notify Commission Investigation Division.

120.80 REQUESTING BICYCLE INFORMATION. When requesting information about a bicycle, the following information, when known, shall be given:

  • Frame number of bicycle;

  • License number;

  • Expiration date of license; and,

  • Make of bicycle.

130. RADIO MESSAGE PRIORITY.

Emergency Radio Messages. This classification has priority over all other messages and consists of requests for "Help," information regarding "Pursuits," and messages necessary for the preservation of life.

Special Radio Messages. This classification has priority over "Routine" radio messages and consists of:

  • Immediate field broadcasts of descriptions of suspects and/or vehicles involved in crimes when the time element is important;

  • Reporting fires;

  • Requesting ambulances; and/or,

  • Any other message requiring immediate attention.

A unit with a "Special" message shall begin transmission by notifying the control operator that the unit has a "Special" message. The unit may precede the message with a request for a clear frequency for a "Special" message. When the concerned frequency is on "Stand By" for a "Special" message, only broadcasts regarding the "Special" message shall be transmitted, except an "Emergency" message or another "Special" message.

Note: Upon receiving a “Special” message, the control operator shall immediately place the concerned frequencies on "Stand By," when necessary, and handle the messages in the order of their priority. The control operator shall immediately clear concerned frequencies when the “Special” message is completed.

"Routine" Message Procedures. A unit with a "Routine" message may broadcast only when the concerned frequency is clear. This classification consists of normal radio messages and has no priority.

130.30 CLEAR FREQUENCY PROCEDURE. Before transmitting a lengthy message, such as a report of a major crime, a unit shall contact the control, request a clear frequency, and state the reason for the request.

Exception: When an officer desires a clear frequency to check a suspect for wants and/or warrants, he/she shall request "Code Ten."

The control operator, upon receipt of the request, shall advise all other units on the same frequency to "Stand By" and instruct the concerned unit to "Go Ahead." Upon completion of the message, the control operator shall announce to all units that the frequency is clear. Units advised to "Stand By" shall not attempt to transmit unless their message is of higher priority than the message being transmitted (Manual Section 4/130).

Note: A clear frequency shall not be requested in order to obtain a "Want" or a "DMV" on a vehicle.

150. TELETYPES - GENERAL.

150.05 REQUESTS FOR TELETYPE MESSAGES. A request for a teletype message shall indicate the coverage desired by including the specific point(s) for a directed message or the specific section for a broadcast bulletin.

When proper names are included in teletype messages, they shall be transmitted as follows:

"SURNAME, FIRST NAME, (and) MIDDLE NAME (or) INITIAL."

150.08 CANCELLATIONS, CORRECTIONS, OR SUPPLEMENTS TO BROADCASTS. When cancellation, correction, or supplement to broadcast is requested, the message request given to the teletype operator shall include the following:

  • Date, time, message number, and call letter of the original and all subsequent related messages;

  • Title of the original message;

  • Names of persons who were the subject of the original message;

  • All available reference numbers;

  • Any "special attentions" included in previous related broadcasts; and,

  • The property or vehicles mentioned in previous messages, with a brief description and current status.

150.10 CLASSIFICATION. Teletype messages shall be classified as:

  • Directed Messages. Directed messages are those addressed to one or more specific points throughout the State network (CLETS) or nationally (NLETS) through the California Department of Justice.

  • Broadcast Bulletins. Broadcast bulletins are messages addressed to one of the following specific sections within the network facilities available to the Department:

    • Local (Citywide);

    • Local and Sheriff's Local (Countywide);

    • Area (directed to either one or more of the six broadcast areas into which California is divided); and,

    • All Points Bulletin (directed to all participating enforcement agencies in California). Extended coverage to all other states, except Alaska and Hawaii, is accomplished by direction of the originating agency.

150.12 ALL POINTS BULLETINS - ACCEPTANCE OF MESSAGES. Prior to requesting the transmittal of an All Points Bulletin (APB) broadcast via NECS, officers shall verify that the agencies which the messages are addressed to are participants of the APB system. Area/division records units shall maintain a list of current APB system subscribers. For broadcasts within Los Angeles County to non‑subscribing agencies, a message should be directed to the Los Angeles County Sheriff's local broadcast system. Out‑of‑county messages to a non‑subscribing agency should be sent directly to that agency.

To qualify for rebroadcast on the State Teletype System, a message must meet the following requirements:

Robbery Teletypes.

  • Suspects used or simulated a gun; OR,

  • There is reason to believe the suspects are operating in more than one county; OR,

  • The modus operandi is distinctive or similar to that previously reported in other jurisdictions; OR,

  • The property taken is valued in excess of $5,000.

Burglary Teletypes.

  • A large amount of distinctive property which could connect a suspect with the crime is stolen. (Do not itemize. Give only the general type of property taken and the note "is/is not" identifiable); OR,

  • A safe is attacked; OR,

  • The modus operandi is distinctive or similar to that previously reported in other jurisdictions, AND there is reason to believe the suspect may be operating in more than one county; OR,

  • A large amount of property is taken, part or all of which is identifiable: (Do not itemize. Give only the general type of property taken and the note "is identifiable.")

Felony Suspect Wanted Teletypes.

  • There is reason to believe the suspect may be traveling outside the local area; AND a felony warrant has been issued for his/her arrest, excluding violation of parole or probation unless wanted for an additional felony; OR,

  • There is reasonable cause to believe the suspect committed a felony.

Note: Unless a warrant has been issued, the teletype must contain sufficient information to establish in the mind of the receiving officer reasonable cause to believe the suspect committed a felony.

In Custody Teletypes.

  • The suspect has been operating for a long period of time, AND there is reason to believe the suspect committed a crime outside the local jurisdiction.

Property Under Observation Teletypes.

  • A large amount of identifiable property has been located, AND there is reason to believe it has been stolen outside the local jurisdiction.

Crime Warning Teletypes.

  • When circumstances are such that it may be possible to prevent crime by alerting agencies outside the local jurisdiction; OR,

  • When checks or check writers have been stolen, AND it is probable that an attempt will be made to cash the checks outside the local jurisdiction.

Missing Person Teletype.

  • When the circumstances indicate that the missing person, either adult or juvenile, is the victim of a serious crime or emergency conditions exist, such as senility, suspected foul play, or when the missing person is at a very young age.

Note: Teletyping of a missing person area broadcast does not fulfill the two‑hour notification requirement to the National Crime Information Center (NCIC) when a person under 21 years of age is reported missing or the missing person is the subject of exceptional circumstances (e.g., missing under suspicious circumstances, or persons mentally or physically handicapped).

155. TELETYPES - VEHICLE REGISTRATION AND DRIVER'S LICENSE INFORMATION.

155.05 REQUESTS FOR VEHICLE REGISTRATION INFORMATION. A teletype requesting vehicle registration information from DMV shall be sent in the following form:

  • IV; and,

  • Information code, vehicle license number or vehicle identification number.

A request for out-of-state vehicle information shall include:

  • Motor Vehicle Bureau (city and state);

  • Year for which the information is desired;

  • Complete record request (including registered owner and legal owner); and,

  • License number (including all dashes, as it appears on the plate)

Note: All other vehicle teletypes shall be prepared and sent by the concerned Area records unit.

155.15 REQUESTS FOR DRIVER LICENSE INFORMATION. A teletype requesting driver license information from DMV may be sent, using either the driver license number or the full name of the licensee. When using the driver license number, the teletype shall be sent in the following form:

  • ID; and,

  • Information code, driver license number.

When using the licensee's name only, the teletype shall be sent in the following form:

  • IN; and,

  • Information code, name (last, first, middle).

Note: A separate teletype shall be sent for each person.

155.20 TELETYPES-BICYCLE INFORMATION. A teletype requesting information from the Automated Property System (APS) shall be sent as provided in the CJIS Manual.

165. TELETYPES - JAIL PROCEDURES.

165.02 ARREST BOOKING INFORMATION. The following procedures shall be used in the transmission of arrest booking information:

All Areas/divisions shall teletype juvenile arrest booking information to the Juvenile Records Unit, Records and Identification Division, Detective Support and Vice Division, and the responsible investigative unit within thirty minutes after obtaining the booking numbers, when DABIS processing is not used to book a juvenile or a person 18 years of age or older arrested and booked for a crime committed when the arrestee was a juvenile. The information contained in the first nine lines of the Booking and Identification Records, Form 05.01.00, shall be used as a format for the teletype.

In addition, all Areas/divisions shall include the following additional information on the juvenile arrest booking information teletype:

  • Juvenile's parents and/or legal guardian;

  • J number; and,

  • DR number.

The last line of the teletype shall contain the information in the box labeled "Juvenile Detained At."

Note: When a juvenile arrested for an offense which will be investigated by Gang and Narcotics Division is to be released immediately after booking, the arresting officer shall cause the date and time the subject is to be cited to return for further investigation and disposition to be included in the booking teletype.

Booking Areas/divisions with Livescan Network capability shall send adult and juvenile arrest booking information to Records and Identification Division within thirty minutes after obtaining booking numbers, when DABIS processing is not used to book a juvenile or a person 18 years of age or older arrested and booked for a crime committed when the arrestee was a juvenile.

Booking divisions shall transmit required booking documents to the Inmate Reception Center, County Central Jail.

165.03 ARRESTEES BOOKED INTO COUNTY CUSTODY. Teletype abstracts containing booking information shall not be sent on adult arrestees booked directly into Los Angeles County jail facilities.

Exception: Teletype abstracts containing the booking information contained in the first nine lines of the Booking and Identification Record, Form 05.01.00, shall be sent on adult arrestees booked directly into the Jail Ward of the Los Angeles County-USC Medical Center.

An officer booking an adult arrestee directly into a Los Angeles County jail facility shall complete the Booking and Identification Record, Form 05.01.00, in the normal manner. In addition, the booking officer shall:

  • Telephonically obtain an LAPD generated booking number from Records and Identification Division; AND,

  • Request to be transferred to the Supervisor of the Booking Records Update Unit, Records and Identification Division; AND,

  • Give the booking information contained in the first nine lines of the Booking and Identification Record, Form 05.01.00, to the supervisor. Record that person's name, and title in the narrative portion of the arrest report.

Note: The above notification to the supervisor of the Criminal Information Unit, Records and Identification Division, is not necessary when booking arrestees directly into Los Angeles County Jail.

165.04 SUPPLEMENTAL CHARGE TELETYPES. A Supplemental Charge Teletype shall be sent without delay to Los Angeles County Jail when the arrestee is an adult female, in the following sequence:

  • Prisoner's booking number and name, original charge, SUPP CHG, and date charge placed; and,

  • NEW CHG: List supplemental charge. When the supplemental charge is a warrant, the information shall include the System ID number, warrant number, court, and bail including penalty assessment.

Note: When a felony complaint against an arrestee is rejected and a related misdemeanor warrant is obtained, the words "Reduction Booking" shall be placed in the heading of the teletype.

When the supplemental charge is placed as the result of a court order for the delay of a felony arraignment (Manual Section 4/750.20), the following information shall be included:

  • The warrant information;

  • The date and time of the court order;

  • The court issuing the order;

  • The concerned investigative unit; and,

  • The statement, "Court ordered prisoner held until his physical condition permits his arraignment."

165.06 SUPPLEMENTAL CHARGE AUTHORIZATION TELETYPES-VIOLATION OF PROBATION OR PAROLE. A teletype abstract authorizing a supplemental charge for violation of probation or parole against a person in the custody of the Department shall be sent to the division of custody in the following sequence:

  • ATTN JAILER OR LASD;

  • State parole charge authority and date;

  • Booking number, name, and prison number;

  • "THIS IS AUTHORIZATION FOR DETAINING AGENCY LASD AND ANY PEACE OFFICER IN THE STATE OF CALIFORNIA TO ARREST AND BOOK PER (charge) AND TRANSPORT TO LOS ANGELES MAIN COUNTY JAIL;" and,

  • AUTH: Name and title of officer authorizing the supplemental charge.

165.15 REQUEST FOR BAIL INFORMATION TELETYPE. A Request for Bail Information Teletype is used to request information regarding the release on bail of a misdemeanor prisoner in the custody of the Los Angeles County Sheriff's Department. The teletype shall be sent to the custodial detention officer and shall contain the prisoner's booking number, name, and "REQ. FOR BAIL INFO."

165.20 BAIL INFORMATION TELETYPE. Information regarding a prisoner eligible for release on bail shall be sent by the custodial detention officer in the following sequence:

  • Prisoner's booking number, name, and BAIL INFO;

  • Each charge (code section and title), listed separately, followed by the amount of bail, plus penalty assessment;

Note: Name on each additional charge, if different than original booking name, shall precede the charge or warrant number.

  • Each warrant number or court case number, if any, and issuing court, listed separately, followed by the amount of bail, plus penalty assessment;

  • Time, day of week, date, court, and street address of court appearance for each charge; and,

  • Arrest location, arresting agency, division and unit, and arresting officer's name and serial number.

165.26 FELONY BOOKING DISPOSITION AND SUPPLEMENTAL CHARGE TELETYPE. A Felony Booking Disposition and Supplemental Charge Teletype directing a custodial detention officer to record the release of a charge against a prisoner and to place a supplemental charge shall be sent in the following sequence:

  • Prisoner's booking number, name, FEL DISPO/ SUPP CHG, and date of felony disposition;

  • Charge released and AUTH: Felony booking disposition as indicated in the Investigator's Final Report, Form 05.10.00;

  • NEW CHG: Supplemental charge. When the supplemental charge is a warrant, an abstract of the warrant shall be included in the teletype;

  • Prisoner's name on supplemental charge if different from that on the original booking; and,

  • Division, name, and serial number of authorizing officer.

Note: When the prisoner is in a Los Angeles County jail facility, other than Los Angeles County Jail, a Felony Booking Disposition and Supplemental Charge Teletype shall also be sent to the Sheriff's Warrant Detainer Section.

165.30 ORDER TO RELEASE PRISONER TELETYPE. An Order to Release Prisoner Teletype is used to direct a custodial detention officer to release a prisoner from the custody of the Department, or to direct another agency to release from custody a prisoner detained for this Department. This teletype shall be sent in the following sequence:

  • ATTN JAILER;

  • Prisoner's booking number and name, and ORDER TO RELEASE; and,

  • The charge released and AUTH: Reason for release.

Note: Name on each additional charge, if different than original booking name, shall precede the charge or warrant number.

  • Details:

    • When the charge released is a felony, include the booking disposition indicated on the Investigator's Final Report, Form 05.10.00;

    • When the reason for release is bail posted, include the amount of cash bail posted or an identification of the surety bond;

    • The time, day of week, date, and street address of court appearance for each charge; and,

Note:  When the arrestee was intoxicated at the time of arrest, a teletype directing an O.R. release shall include "O.R. when able to care for self."

  • Division, name, and serial number of officer ordering release.

165.31 ORDER TO RELEASE JUVENILE TELETYPE. An Order to Release Juvenile Teletype is used to direct a custodial detention officer to release a detained juvenile from the custody of the Department. This teletype shall be sent in the following sequence:

  • Juvenile's booking number and name, and ORDER TO RELEASE;

  • Charge released and AUTH: Reason for release (i.e., Exonerated, Court Order, 602‑626 WIC, etc.);

  • Release to: (Relationship and full name);

  • Location detained; and,

  • Division, name, and serial number of officer ordering the release.

165.32 NOTIFICATION OF PRISONER RELEASE TELETYPE. A computer generated message reporting the release of a prisoner from LAPD custody shall be sent immediately to the Automated Justice Information System (AJIS) via the Network Communication System (NECS) RL13 format. The message, when appropriate, shall also be directed to:

  • The concerned division or Sheriff's station when the release is the result of an Order to Release Prisoner Teletype; and,

  • Detective Support and Vice Division and the concerned investigating officer when either an adult arrestee was booked on a felony charge or the arrestee is a juvenile.

Notification of Prisoner Release messages sent to locations other than AJIS shall contain the following information:

  • Prisoner's booking number;

  • Prisoner's last name, first name, middle initial;

  • Date of birth;

  • Booking location;

  • Reason for release;

  • Originating agency;

  • Name of officer releasing prisoner; and,

  • Serial number of officer releasing prisoner.

Note: When a prisoner is released to the Los Angeles County Sheriff's Department's transportation unit, a notification to AJIS shall be sent via the Network Communication System (NECS).

165.33 NOTIFICATION OF WRIT OF HABEAS CORPUS OR FIXED ‑ BAIL RELEASE OF FELONY PRISONER TELETYPE. A teletype announcing the release of a felony prisoner when fixed‑bail is posted or on a Writ of Habeas Corpus shall, in addition to a teletype to the AJIS file, be sent to:

  • Detective Support and Vice Division; and,

  • The concerned probable investigating unit listed on the Booking and Identification Record, Form 05.01.00.

Notification of Writ of Habeas Corpus or Fixed‑Bail Release of Felony Prisoner Teletype shall be sent in the following sequence:

  • Release information as sent to AJIS (i.e., booking number, last name, first name, middle initial, birth date, numerical code of booking location);

  • Date released;

  • Booking charge;

  • Amount of cash bail posted or an identification of the surety bond;

  • Citing instructions for court appearance; and,

  • Division, name, and serial number of officer releasing the prisoner.

165.34 NOTIFICATION OF AVAILABILITY FOR RELEASE TELETYPE. When an arrestee is booked on a foreign California adult misdemeanor warrant and is not wanted on a local charge, the custodial detention officer shall send a Notification of Availability for Release Teletype to the demanding jurisdiction in the following sequence:

  • ATTENTION WARRANT DETAIL;

  • Name of arrestee (first, middle, last) and booking number;

  • ARRESTED (date arrested) ON YOUR WARRANT (warrant number, issuing court charge, and code). ADVISE BY RETURN TELETYPE DATE AND TIME YOU WILL ACCEPT CUSTODY. NOTIFICATION WILL BE MADE OF ANY CHANGE IN CUSTODY STATUS; AND,

  • Division of detention, address, officer's name, and serial number.

165.35 NOTIFICATION OF FORWARDED WARRANT TELETYPES. When warrants or warrant information teletypes have been forwarded with a prisoner to other than the originating agency, the City jail facility having custody of the arrestee shall send a teletype notification to the originating agency in the following sequence:

  • ATTENTION: Agency, warrant number, and charge;

  • Name of prisoner (first name first) and booking number;

  • RELEASED TO (Agency prisoner released to), date, and time; and,

  • YOUR WARRANTS (or warrant information teletypes) HAVE BEEN FORWARDED WITH PRISONER. CONTACT agency DIRECTLY FOR FURTHER INFORMATION.

Note: When warrants or warrant information teletypes from two or more agencies are forwarded, a joint teletype format shall be used.

165.60 PRISONER ESCAPE TELETYPES. A Prisoner Escape Teletype shall be sent as LOCAL BC AND SHERIFF'S LOCAL in the following sequence:

  • NOTICE OF PRISONER ESCAPE;

  • Name of escapee;

  • Booking number, charge, and LA number;

  • Description of suspect and clothing;

  • Location of escape; and,

  • Fingerprint classification (available at Records and Identification Division).

Note: Supplemental teletypes may be sent at the discretion of investigating officers responsible for apprehension.

165.70 ORDER TO PICK‑UP. Regular Order to Pick‑Up Teletypes shall be sent on each court day not later than:

  • 0430 hours for morning court; and,

  • 0900 hours for afternoon court.

Teletypes shall be sent to the Los Angeles Sheriff's Department, Bureau of Transportation as in the following examples:

  • Hollywood has four male and one female arrestees for Division 59, and two female arrestees for Division 51; and,

  • Harbor Area has two male and three female arrestees for Division 61.

165.80 IMPERATIVE RELEASE MESSAGE TELETYPE. The Imperative Release Message is a daily teletype notification generated by the Automated Justice Information System (AJIS) to all Areas of the Department and Metropolitan Jail Section, 77th Street Jail Section, Van Nuys Jail Section, and Operations Jail Section with the names of those persons who must soon be arraigned or released from Department custody in accordance with 825 P.C.

170. TELETYPES - INVESTIGATIVE PROCEDURES.

170.04 TELETYPE NOTIFICATION OF "SHOW ‑ UP" APPEARANCE. A teletype notification regarding a suspect appearing in a "show‑up" shall be sent in the following form:

FOLLOWING SUSPECT WILL BE IN SHOW‑UP: (location); (date and time); (name and description of suspect); (modus operandi, including any information which may aid in connecting suspect with a crime); (name, serial number, and detail of investigating officer)

170.08 TELETYPE NOTIFICATION OF "SHOW ‑ UP" RESULTS.

Suspect Identified. A teletype regarding identification of a suspect in a "show‑up" shall be sent in the following sequence:

  • "Show‑up" number of identified suspect;

  • Name of suspect identified;

  • Offense for which suspect was booked;

  • Crime with which suspect was identified;

  • Name of person who made identification;

  • DR number of report of crime with which suspect was identified;

  • Name of the concerned law enforcement agency and the case number, when suspect identified with a crime committed in another jurisdiction;

  • Names of victims and witnesses attending the "show‑up;"

  • Names of suspect's defense attorneys and deputy district attorneys attending the "show‑up;"

  • Name and serial number of the officer who selected the participants for the "show-up;"

  • Unusual actions which the investigating officer requested the suspect to perform during the "show‑up;" and,

  • Name, serial number, and detail of officer conducting the "show‑up."

Suspect Not Identified. When no suspects are identified in a "show‑up," the teletype notification shall contain the following:

  • NO SUSPECTS IDENTIFIED;

  • (Names of victims and witnesses attending the "show‑up"); and,

  • (Name, serial number, and detail of officer conducting the "show‑up".)

170.45 PROPERTY RELEASE TELETYPES. A teletype authorizing release of property shall be sent in the following form:

  • THIS IS YOUR AUTHORITY TO RELEASE THE BELOW LISTED PROPERTY BOOKED UNDER DR (number) TO (name of person to whom property is booked) ON (date of booking) TO (name and address of person to whom property is to be released). (List of property, including item numbers). RELEASE AUTHORIZED BY (name and serial number of authorizing officer), (date and time release authorization).

170.55 REQUEST FOR CERTIFIED COPY OF LASD FINGERPRINT CARDS TELETYPE. The following format shall be used to obtain certified copies of Los Angeles Sheriff’s Department fingerprint cards from the Bureau of Identification:

  • BI;

  • SUPERVISOR, FINGERPRINT SECTION;

  • REQUEST CERTIFIED COPY OF THE FINGERPRINT CARD OF:

  • NAME AND ANY AKA USED AT TIME OF BOOKING;

  • DATE OF BIRTH;

  • CII NO.;

  • LA NO. AND LASD NO.;

  • DATE OF ARREST;

  • CHARGE; and,

  • DIRECT REPLY TO LAPD_________DIVISION_________ ATTN:__________

175. TELETYPES-SUPERVISORY PROCEDURES.

175.10 SUBPOENA TELETYPES. A teletype notifying an officer of the existence of a subpoena shall be sent in the following form:

  • WATCH COMMANDER, (division/Area of assignment). THE FOLLOWING OFFICERS ARE SUBPOENAED: (officer's name), (serial number), DIVISION OR DEPARTMENT (number), (place of address), (date), (time), (defendant's full name), DR (number).

175.14 DECLARATION FOR CONTINUANCE TELETYPES. A Declaration for Continuance teletype shall be sent in the following form:

  • DECLARATION FOR CONTINUANCE: (defendant's last name), (court division number), (case number), (Officer's name and serial number), (date of trial), (to what officer can testify), (reason for inability to appear), (date officer will be able to appear).

175.70 WEATHER FORECAST TELETYPES. A teletype regarding the weather forecast shall be sent in the following sequence:

  •  METROPOLITAN-COAST AREA-temperature, precipitation

  •  VALLEY AREA-temperature, precipitation.

180. MESSENGER SERVICE AND MAILING INSTRUCTIONS.

180.10 DEPARTMENT MAIL TO BE FORWARDED BY MESSENGER SERVICES. Mail to be forwarded to Department offices, all City offices, and all Los Angeles County offices by messenger service shall be enclosed in Multi‑use Interoffice Correspondence Envelopes, Form General 100B. When the Form General 100B is used to forward mail to a City office other than a Police Department office, the address shall include the correspondence "stop" number for the concerned office.

Exception: When the use of the Multi‑use Interoffice Correspondence Envelope is inappropriate to the subject matter to be forwarded or the material to be forwarded is of a confidential nature, the correspondence shall be enclosed in a plain manila envelope.

180.20 UNITED STATES MAIL DELIVERY. All correspondence to be delivered by United States mail shall be placed in appropriate containers. When practicable, white envelopes shall be used. The Department's return address, "Box 30158, Los Angeles, 90030," shall be typed or printed in the upper left corner. The correspondence reference number shall be included with the return address. The sender's name may be substituted when necessary for security reasons. When mail is to be registered or certified, "Los Angeles Police Department" shall be included with the return address and correspondence reference number.

When reference is made regarding the return address of the Department within any correspondence to other government agencies or the general public, the above return address shall be shown.

180.30 DELIVERY OF PERSONAL MAIL. The address of the Department or any of its offices shall not be used by employees for the purpose of receiving personal mail or merchandise.

190. TELEPHONES, USE OF DEPARTMENT.

190.10 ANSWERING DEPARTMENT TELEPHONES An employee answering a public Department telephone (usually those connected to the City Centrex System) will state the following:

  • "Good morning," "Good afternoon" or "Good evening," as applicable;

  • His/her office, group, bureau, division, section, unit or, Community Outreach Center or if the location is a community police station, the name of the geographic command followed by the phrase "Community Police Station," i.e., "Rampart Community Police Station."

  • His/her rank or title, and last name, and,

  • "May I help you?"

When answering other Department telephones (outside, private or non-Centrex), the employee may answer by giving the number of the telephone only. However, an Area/division commanding officer (CO)may authorize some other response for non-public telephones, which are used for undercover operations.

To ensure continuous and quality service to the hearing-impaired community, Area commanding officers will:

  • Ensure that the Area/division NexTalk-Telephone (TTY) application is launched and active on at least one front desk computer;

  • Ensure that sufficient personnel at each Area station are trained in the proper use of the NexTalk TTY application;

  • Cause Area training coordinators to assume responsibility for training of personnel in the use of the NexTalk TTY application; and,

  • Ensure all references to (TDD) are replaced with TTY for hearing-impaired (the telephone numbers remain unchanged), to the next and all subsequent printings of Area/division business cards.

190.15 TELEPHONE CALLS PLACED TO GEOGRAPHIC AREAS/DIVISIONS VIA NEXTALK TTY APPLICATION FOR THE HEARING-IMPAIRED.  The Americans with Disability Act (ADA) prohibits discrimination against qualified individuals with disabilities in all programs, activities and services of public entities.  Thus, individuals with disabilities must be afforded telephonic access to all Area/division stations as is the hearing  community.  The Department utilizes the NexTalk TTY application at Area/division front desks, to receive calls from the hearing-impaired community.

 

OFFICER’S RESPONSIBILITIES.  Officers at each Area/division are responsible for answering, handling and completing calls for service from the hearing-impaired community.  Calls for service received at Areas/divisions via the NexTalk TTY application, which are not answered within the first five rings, will be forwarded to the Communications Division (CD) non-emergency line.  Area/division front desk officers or the Emergency Board Operator (EBO) answering the call will determine whether the call is of an emergency nature, and if so, will dispatch a unit to the scene.  All other telephone calls will be screened by personnel, who must determine the appropriate routing.

 

COMMUNICATIONS DIVISION'S RESPONSIBILITIES.  Personnel assigned to CD will adhere to the following procedure when receiving a call for service from an member of the hearing-impaired community.  Upon receipt of a call, CD personnel will determine the nature of the call.  The majority of calls will fall within the following categories:

 

  • Emergency call for service;

  • Non-emergency call for service;

  • General information;

  •  Telephonic report; or,

  • Attempt to contact Department personnel at the Area/divisional level (e.g., detective, watch commander, Area commanding officer, etc.).

 

In all cases in which CD personnel respond to a call for service from a member of the hearing-impaired community, which requires follow-up action by a Department employee (e.g., radio call, police report, etc.), an incident number must be generated.  An incident number is not required if no further action is required, such as requests for general information.

 

After determining the nature of the call, CD personnel will take the following appropriate action:

 

·         Emergency and non-emergency calls for service from hearing-impaired callers will be handled in the same manner as any other call for service and a radio car will be dispatched to the location.  Specific comments must be included in the incident log that the reporting party is hearing-impaired;

·        General information questions should be answered by the EBO, whenever possible.  When questions are more appropriately directed to the Area/division, the EBO will notify the watch commander and/or a supervisor at the concerned Area/division, and include the notification information in the comments of the incident log, prior to closing out the incident; and,

·         For telephonic reports or calls requiring a response from Area/division personnel, the EBO will notify the watch commander and/or a supervisor at the concerned Area/division, and include the notification information in the comments of the call prior to closing out the incident.

 

WATCH COMMANDER'S RESPONSIBILITIES.  All personnel assigned as Area/divisional watch commanders must adhere to the following procedures when receiving notification from CD regarding a call from a hearing-impaired caller assigned to them:

 

  • Determine the nature of the call.  Calls from CD will be either non-emergency calls requiring the desk officer to complete a report, or calls for a specific Department member (e.g., detective, watch commander, or Area commanding officer) to contact the hearing- impaired caller via the station's NexTalk TTY application;

  • Ensure incoming calls are logged.  A “Special Investigator Assignment/Control Log,” Form 15.60.00, commonly referred to as a System To Optimize Radio Car Manpower (STORM) log, must be used to record incoming STORM calls.  All calls from CD will have a corresponding incident number and must be logged on the STORM log as either the specific type of report being taken, or as “Other” in the “Type of Call” box, if it requires a specific Department member to contact the hearing-impaired caller;

  • Ensure the hearing-impaired caller is contacted within an hour.  All calls from CD will require that the desk officer or specific Department member contact the initiating caller.  Officers assigned to the front desk may either complete the necessary report via the Area's/division's NexTalk TTY application or, if requested by the hearing-impaired caller, assign an available patrol unit to respond to the caller’s location;

  • Ensure that the incident is updated on the STORM log and that a disposition code and any other pertinent information is entered on the STORM log prior to end of watch; and,

  • Ensure that all problems with Area/division NexTalk TTY application are documented in the Watch Commander’s Daily Report, Form 15.80.00, and are reported to the Information Technologies Division Help desk, or via self-ticketing.

 

Note:  All calls, regardless of type, must be addressed utilizing the aforementioned guidelines within one hour of the watch commander being contacted by CD.  In the event that a report cannot be completed within an hour or the requested Department personnel are unavailable, the watch commander or his/her designee must contact the hearing-impaired caller and provide them with an estimated time at which they can expect to have their call addressed.

 

190.20 ANSWERING COMPLAINT BOARD OR RECORDS AND IDENTIFICATION DIVISION TELEPHONES. Employees answering complaint board telephones or Records and Identification Division telephones subject to extremely heavy use may answer with an approved shortened identification as directed by the division commanding officer.

190.30 TELEPHONE CALLS - IMMEDIATE SERVICE REQUIRED. Employees who receive a telephonic report which demands immediate police action shall:

  • Obtain the location of occurrence and other pertinent information; and,

  • Relay the information to the concerned unit, if available; or,

  • Relay the information to the complaint board.

Employees relaying the information to the complaint board shall:

  • Give their name and division of assignment;

  • Give the location where service is requested;

  • State the nature of the complaint;

  • Obtain the name and telephone number of the caller;

  • Inform caller that his/her call will be returned, as soon as practicable;

  • Obtain the information desired; and,

  • Return the call.

If the persons are calling from a pay telephone, they shall be advised to remain at that station to await the return call.

190.50 TRANSFERRING TELEPHONE CALLS. When an employee receives a telephone call which should be handled by some other unit, or which has been misdirected, he/she shall:

  • Ascertain the nature of the call;

  • Advise the caller as to the Department unit, or person to whom he/she should speak; and,

  • Transfer the call.

If the caller does not wish to have his/her call transferred, or is calling from within the CENTREX system, he/she shall be given the telephone number and name of the unit to call for service.

190.60 TELEPHONIC REQUESTS FOR REPORT INFORMATION. When an employee receives a telephonic request for information contained in police reports, he/she shall handle the request as prescribed in Manual Sections 3/406, 3/407, 3/408 and 3/410.

190.70 REFERRAL TO THE CALIFORNIA HIGHWAY PATROL.

Metropolitan Area and Harbor, Venice, and West Los Angeles Divisions. Calls for services of an emergency nature within the area of the California Highway Patrol responsibility shall be transferred by land line to the California Highway Patrol dispatcher when practicable. When the line is in use, the employee receiving the call shall obtain the necessary information and relay it to the California Highway Patrol Dispatcher.

San Fernando Valley Area. The employee receiving a call for service of an emergency nature within the area of the California Highway Patrol responsibility shall obtain the necessary information and relay it to the California Highway Patrol Dispatcher.

Note: Persons requesting non‑emergency service or information shall be advised to call the California Highway Patrol.

192. LONG ‑ DISTANCE, LOCAL, AND EXTENDED ‑ AREA TELEPHONE CALLS.

192.10 LONG ‑ DISTANCE CALLS - DEFINED. All calls to any point outside Area Code 213, 310, 323, and 818 are long‑distance calls.

192.20 LOCAL ‑ AREA CALLS - DEFINED. A local call is any call which is not a multi‑message‑unit call.

192.30 EXTENDED ‑ AREA CALLS - DEFINED. All toll calls to any point within Area Code 213 that must be placed through a City Hall operator are extended area calls.

Note: These calls are calls that cannot be dialed using a dial code shown on the Guide For Placing Business Calls (marked with * on the guide).

192.40 LONG ‑ DISTANCE TELEPHONE CALLS, OUT ‑ GOING.

Employee's Responsibility. All City-business long-distance calls shall be placed through the City Long-Distance Communications Facility (TELCODE) System. An employee placing a long-distance call shall:

  • Utilize the five digit confidential authority number issued to each sworn employee and designated civilian employee; and,

  • Place the call following the instructions included with the TELCODE Long-Distance Identity Card.

Note: Employees will be responsible for all calls placed with their assigned TELCODE number. If the TELCODE card is lost or stolen, employees shall report the loss immediately to the Department Telephone Coordinator at Information Technology Bureau.

Commanding Officer's Responsibility. All calls placed through TELCODE will be recorded on a detailed printout which will be provided to commanding officers for review. Calls of long duration and repeated calls to the same number will be subject to a computer scan and subsequent investigation. Commanding officers shall review and audit the TELCODE printouts to ensure that employees conform to City telephone call guidelines.

192.50 LONG ‑ DISTANCE TELEPHONE CALLS, INCOMING. When an employee receives a long‑distance call that is not for the employee, the employee shall:

  • If the call is paid, transfer it to the concerned person or unit; or,

  • If the call is directed to the Department only, or to the Chief of Police, transfer it to Detective Support and Vice Division.

192.60 COLLECT TELEPHONE CALLS, INCOMING. Department employees may accept collect calls for emergency services and for matters of importance to the City of Los Angeles and to the Department. After receiving an incoming, collect telephone call, the person accepting the call shall immediately notify the Administrative Unit, Detective Support and Vice Division and provide the following information:

  • The origin of the call;

  • The name of the caller;

  • The name of the person who accepted the call;

  • The extension on which the call was received; and,

  • The time the call was accepted.

Note: Department employees shall not accept personal, collect telephone calls except in cases of emergency.

192.70 PLACING LOCAL ‑ AREA CALLS. Prior to placing an outside business call, an employee shall determine whether the call is a local call by referring to the City of Los Angeles telephone directory. If the call is local, it may be placed over an outside line. If no outside line is provided, the employee shall use the appropriate City Hall trunk line as shown on the Guide for Placing City Business Calls.

192.80 EXTENDED ‑ AREA TELEPHONE CALLS. An employee placing a call over a Department telephone into the extended area shall:

  • Obtain approval from his/her division commanding officer or watch commander before or after placing a call, as circumstances of the case may dictate; and,

  • Place the call over the appropriate City Hall trunk line.

192.90 TELEPHONIC NOTIFICATION TO FAMILY WHEN WORKING OVERTIME. When a duty assignment requires an employee to work unexpected overtime, the employee may notify his/her family over a Department telephone. Such calls shall be considered police business and shall be made in the same manner as any other business call.

195. RESIDENCE TELEPHONE REQUIREMENT. All sworn personnel and each civilian employee designated by his/her commanding officer as subject to recall during off‑duty hours shall have a telephone at their residence and keep the Department advised of the number.

195.10 INSTALLATION OF RESIDENCE TELEPHONE. When officers or civilian employees subject to recall change their place of residence, they shall apply, without delay, to the telephone company for telephone service. If priority is needed, they should submit an Employee's Report, Form 15.07.00, to their watch commander, including the following:

  • Extent of delay indicated by the telephone company;

  • Officer's address where telephone service is requested;

  • Name and address of telephone company where service was requested; and,

  • Date service was requested.

This report shall be forwarded to the Commanding Officer, Personnel Division, by the requesting officer's commanding officer.

FIELD ACTIVITIES

201. NOTIFICATIONS TO INVESTIGATING OFFICERS.  Back to top 

Officer's Responsibility. The senior officer at the scene shall immediately notify the watch commander of the Area of occurrence of the following:

  • A homicide or suspected homicide;

  • A crime of violence where the victim is likely to die;

  • An extortion or extortion threat;

  • A kidnapping;

  • Any crime which has the potential for attracting major press coverage;

  • Any crime where the facts indicate a connection to a Citywide problem; or,

  • Any information regarding a crime, wanted person, or arrest which requires an immediate follow‑up investigation.

Note: If possible, these notifications shall be made either by telephone or mobile digital terminal.

Watch Commander's Responsibility. When notified of any of the above, the watch commander shall assess the information and immediately make the appropriate notifications as follows:

  • The Commanding Officer, Robbery-Homicide Division, when there is a kidnapping with the potential for serious bodily injury or death;

  • The commanding officer of the concerned Area Detective Division;

  • The commanding officer of the division responsible for investigating the crime; or,

  • Detective Support and Vice Division when the concerned investigating division is closed.

Area Detective Division, Commanding Officer's Responsibility. The Area Detective Division commanding officer, after consulting with the Area commanding officer, shall be responsible for contacting the appropriate specialized detective division commanding officer to discuss responsibility for the investigation of a crime when:

  • The investigation may exceed the personnel resources or expertise available within the division;

  • The crime may attract major press coverage; or,

  • The circumstances indicate a connection to a major Citywide problem.

201.30 IMMEDIATE FOLLOW ‑ UP INVESTIGATION. The concerned investigating division shall be notified immediately if information regarding a crime, wanted person, or arrest requires an immediate follow‑up investigation. When a telephonic notification should be made to an investigative unit and that unit is not available, the notification shall be made to Detective Support and Vice Division.

201.35 ARREST NOTIFICATION. The investigating supervisor advising a felony booking shall, without unnecessary delay, notify the responsible investigative unit of such booking by telephone or teletype unless:

  • The arrest report is completed in the division where the responsible investigative unit is located; OR,

  • The booking is advised by an investigating supervisor assigned to the responsible investigative unit.

201.37 NOTIFICATION TO PAROLE AGENCY AND REQUEST FOR HOLD.

Notification. When a parolee is to be booked on a felony charge, the arrestee's parole officer or, if unavailable, parole agency shall be promptly notified by the watch commander approving the booking.

Note: Notification to California Youth Authority is necessary only when a hold is requested.

When it is discovered after booking that a felony arrestee is on parole, the jail supervisor shall immediately notify the first available officer in the following sequence, who shall be responsible for the notification:

  •  The investigating officer;

  •  The investigating officer's supervisor; and,

  •  The watch commander of the arresting officer's Area/division.

Detective Support and Vice Division shall, when notified by the Los Angeles Sheriff's Department that a prisoner arrested by LAPD is on parole, notify one of the above officers in the proper sequence.

Request for Hold. Any information which would tend to justify the placing of a hold shall be relayed to the parole officer at the time of notification.

Reports. The officer responsible for notification shall cause the parole status, notification, and the hold information to be recorded on the Arrest Report, Form 05.02.00, or on a Follow‑up Report, Form 03.14.00, if the arrest report has been distributed.

Subsequent Request for Parole Hold. When a request for parole hold is initially denied by the parole agency, additional requests may be made based on additional information. Such requests shall be recorded on a Follow‑up Report, Form 03.14.00.

201.60 DISTRIBUTION OF ARREST AND EVIDENCE REPORTS-NARCOTICS INVOLVED. When an arrest or seizure of evidence resulting from a narcotics-involved investigation is made by officers outside their bureau of assignment, they shall cause a copy of the arrest and/or evidence reports to be delivered to the respective Gang and Narcotics Division, Field Enforcement Section based in the Operations Bureau of their assignment.

201.65 PROPERTY SEIZED SUBJECT TO FORFEITURE.  Officers who seize property for forfeiture in accordance with Section 11470 of the Health and Safety Code must notify the Asset Forfeiture Coordinator, Gang and Narcotics Division (GND).

Currency Appears to be Less Than $10,000 or Personal Property of Any Value.

Officer's Responsibilities.  When an officer seizes narcotics-related currency less than $10,000 or personal property, the officer will:

 

  • Request a supervisor;

  • Contact Asset Forfeiture Investigative Detail (AFID) during office hours.  If AFID is closed, they can be contacted through Real-Time Analysis and Critical Response (RACR) Division;

  • Photograph the currency at the location(s) where the currency was discovered (e.g., inside a kitchen drawer, on a desk inside the master bedroom);
  • Conduct a money count in the presence of a supervisor;
  • Make an effort to determine ownership of the seized asset or currency;
  • Complete a Field Interview Report, Form 15.43.00, on all persons who are present, including minors;
  • If possible, determine how the possessor obtained the seized asset (e.g., holding for a friend, making a purchase)
  • Ensure that a Receipt for Property Taken Into Custody, Form 10.10.00, is issued;
  • Include the name and serial number of the supervisor that responded to the scene on all reports;
  • Include the name and serial number of the AFID employee contacted for advice on all reports;
  • Forward a copy of the entire completed Arrest Report/Property Report (including search warrant if applicable) to AFID by completing the "extra copies" section and write "Asset Forfeiture, GND" on the left margin; and,
  • Complete booking into evidence as advised by the AFID employee.

Note:  With all non-currency seizures, contact AFID prior to moving the seized property.  Vehicles subject to forfeiture require AFID approval and should not be impounded, but transported to an AFID approved secure location.

Supervisor's Responsibilities.  A supervisor will respond when an officer reports narcotics-related currency, and will ensure the following:

 

  • If the currency appears to be less than $10,000, witness the money count;
  • Ensure that currency found in separate locations are not commingled (to preserve trace narcotics evidence); and,
  • Ensure that each found currency location is documented in the completed Arrest Report/Property Report.

Value of Currency Appears to be in Excess of $10,000.

Officer's Responsibility.  Officers seizing narcotics-related currency having value that appears to be in excess of $10,000 will:

  • Not disturb or count the currency;

Note:  Generally, AFID will not respond if the currency has been disturbed or counted.

  • Immediately request a lieutenant to respond to the scene and notify the on-duty watch commander;

Note:  Although the presence of a lieutenant is encouraged, it is understood they are not always available.  At a minimum, the on-duty watch commander (sergeant or lieutenant) should respond to the scene.  Adhering to this practice minimizes the potential for impropriety and serious allegations of misconduct.  If the seizure is made pursuant to a search warrant, the seized assets must not be released, transferred or returned without advice from AFID.

  • Immediately notify AFID who will respond, if necessary, and may take custody of the currency;

  • Ensure a Receipt for Property Taken Into Custody, Form 10.10.00, is issued.

  • Make an effort to determine ownership of the seized asset or currency;

  • Complete a Field Interview Report, Form 15.43.00, on all persons who are present, including minors;

  • Photograph the currency at the location(s) where the currency was discovered (e.g., inside a kitchen drawer, on a desk inside the master bedroom);

  • If possible, determine how the possessor obtained the seized currency (holding for a friend, making a purchase);

  • Include the name and serial number of the responding lieutenant/watch commander on all reports;

  • Include the name and serial number of the notified and/or responding AFID employee on all reports;

  • When AFID employees transport currency to AFID, officers from the investigative entity must accompany them; and,

  • Forward a copy of the entire completed Arrest Report/Property Report (including search warrant if applicable) to AFID by completing the "extra copies" section and write "Asset Forfeiture, GND" on the left margin.

Supervisor's Responsibilities.  A supervisor will respond when an officer reports narcotics-related currency, and will ensure the following:

  • If the value of the currency appears to be in excess of $10,000, ensure the currency is not disturbed or counted; and,
  • Immediately notify a lieutenant or the acting watch commander for their required response to the scene.

Note:  Should the responding supervisor determine it is unsafe to remain at scene, AFID should be contacted and will provide advice on how to minimize the potential for the destruction of evidence.  The supervisor will bulk transport currency to the Area station.  The supervisor must secure the currency in the trunk of his/her vehicle and the investigating officers will escort the supervisor to the station.

Watch Commander's Responsibility.  The watch commander will respond to all scenes involving the seizure of narcotics-related currency which appears to be in excess of $10,000.

201.70 COMPLAINTS MADE AGAINST ARMED FORCES PERSONNEL. A complaint against a member of the Armed Forces shall be reported on an Employee's Report, Form 15.07.00, except when the complaint results in an arrest or crime report. The Employee's Report shall be forwarded to the Liaison Officer, Detective Support and Vice Division.

201.73 REPORTING THE ATTEMPT SUICIDE, DEATH OR SERIOUS ILLNESS/INJURY OF ARMED FORCES PERSONNEL. When a deceased or seriously ill or injured person requiring hospitalization is identified as a member of the Armed Forces of the United States (Manual Section 4/615.10), or when a member of the Armed Forces of the United States attempts suicide, a telephonic notification shall be made to the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), by the officer reporting. The notification shall, when practicable, include:

  • Division reporting;

  • Reporting officer's name and serial number;

  • Location where reports were made;

  • Name, rank, and serial number of the service member;

  • Branch of service;

  • Name and location of service member's organization;

  • Location, date, and time of death, illness, or injury;

  • Whether wearing civilian clothes or uniform; and,

  • Location to which service member was removed.

The foregoing information shall also be included, when practicable, in the Death Report, Form 03.11.00.

201.75 ARMED FORCES PERSONNEL NOT BOOKED-RELEASED TO ARMED FORCES POLICE UNITS. When officers release Armed Forces personnel directly to Armed Forces police units without making a booking, a telephonic notification shall be made to the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), giving the reason for detention and release, the Armed Forces police unit receiving, and the service member's:

  • Name, rank, and serial number;

  • Branch of service;

  • Organizational unit and location;

  • Dress (uniform or civilian clothes); and,

  • Duty status (on pass, on order, AWOL, deserter).

201.80 LAW ENFORCEMENT OFFICERS VISITING FROM OTHER JURISDICTIONS. Officers of this Department shall telephonically notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), when they become aware that a law enforcement officer in one of the below categories is conducting police business within the City:

  • Law enforcement officers assigned to jurisdictions outside the State who are conducting police business within the City; and,

  • Law enforcement officers assigned to jurisdictions within the State, but outside of Los Angeles County, who will be conducting police business within the City in excess of 24 hours.

The following information concerning an officer from another jurisdiction shall be furnished to the Department Command Post, Real-Time Analysis and Critical Response Division (RACR):

  • Officer's name, agency, and detail;

  • Officer's local address and phone number;

  • Officer's business address and phone number;

  • Los Angeles Police Department officer's name, unit of assignment, and extension;

  • Purpose of officer's visit; and,

  • Estimated date and time of officer's departure.

Note: Recordation of an officer's information, does not fulfill the requirement of out‑of‑jurisdiction officers who request authority to act as peace officers within the City (Manual Section 4/215).

202. FIELD INTERROGATION.

202.01 FIELD INTERVIEWS. When an officer questions a person in the field, he/she may record the details of that interview on a Field Interview Report, Form 15.43.00. Specific facts which tend to indicate criminal activity shall be indicated on the report.

A Field Interview Report shall be completed for all arrested persons.

Exception: When persons are arrested for plain drunk, begging, or a misdemeanor traffic warrant, a Field Interview Report need not be completed, unless there are indications of possible involvement in other criminal activities.

Note: Detailed birthplace information (to include city, county, state, and country) shall be recorded on the Form 15.43.00 prior to booking all arrestees.

202.02 FIELD DATA REPORTS/COMPLETION AND TRACKING.

Officer’s Responsibility. Officers shall complete a Field Data Report (FDR), Form 15.43.01 for every person who meets the required criteria. (See Manual Section 5/15.43.01.) Officers shall also provide the person with an official Department business card in accordance with Manual Section 4/296.01. The business card shall include the date and time of the stop and the last four digits of the related incident number.

Note: Employees who are issued a Department Personal Data Assistant (PDA) shall complete the reports electronically in lieu of completing a written Field Data Report.

Recording FDRs on Field Activity Logs. Officers shall record each stop, the number of persons contacted during the stop and the number of completed FDRs associated with the stop in the Daily Field Activity Report (DFAR), Form 18.31.00, or appropriate log used by specialized divisions to record field activities. Each stop and associated contact and FDR information shall be recorded separately on the log.

Note: Abbreviated notation “C-#” shall be used to record the number of persons contacted during the stop and “F-#” to record the number of FDRs completed. Example, a notation of “C-3/F-2” would indicate that three persons were contacted during the stop but only two met the criteria for completion of an FDR.

Recording FDRs on Arrest/Investigative Reports. Officers who complete an FDR in association with an Arrest or Investigative Report, shall include the FDR number on the face sheet of the report in the box designated “Connecting Reports.”

Recording FDRs on Field Interview Reports. When an FI is completed on a person in association with a stop, which requires the completion of an FDR, the notation “FDR” and its reference number shall be written in the narrative portion of the FI.

Submitting FDRs for Supervisory Review. Completed FDRs shall be attached to the DFAR or other appropriate log and submitted at the end of watch. In instances where a log is not completed, the FDRs shall be submitted daily to a supervisor designated by the commanding officer.

Voiding an FDR. If there is an error on an FDR, the FDR must be voided and a replacement completed. However, if information was omitted and the FDR can be corrected by filling in missing information, no void is necessary. Voided FDRs shall have “VOID” written in uppercase letters across both the original and goldenrod copies. The officer’s initials, serial number and the date shall be placed on the voided form. The original (white copy) of the voided FDR shall be attached to the DFAR or other appropriate log and submitted at the end of watch. The goldenrod copy shall remain in the FDR book.

Note: If a new FDR is completed, the FDR reference number of the new FDR shall be written on the back of the voided FDR, both white copy and goldenrod copy.

Personnel Assigned Entry of Voids. Voided FDR numbers shall be entered into the “STOP” application, via the LAN, by employee(s) within five working days from when they were submitted. When an FDR is submitted as “VOID,” it shall be forwarded, via intradepartmental mail to Information Technology Division (ITD), for filing without a batch cover sheet.

Note: As a reminder, officers shall complete all FDRs, and voids, in blue or black ink. No substance shall be applied to FDRs (i.e., correction fluid or tape).

Correcting Errors. Officers shall check the “STOP” Application for errors on a daily basis. If errors are present, officers shall immediately make the necessary corrections. A Manual entitled “STOP” Application Manual is available to guide employees through the correction process and is available from ITD or on the LAN, located under the “STOP” Application icon.

Returning FDR Books. Completed FDR books shall be submitted to a supervisor for approval. When an officer transfers to another command, all FDR books in his/her possession shall be submitted to a supervisor in the command from which the books were obtained.

Note: Officers shall not share their assigned FDR books with other officers. The FDR books shall be issued, turned-in, and maintained only at the officer’s permanent division of assignment. An officer on loan to a division shall use an FDR book issued from his/her division of assignment.

Supervisor’s Responsibility. Supervisors reviewing completed FDRs shall:

  • Ensure that each FDR is properly completed in accordance with the “STOP” Application Manual;

  • After reviewing the FDR, place his/her serial number in the space provided at the bottom of the form;

Note: Care shall be taken when writing the serial number to not exceed the provided space and interfere with bubbles above.

  • Check completed FDR books and account for the goldenrod copy of each completed FDR;

  • Forward reviewed FDRs and completed FDR books to the FDR Coordinator; and,

  • Ensure that officers check the “STOP” Application on a daily basis and make corrections immediately. 

Watch Commander’s Responsibility. Watch commanders are responsible for ensuring that all employees on their watch adhere to the provisions of the “STOP” Application Manual and shall:

  • Use the supervisor’s reports in the “STOP” Application to monitor the most common mistakes and the time taken to correct them; and,

Note: The “STOP” Application Manual contains instructions for accessing and printing the supervisor’s reports.

  • Conduct accuracy audits for proper completion of FDRs by officers and the appropriate review by supervisors. 

Field Data Report Coordinator. Each geographic Area and each specialized division shall have an employee designated as the Field Data Report Coordinator. Watch commanders or assistant watch commanders shall not be designated as FDR coordinators.

Field Data Report Coordinator Responsibility. The Field Data Report Coordinator shall:

  • Issue FDR books to all officers;

  • Maintain an adequate supply of FDR books;

  • Prepare completed FDR books for records retention and storage per Department Manual Sections 2/332.20 and 5/050.08;

  • Maintain and update the Record of Field Data Report Books, Form 15.43.02;

  • Train new personnel in the proper completion of the FDR form and use of the “STOP” Application;

  • Update the FDR book database in the “STOP” Application by entering the book numbers when books are issued, completed and returned or when reissued;

Note: If any FDRs in the returned books are unused, the number of unused FDRs shall be recorded on the front cover of the book, in brackets, next to the “Supervisor Approving” line, prior to reissue.

  • Record the FDR book number of each FDR book received from the Department of General Services, Distribution Center;

  • Conduct random audits to ensure that FDRs are being properly completed;

  • Count and batch approved FDRs with a cover sheet available in the “STOP” Application;

Note: Care shall be taken that the FDRs are counted correctly when making a batch. There is no minimum number required to make a batch; however, a batch cannot exceed 75 FDRs.

  • Forward FDR batches daily, via interoffice mail, to:

Information Technology Division (ITD)

Attn: Data Entry Section, Field Data Reports

1149 S. Broadway, Basement Level

Los Angeles, CA  90015

Mail Stop 447

Note: When the FDR Coordinator is on regular days off, the batches can be forwarded to ITD upon his/her return. If the absence is in excess of five days, the commanding officer shall appoint another employee to perform the Coordinator’s duties.

Commanding Officer’s Responsibility. Commanding officers are responsible for ensuring that all employees in their command adhere to established guidelines for FDRs, and shall:

  • Appoint an employee as the Area or division FDR Coordinator;

  • Ensure each officer under his/her command is issued an FDR book;

  • Establish appropriate controls for the issuance, maintenance and storage of FDR books; and,

  • Retain completed FDR books in accordance with the Department’s Records Retention Program.

Information Technology Division Responsibility. The ITD shall:

  • Send out batches of FDRs to an outside source for scanning;

  • Track and reconcile the FDRs sent out and those received from the outside source; and,

  • Process and maintain FDR data in an appropriate electronic database.

Commanding Officer, Information Technology Division’s Responsibility. The Commanding Officer, ITD, shall maintain a database of Field Data Report information and ensure that Field Data Reports are processed and maintained in an appropriate file.

202.07 FEDERAL PRIVACY ACT - SOCIAL SECURITY NUMBER DISCLOSURE STATEMENT DURING FIELD DETENTION. When the Social Security number is requested in field situations, the following disclosure statement shall be made to the subject:

Federal law requires that you be informed, when asked for your Social Security number, that it must be provided for use in identification. Authority for requiring this information is based upon field interview procedures operational prior to January 1, 1975.

Note: If impractical to give before, this statement may be given after the Social Security number has been obtained.

Exception: In release‑from‑custody (RFC) situations, the statement is not required. (It is preprinted on the arrestee's copy.)

202.10 INTERROGATION OF SUSPECTS - ADMONITION OF MIRANDA RIGHTS. Generally, Department employees should not conduct a custodial interrogation once a suspect in custody unequivocally invokes either the right to silence or the right to an attorney. 

 

Note:  If the suspect only invokes silence, this does not preclude investigators from seeking a waiver at a later time, as allowed by law. 

 

When a major crime is involved, an officer shall not read the Miranda admonition to a suspect or question a suspect prior to consulting with the investigating officer (I/O) conducting the criminal investigation.  Such cases include, but are not limited to, the following:

 

·           Homicides;

·           Crimes against persons resulting in injuries that require hospitalization of the victim;

·           Crimes, excluding narcotics, that are the responsibility of a specialized detective division (e.g., bank robbery, arson, child abuse, etc.);

·           Major narcotics cases that require specialized expertise (e.g., methamphetamine labs, etc.);

·           Felony wants/warrants, including fugitives; and,

·           Any crimes that require extensive follow-up investigations.

 

For all other crimes, the arresting officer(s) or other assigned employee(s) should attempt to obtain a statement from an in-custody suspect after providing the Miranda admonition, unless otherwise directed by his/her watch commander or commanding officer. 

 

Interrogating Officers – Responsibilities.  When officers are conducting a custodial interrogation, the following procedures shall be followed:

 

·           Officers shall read the Miranda admonition verbatim as delineated in the Officer’s Notebook, Form 15.03.00;

 

         Note:  Courtroom testimony shall also reflect that the Miranda admonition was read verbatim to the suspect.

 

·           Officers shall document the suspect’s responses to the Miranda admonition in the appropriate report;

·              If the suspect does not unequivocally invoke his/her rights to silence and/or an attorney, the I/O shall conduct a non-coercive interrogation;

·              If the suspect unequivocally invokes his/her rights to silence and/or an attorney at any time during the custodial interrogation, the officer should stop any questioning regarding the crime for which the suspect is in custody; and/or, 

 

Exception:  An I/O may conduct non-coercive questioning on matters related to public safety, e.g., location of a victim during a kidnapping or medical condition, location of a weapon, etc; or, matters unrelated to the crime for which the suspect is in custody, e.g., crimes in the area, local gang activity, etc. 

 

·              Any statements made by the suspect shall be documented in the appropriate report.

 

Note:  Officers are not required to wait for a parent or guardian prior to the questioning of a juvenile.  However, officers shall ensure that proper Gladys R. procedures are followed when interrogating minors under the age of 14.

 

202.20  INTERVIEWING ADULT AND JUVENILE ARRESTEES FOR ADMINISTRATIVE INVESTIGATIONS.  The criminal investigation shall take precedence over the administrative investigation, e.g., use of force, vehicle pursuit, personnel complaint investigation, etc.; nevertheless, a Department employee conducting an administrative investigation should attempt to interview the suspect for administrative investigations. 

 

When conducting a custodial interview of a suspect for an administrative investigation, the following procedures shall be followed:

 

·              When a major crime is involved, as identified in Manual Section 4/202.10, the administrative I/O shall coordinate with the criminal I/O to conduct the administrative interview.  If no major crime is involved, the administrative I/O should proceed, when practical; 

·              Prior to any questioning, the administrative I/O shall determine if the suspect had been read the Miranda admonition and the suspect’s responses;

·              If the suspect had not been read the Miranda admonition, the administrative I/O shall read the Miranda admonition verbatim as delineated in the Officer’s Notebook and document the suspect’s responses to the Miranda admonition in the appropriate report;

·              If the suspect does not unequivocally invoke his/her right to silence and/or an attorney, the I/O shall conduct a non-coercive administrative interview;

·              If the suspect does unequivocally invoke his/her right to silence and/or an attorney, the administrative I/O should advise the

         suspect that the interview is for a Department administrative investigation, ask the suspect if he/she will answer questions for

         the administrative investigation, and conduct a non-coercive administrative interview only if the suspect agrees to be

         interviewed; and,

 

·                 The administrative I/O shall document any statements made by the suspect in the appropriate administrative report or in a Follow-Up Investigation, Form 03.14.00, if the interview occurs after the completion of the initial reports. 

 

Note:  The report shall include the date and time of the interview, the name of the person(s) interviewed and the name of the Department employee who conducted the interview.  The report shall also include when the statements were given, e.g., after the Miranda admonition, after the administrative interview advisement, etc.  This report shall be provided to the criminal I/O and shall list the original crime/arrest Division of Records number as a related report. 

 

202.30  ADVISEMENT OF CONSTITUTIONAL RIGHTS PER WELFARE AND INSTITUTIONS CODE 625 - MINORS

 

When an officer takes a person under the age of 18 (minor) into temporary custody for a 601 or 602 WIC offense and does not intend to interrogate the minor for a 601/602 WIC offense, the officer must advise the minor as follows:

 

·                 You have the right to remain silent;

·                 Anything you say may be used against you in court;

·                 You have the right to the presence of an attorney before and during any questioning;

·                 If you cannot afford an attorney, one will be appointed for you, free of charge, before any

          questioning, if you want.

 

The officer will not ascertain if the minor understands his rights and will not seek a waiver.  The 625 advisement may be given anytime during the period that the minor is in police custody.  Officers should be aware of the Six-Hour Rule when conducting the interrogation of a minor in custody.

 

Note:  Providing the Miranda admonition for interrogation purposes will fulfill the 625 WIC requirement.

 

An advisement per 625 WIC must be given in, but is not limited to, the following situations:

 

·                    Any minor taken into temporary custody/arrested by the Los Angeles Police Department on a 602

            WIC offense where investigative responsibility lies with another division or police agency;

·                    Any minor arrested on a 601/602 WIC warrant or 602 WIC offense, wherein the investigator assigned to that case would be unable to interrogate the minor prior to the expiration of the Six-Hour Rule; and,

·                    Any minor detained on a 601/602 offense who is not booked but is placed in handcuffs, placed in the back of a police vehicle, transported by a police officer, or placed in some other situation that would indicate a restraint on the freedom of movement of such degree associated with a formal arrest.

 

Documentation.  The officer must document in the narrative portion of the arrest report, “The minor was advised per 625 WIC.”  If the minor was detained and issued a (Traffic) Notice-To-Appear, Form 04.50.00, “625 WIC” must be printed on the bottom left-hand corner of the narrative portion of the citation.  If the minor was detained and no formal arrest was made nor a citation was issued, then the 625 WIC admonition may be documented on the Daily Field Activities Report, Form 15.52.00; Sergeant’s Daily Report, Form 15.48.00; Watch Commander’s Daily Report, Form 15.80.00; or, in the investigating officer's Detective Case Tracking System (DCTS) notes.

 

GLADYS R. ADMONITION.  When a minor under the age of 14 years is suspected of committing a crime, and the officer plans on interrogating the minor, the minor’s section of the Gladys R. questionnaire shall be completed after the Miranda admonition has been given, but before the questioning begins.  The parent, guardian, or other responsible adult section may be completed anytime prior to filing the case with the District Attorney's office.  The purpose of the Gladys R. questionnaire is to assist the District Attorney’s office in proving that the minor understood the wrongfulness of his/her act.

 

Every effort should be made to locate and interview the parent, guardian or other responsible adult having contact with the minor to complete their section of the Gladys R. questionnaire prior to filing a criminal case with the District Attorney’s office.

 

If a parent or guardian refuses to be interviewed or cooperate, and no other responsible adult having contact with the minor can be located and/or refuses to be interviewed, the word “Refused” should be written next to the parent/guardian name on the form, and the circumstances surrounding the refusal shall be documented on a Follow-up Investigation report.  A copy of the Follow-up Investigation report shall be submitted to the District Attorney’s office at the time of filing.

 

Note:  A Gladys R. questionnaire is not required if the minor is only being admonished per 625 WIC.

 

DOCUMENTATION OF CUSTODIAL AND NON-CUSTODIAL INTERROGATION – ADULTS AND JUVENILES.  Custodial interrogations, or any statement that requires a signature, should be documented on the Investigative Action/Statement Form, Form 3.11.20.  Non-custodial statements should be documented on a Continuation Sheet, Form 15.09.00, or a blank sheet of paper. 

 

Note:  Officers shall refer to the General Reporting Instructions, Field Notebook Divider, Form 18.30.00, for directions on completing Investigative Action/ Statement Forms.

 

202.60 IDENTIFICATION NECESSARY TO OBTAIN RECORDS AND IDENTIFICATION INFORMATION. An officer requesting information from Records and Identification Division by telephone shall identify himself by name and serial number and shall obtain the name of the person to whom he/she speaks.

202.64 WANT, RECORD, AND VEHICLE REGISTRATION INFORMATION. The following words shall be used in requesting information concerning suspects and vehicles:

Want (Suspect):  To determine any want or hold on the suspect.

Record:  To determine any want, hold, or criminal record on the suspect.

Want (Vehicle):  To determine whether a vehicle has been stolen, impounded, or is wanted by the police for any reason.

DMV (Department of Motor Vehicles):  To obtain information regarding the registration of the vehicle.

202.80 DUE DILIGENCE REQUIREMENT.

Arresting Officer's Responsibility. Whenever a suspect is arrested, it shall be the responsibility of the arresting officer, prior to booking, to verify whether the arrestee is the subject of an arrest warrant.

Exception: It shall be the responsibility of the personnel at the concerned jail facility to check arrestees for warrants, subsequent to booking, when an arrestee is:

  • Booked at a field jail unit; or,

  • Transported to Metropolitan Jail Section via a "B" wagon and booked 647f P.C. (Plain Drunk).

Arresting officers shall determine whether the information given to the detention officer by an arrestee is the same information used by the arresting officer who checked the arrestee for warrants. When any discrepancy is noted, the arresting officer shall use the new information to recheck the arrestee for warrants (Manual Section 4/725.09).

203. PRELIMINARY FIELD INVESTIGATION AND REPORTS.

203.05 CRIME SCENE LOG. This form is used to record information regarding all persons entering or assigned to a major crime scene. The form will be initiated by the first unit at the scene and continued by the unit handling the call.

Upon completion, the form shall be given to the concerned investigating officer.

203.10 POLICE CUSTODY ADVICE FOR SERIOUSLY ILL OR INJURED FELONY SUSPECTS WHO ARE HOSPITALIZED AT A LOCATION OTHER THAN LAC ‑ USC MEDICAL CENTER. When a felony suspect is hospitalized and his condition prevents a transfer to the Jail Ward of the LAC‑USC Medical Center, the investigating officers shall immediately conduct a preliminary investigation to determine whether it is imperative that the arrestee be placed in police custody. If police custody is determined to be necessary, the investigative watch commander shall be notified for the purpose of ensuring that such custody is provided. An additional notification to the Department Command Post shall be made for the purpose of completing the 24‑Hour Occurrence Log.

Note: When the investigating officers are not available, the investigative watch commander shall cause the preliminary investigation and determination to be made. (See also Manual Section 4/602.10)

203.12 CITY ATTORNEY DISCLOSURE STATEMENT. Officers shall complete a City Attorney Disclosure Statement, Form 05.02.09, for every adult felony and misdemeanor arrest report completed.

Exception: Officers involved in an investigation resulting in the completion of a juvenile arrest report or a homicide arrest report are exempt from these requirements.  Acceptable exemptions are limited to:

  • Threats or possible danger to the safety of a victim or witness;

  • Possible loss or destruction of evidence; or,

  • Possible compromise of other investigations by law enforcement.

Officers’ Responsibility. Only officers completing felony or misdemeanor arrest reports shall read and sign the City Attorney Disclosure Statement, Form 05.02.09. Other officers involved in the arrest shall be listed under part five of the Form 05.02.09.

Note: Mere presence at the scene of an incident does not require the listing of an officer's name. An involved officer is one who can offer substantive testimony regarding the matters specified in the Disclosure Statement. If there is any doubt as to whether or not an officer or any other witness should be listed, they should always be listed.

The Disclosure Statement shall be attached (not stapled) to the arrest report; however, it shall not be a page of the arrest report.

Officers completing the Disclosure Statement shall not alter or modify the form in any way.

Supervisor’s Responsibility. Supervisors shall ensure that a City Attorney Disclosure Statement is signed and attached (not stapled) to all arrest reports, and that the Disclosure Statement has not been altered or modified in any way.

Detectives’ Responsibility. When detectives receive a felony arrest report, they shall keep the Disclosure Statement in the Detective's Case Envelope, Form 15.15.00, or other appropriate case envelope.

Note: The City Attorney Disclosure Statement shall not be included in reports presented to the District Attorney for felony filings.

If the arrest is for a felony, but at the time of filing the District Attorney refers the case to the City Attorney or the case is otherwise reduced to misdemeanor status, the detective shall remove the Disclosure Statement from the case envelope and submit it with the arrest report to the City Attorney for filing.

203.15 COMBINED REPORTING. An employee conducting a preliminary investigation may combine the following reports, as appropriate:

  • Combined Crime and Arrest Report (Manual Section 4/216.14);

  • Combined Evidence and Arrest Report (Manual Section 4/216.15); and/or,

  • Combined Evidence and Investigative Report when up to three items of evidence are booked, the reporting employee shall:

    • Check the "Combined Evidence" checkbox at the top of the Investigative Report;

    • Complete the "Combined Evidence Report" section on the face of the report;

    • Enter details relating to the evidence in the narrative of the Investigative Report; and,

    • Forward a copy of the Investigative Report face sheet with the evidence.

     

  • Combined Evidence and Investigative Report when a firearm or more than three items of evidence are booked, the reporting employee shall:

    • Check the "Combined Evidence" checkbox at the top of the Investigative Report;

    • Complete the shaded areas of the Property Report, including details and listing of the evidence;

    • Number the Property Report as the last page of the Investigative Report; and,

    • Forward a copy of the Property Report, stapled to the Investigative Report face sheet, with the evidence.

Exceptions: A Combined Evidence and Investigative Report shall not be used when:

  • The Evidence is related to previously booked evidence.

Note: In this case, a separate Property Report shall be completed in its entirety. The original DR number shall be used, and the items shall be numbered starting with the next sequential item number.

  • The evidence is booked to other than the primary victim of the Investigative Report (i.e., the victim listed at the top of the Investigative Report.);

  • Reporting additional license plates.

Note:  One plate, or set of plates, may be reported using the combined procedure. Each additional plate, or set of plates, requires a separate report with a separate DR number. (Manual Section 5/040.56)

  • The booking employee's supervisor determines that the use of a separate complete Property Report would be a more expedient means of booking the evidence under the given circumstances.

203.20 INVESTIGATION BY FIELD UNITS. Field units assigned to calls or discovering incidents requiring reports, except as prescribed in Manual Section 4/203.30, are responsible for the preliminary investigation and the preparation of all necessary reports. The preliminary investigation must include, whenever applicable, canvassing the area for additional witnesses.  Additionally, the canvassing efforts and results must be documented under the “Canvassing” heading in the narrative of the report.  In those instances where concerned investigating officers or specialized units respond to the scene and desire to conduct the preliminary investigation, they will notify the assigned unit that they are taking over at that time and will prepare all necessary reports. The unit thus relieved will then:

  • Give the investigative unit all pertinent evidence or information in their possession;

  • Prepare an Investigative Action/Statement Form and provide it to the primary unit, if required;

  • Assist the investigating officers where necessary or requested;

  • Assist in the preparation of the reports when necessary to maintain continuity of evidence, or, when requested by the investigating officers, to assure complete and accurate reporting;

  • Make appropriate entries on the Daily Field Activities Report, Form 15.52.00, as to the disposition of the call and the identity of the investigative unit relieving them; and,

  • Return to their prior assignment when no further assistance is required by the investigative unit.

Note: If the area has not been canvassed and concerned investigating officers or specialized units respond to the scene and take responsibility for conducting the preliminary investigation then they will be responsible for canvassing the area.

Note:  Dead‑body calls (except traffic) must be handled as prescribed in Manual Sections 4/238.40 and 4/238.83. Abortion investigation‑calls must be handled as prescribed in Manual Section 4/212.12.

203.21 INVESTIGATIVE ACTIONS

Sworn Personnel Responsibilities.  Sworn personnel making separate significant contributions to an investigation (other than primary officer) shall:

  • Document their actions and observations on an Investigative Action/Statement Form, Form 03.11.20; and,

  • Upon completion, provide the Investigative Action/Statement Form to the primary officer, to be included with and numbered as a page of the original report.

Note:  If two partner officers are involved in a situation in which their individual actions / observations that are indistinguishable (e.g., same time, place, etc.), a single form is appropriate.  If additional space is needed, a Continuation Sheet, Form 15.09.00, shall be used.

Exception: If the officer is not responsible for any significant portion of the investigation (i.e., the officer stood a perimeter guard post), no officer statement is needed.  The at-scene supervisor shall have the final decision as to whether a responding officer, regardless of division of assignment, shall complete an Investigative Action / Statement Form.

Primary / Arresting Officer’s Responsibilities.  When documenting the statement of an officer's actions/ observations, it is not necessary to re-write everything contained within the statement.  Any information elemental to the crime and/or arrest shall be briefly paraphrased with a reference to the statement where the detailed information can be found.  The officer completing the report shall ensure that all Investigative Action/Statement Forms are included with and numbered as a page of the original report.

Example:  Officer Smith observed the handgun in the suspect's waistband (See statement of Officer Smith,

page no. 3).

Officers are reminded that, at the time of arrest, arresting officers must have specific knowledge of all elements of the crime for which the suspect has been arrested.  Officers should be able to articulate that knowledge, including how and when it was obtained, and shall document it within the report narrative.

Note:  Investigative Action/Statement Forms completed after distribution of the initial investigative report shall be attached to a Follow-Up Report, Form 03.14.00, and submitted to the concerned Records personnel for distribution to Records and Identification Division.

Exception:  Debriefing of suspects for intelligence purposes (not related to the investigation) shall be documented on a separate Investigative Action/ Statement Form, Form 03.11.20.  The debriefing statement shall be forwarded to the concerned investigative division and shall not be included as a page of the original report.

203.22 CASE SCREENING FACTORS. An employee conducting a preliminary investigation of an incident reportable on a Investigative Report, Form 03.01.00, shall check applicable boxes under the Case Screening Factor Section of the report. If all of the factors are present (all of the boxes are checked), "Short‑Form" reporting applies.

A Short Form Investigative Report may be taken when all of the following conditions exist:

  • Suspect/vehicle was not seen;

  • Prints or other evidence were not present;

  • MO was not distinct;

  • Property lost was less than $5000;

  • There was no serious injury to the victim; and,

  • There was only one victim.

If any of these conditions are not present, the Investigative Report shall be completed in its entirety.

203.23 STATEMENT DOCUMENTATION.  When documenting statements, either within the narrative of the associated report, on the Investigative Action/Statement Form, Form 03.11.20, or CHP Form 556 Supplemental Report, officers shall adhere to the following guidelines:

Verbatim Statements.  Verbatim statements shall be written in the first person and should resemble the wording of the interviewed individual as closely as possible.

Paraphrased Statements.  Paraphrased statements shall be written in the third person.  The interviewing officer may specifically quote words or phrases within a paraphrased statement by enclosing the words or phrases with quotation marks.

Additional Information.  Information not included elsewhere on the form should follow the statement narrative if not already covered in other areas of the report.  This information may include, but not be limited to:  LA, MAIN, CII Nos.  (rap sheets may be attached), description of interviewee's vehicle, gang affiliation, the interviewee's connection with the case, etc.  If additional space is needed, a Continuation Sheet, Form 15.09.00, shall be used.

Signature of Person Providing Statement. Investigating officers should, when appropriate, have the person(non-Departmental personnel) providing a statement sign and date the interview statement.  The following notation shall be included at the end of each statement prior to the signature:

 
"I have read my entire statement and to the best of my knowledge it is correct.  I made this statement freely and voluntarily." 

 

The officer shall have the person providing a statement initial before and after any corrections made to the text of the statement and at  the end of the last sentence on each page used to record the statement.

 

203.25 REPORTING INCIDENTS MOTIVATED BY HATRED OR PREJUDICE.

Hate Crime-Defined. A hate crime is any criminal act or attempt directed against a person(s), public agency or private institution based on the victim’s actual or perceived race, nationality, religion, sexual orientation, disability, gender or because the agency or institution is identified or associated with a person or group of an identifiable race, nationality, religion, sexual orientation, disability or gender. A hate crime includes an act which results in injury, however slight; a verbal threat of violence which apparently can be carried out; an act which results in property damage; and, property damage or other criminal act(s) directed against a public or private agency.

Hatred Incident-Defined. A hatred incident is any non-criminal act including words directed against a person(s) based on that person’s actual or perceived race, nationality, religion, sexual orientation, disability or gender.  Hatred incidents include, but are not limited to, epithets, distribution of hate material in public places, posting of hate material that does not result in property damage, and the display of offensive material on one’s own property.

Employee's Responsibility. A Department employee who becomes aware of a crime or incident motivated by hatred or prejudice shall:

  • Investigate the crime or incident in a timely manner;

  • Notify the watch commander, Area of occurrence;

  • Notify the Department Command Post (DCP), Real-Time Analysis and Critical Response Division (RACR), for inclusion of the crime or incident in the Chief of Police 24-Hour Occurrence Log and document the notification in the related report; and,

  • Complete the appropriate crime or arrest report(s) and check the “MOTIVATED BY HATRED/PREJUDICE” box. If the incident does not constitute a specific crime, the IR shall be titled “Hate Incident.”

The unwillingness of a victim to sign a report or the absence of the victim does not exempt an officer from the requirement to complete a IR.

Investigation by Field Units. Field units assigned to calls or discovering incidents motivated by hatred or prejudice shall:

  • Investigate the incident and take appropriate action;

  • Telephonically notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), of the incident; and,

  • Complete a Investigative Report (IR) and/or Arrest Report on all incidents motivated by hatred or prejudice and write "Motivated by Hatred or Prejudice" in the MO portion of the report.

If the circumstances of an incident do not provide the corpus delicti of a specific crime, a short form IR shall be completed and titled "Hatred Incident." In cases where there is no specific crime, do not list persons possibly responsible for the incident as suspects; such persons shall be listed in the "Involved Persons" section of the IR.

Note: A IR shall be completed whenever an officer becomes aware of any incident, whether criminal or non-criminal, which meets the criteria of an incident motivated by hatred or prejudice. The unwillingness of the victim of an incident motivated by hatred or prejudice to sign a report, or the absence of a victim to the incident, does not exempt officers from the requirement to complete a IR of the incident.

Watch Commander’s Responsibility. Upon notification that a crime or incident motivated by hatred or prejudice has occurred, the Watch Commander shall:

  • Review all reports for completeness, including the notification to DCP and cause the reports to be distributed as soon as possible, but no later than the end of watch;

  • Make an entry regarding the matter in the Watch Commander’s Daily Report, Form 15.80.00;

  • Forward a copy of the Watch Commander’s Daily Report entry along with a copy of the Sergeant’s log, documenting the contact with the victim to the Community Police Station (CPS) Hate Crime Coordinator; and,

  • Direct a sergeant to immediately respond to the scene of a major crime or incident motivated by hatred such as major property damage involved, injury to victim, or vandalism to a house of worship.

Records Unit’s Responsibility. Upon receipt of a crime or incident motivated by hatred or prejudice report, records unit personnel shall:

  • Enter the information into the Consolidated Crime Analysis Database (CCAD), including the “crime or incident motivated by hatred or prejudice” code; and,

  • Distribute the report(s) as soon as possible, but no later than 24 hours after the report is taken.  In addition to the established distribution, an extra copy of the IR and Arrest report shall be distributed to:

    • 1 – Detective Bureau

    • 1 – Criminal Conspiracy Section, Major Crimes Division

    • 1 – Community Relations Section, OCOP

    • 1 – Information Technology Division

Community Police Station Hate Crime Coordinator’s Responsibility. The Commanding Officer, Area Detective Division, is the Hate Crime Coordinator for his or her command and shall:

  • Assign a specific detective supervisor to coordinate the investigation of all hate crimes and incidents;

  • Ensure that a specific detective is assigned to investigate each crime or incident and that an appropriate response is provided to each victim including, but not limited to, compliance with the mandated ten day follow-up;

  • Ensure that each crime or incident is entered into CCAD properly; and,

  • Cause a monthly summary of all hate crimes and incidents to be prepared and forwarded to the bureau commanding officer through the Area commanding officer within two business days of the following month.

Detective's Responsibility. A detective assigned to investigate a crime or incident motivated by hatred or prejudice shall:

  • Contact the victim within ten calendar days of the crime or incident and reassure the victim of the Department’s commitment to identifying the suspect and obtain follow-up information;

  • Document any additional information on a Follow-up Investigation, Form 03.14.00;

  • Present all felony hate crime investigations in which the suspect is identified to the District Attorney Hate Crime Suppression Unit and, as appropriate, to the Office of the United States Attorney, Civil Rights Liaison for filing consideration;

  • Present all misdemeanor hate crime investigations in which the suspect is identified to the Special Enforcement Section, Office of the City Attorney, and as appropriate, to the Office of the United States Attorney, Civil Rights Liaison; and,

  • Provide the command’s Hate Crime Coordinator with a copy of all reports related to the incident.

Note: Upon receipt of a Form 03.14.00 indicating that a previously reported incident was determined in fact not to have been motivated by hatred or prejudice, that incident shall not be included in the statistics.

Area Commanding Officer's Responsibility. The Area commanding officer shall:

  •  Use all available resources in responding to community needs in combating hate crimes and incidents; and,

  •  Review and forward the monthly summary of hate crimes or incidents to the bureau commanding officer within two business days of receiving the monthly summary.

Bureau Commanding Officer’s Responsibility. The bureau commanding officer shall:

  • Review each subordinate command’s monthly summary of hate crimes or incidents;

  • Forward a copy of the monthly summaries to Detective Bureau (DB), Information Technology Division (ITD), and Criminal Conspiracy Section (CCS) within two business days of receiving the reports; and,

  • Initiate a semi-annual audit to verify the accuracy of each monthly hate crime summary submitted by subordinate commands and forward a copy of the audit to DB.

Personnel and Training Bureau Responsibility. Personnel and Training Bureau is responsible for providing Department personnel with training pertaining to the proper handling of crimes or incidents motivated by hatred or prejudice.

203.30 REPORT UNITS. Report units shall be requested and dispatched when practical:

  • On report calls at contract hospitals; and,

  • Upon the request of a radio unit assigned an A.D.W. report or 211 report call after the assigned radio unit has made the determination that a report only is required and that a report unit is available to take the appropriate report. The assigned radio unit shall cause any required initial broadcast of the crime to be made.

Radio units shall not request a report unit to complete the appropriate report when:

  • The perpetrator is apprehended; OR,

  • The robbery victim is a bank; OR,

  • It is impractical for the victim to remain at the scene for a report unit.

203.33 NOTIFICATION TO VICTIMS OF CRIMINAL ACTIVITY.

Officer’s Responsibility. When officers become aware of a threat or information affecting the safety of a witness or victim who is to testify in a criminal prosecution, they shall immediately:

  • Notify the investigating officer (I/O) who is assigned to the case, or the I/O's immediate supervisor or, in their absence, the Area watch commander; and,

  • Complete a Investigative Report (IR), Form 03.01.00 titled "Dissuading a Witness," containing the following information:

    • Date and time the information was received;

    • Name, address, and telephone number of the witness or victim being threatened;

    • Identity of the defendant in the case; and,

    • Identity of the person making the threat, and the nature of the threat, if known.

When the threat or information involves a witness or victim who is to testify in a criminal prosecution for which no I/O is assigned, officers shall immediately:

  • Ensure that the witness or victim is informed of the threat to his/her safety as soon as possible;

  • Document the threat on a IR containing the relevant information; and,

  • Document the date and time that the witness or victim was notified on a IR or a Follow-up Investigation, Form 03.14.00.

Note: The identity of the person(s) from whom the information was received shall not be noted on the IR if, in the opinion of the officer, a serious threat to their safety could ensue. The identity of the person(s) providing the information, and other relevant facts not included on the IR shall be documented on an Employee's Report, Form 15.07.00, stamped "Confidential" and forwarded with the IR. This does not preclude officers from disclosing to their commanding officer the identities of informants from whom the officers have received information, in accordance with Department Manual Section 4/733.10.

Investigating Officer’s Responsibilities. When investigating officers become aware of a threat, or information relating to the safety of a witness or victim who is to testify in a criminal prosecution, they shall immediately:

  • Ensure that the witness or victim is notified of the threat or information relating to his/her safety;

  • Inform the witness or victim of the District Attorney's CAL WRAP; and,

Note: The witness or victim shall not be advised of his/her eligibility for the program. The Bureau of Investigative Services, Los Angeles County District Attorney's Office, determines eligibility. If the witness or victim does not meet the eligibility requirements set forth by the Bureau of Investigative Services, the I/O shall contact the Department's CAL WRAP Coordinator (Assistant Commanding Officer, Chief of Detectives) for advice and assistance.

  • Document the notification and other relevant information on a Follow-up Investigation report or other appropriate report.

Watch Commander’s Responsibility. When an Area watch commander is advised of threats or information relating to the safety of a witness or victim who is to testify in a criminal prosecution, he/she shall immediately:

  • Ensure that the assigned I/O or the I/O's immediate supervisor is notified;

  • Ensure that the witness or victim is promptly notified of the potential threat to his/her safety; and,

  • Ensure that the incident, including time of notification of the affected witness or victim, is properly documented on an IR.

203.34 MARSYS LAW.

 

Officers Responsibilities.  Officers who complete an Investigative Report (IR) shall ensure the victim(s) or person reporting receives the person reporting's copy and the third page with the Marsy's Rights Card in English and Spanish.

 

Note:  If officers complete any crime report that is not documented on an IR (e.g., Stolen Vehicle Report, CHP Form 180; combined crime/arrest report; etc.), officers shall provide a Marsy's Law Card.

 

If officers complete any crime report telephonically, they shall mail, fax, or e-mail as an attachment, a Marsy's Rights Card to the victim.

 

Officers shall document whether a Marsy's Rights Card was provided to the victim(s) or person reporting at the time of the report, or whether it was mailed, faxed, or e-mailed to the victim.  The information shall be documented by either checking the appropriate box on the face sheet of the IR or Arrest Report, or documenting it in the “Additional” heading of any crime report.

 

Watch Commander's Responsibility.  When reviewing IRs, Arrest Reports, or any crime reports, watch commanders shall ensure that the officer(s) document whether a Marsy's Rights Card was provided to the victim(s) or person reporting and that they check the appropriate box on the IR or Arrest Report face sheet, or in the “Additional” heading of the IR, Arrest Report, or any crime report.  If a Marsy's Rights Card was not provided to the victim(s), the watch commander shall ensure one is provided, mailed, e-mailed or faxed and check the appropriate box on the face sheet of the IR or Arrest Report, or document it in the “Additional” heading of any crime report.

 

Area and Specialized Detective's Responsibility.  Area and specialized detectives shall verify that if a Marsy's Rights Card was not provided to the victim(s) or person reporting during the initial contact, one is provided to them during the follow-up investigation and documented on the Follow-Up Investigation Report, Form 03.14.00.

 

Commanding Officer's Responsibility.  Commanding officers shall ensure that patrol, detective, or administrative personnel provide Marsy's Rights Cards to all crime victims or persons reporting.

203.35 NOTIFICATION TO VICTIMS OF VIOLENT CRIMES. When a person is a victim of a violent crime (1), the report officer shall:

  • Issue the victim or member of the victim's family a completed Victim's Report Memo, Form 03.17.00, advising the victim, or family member, of the indemnification program, and of the City and District Attorney's Victim‑Witness Assistance Programs; and,

Note: Department employees providing indemnification information to victims or their families shall only inform them of the program's existence and refer them to the appropriate agencies. Employees shall not advise victims regarding their eligibility for the program.

  • Enter in the narrative portion of the report, the date and time the notification was made and the name, address, and relationship of the person notified.

Note: When the notification is not made, the reasons shall be included in the narrative of the report with any information which may aid an investigating officer in making this notification.

When a crime or traffic report indicates that the indemnification notification has not been made, the investigating officer shall:

  • Ensure that the victim or a member of the victim's family is issued a completed copy of the appropriate Victim's Report Memo; and,

  • Enter in the narrative portion of the Follow‑up Report, Form 03.14.00, or the Traffic Collision-Status Report, Form 04.16.00, the date, time, place, name, address, and relationship of the person notified.

[(1)The term "Crime of Violence" shall mean any crime committed by the use of force or fear OR any death or injury resulting from the operation of a motor vehicle, aircraft or water craft when such death or injury is:

  • Intentionally inflicted upon another, OR

  • Sustained by another as a result of a driver in violation of 20001 V.C., 23152 V.C., or 23153 V.C.]

203.36 DOMESTIC VIOLENCE/VICTIM INFORMATION NOTIFICATION EVERYDAY (DVV) PAMPHLET.

Officer’s Responsibility. Officers shall issue a DVV pamphlet to victims of violent crimes and all victims of domestic violence.

When an arrest is made for a violent or domestic violence crime, the arresting officer(s) shall advise the victim of the following:

  • The DVV information regarding the arrestee(s) will not be accessible until the arrestee(s) is booked into the Automated Justice Information System (AJIS);

  • Utilization of the DVV program by the victim is voluntary;

  • Not to depend solely upon the DVV program for their safety; and,

  • The arrestee’s booking number as soon as possible when the arrestee has a common name.

Exception: If an arrestee is released without booking, the arresting officer shall notify the victim of the release immediately.

Watch Commander’s Responsibility.

Report Narratives. When reviewing violent crime-related arrest reports and/or domestic violence reports, watch commanders shall ensure that the arresting/reporting officer(s) documents that a DVV pamphlet was provided to the victim, under the heading of “Additional Information” or indicated by marking the appropriate check box (e.g., Domestic Violence Supplemental Report).

Release from Custody. When an arrestee is eligible for release from custody, either by bail, bond, citation, 825 PC, 849(b)(1) PC, or a Notice to Appear/Release from Custody, the watch commander shall ensure the arrestee’s status is processed electronically through the AJIS prior to the arrestee’s physical release.

Release Prior to Booking. When an arrestee of a violent crime is released without booking, the watch commander shall ensure the arresting officer(s) notifies the victim immediately.

Assistant Commanding Officer, Administrative Services Bureau’s (ASB), Responsibility. The Assistant Commanding Officer, ASB, shall ensure that when any jail facility detention officer prepares a release from custody, whether it be via bail, bond, citation, 825 PC, 849(b)(1) PC, or a Notice to Appear/Release from Custody, the arrestee’s release is processed electronically through AJIS, prior to the arrestee’s physical release.

203.37 REQUESTING A SIGN LANGUAGE INTERPRETER. When coming in contact with a deaf or hard of hearing person, Department employees are required to provide effective communication. The length, importance, and complexity of the communication must be considered in determining how to achieve effective communication in a given situation. Use of pen and paper or gestures may suffice in establishing communication. When pen and paper or gestures is not effective, employees should request a professional Sign Language Interpreter (SLI). The City has contracted with an outside provider to furnish qualified professional SLIs who will usually respond within 45 minutes of a request.

Employee’s Responsibility.

Minor Incident. An employee coming into contact with a deaf or hard of hearing person when the contact is of a minor nature (e.g., traffic stop, completion of a basic crime report, etc.) should attempt to communicate effectively with the deaf or hard of hearing person by using a pen or paper, gestures, or by requesting a SLI via Communications Division.

Note: Generally, family members or friends of the deaf or hard of hearing person should not be used as an interpreter except in incidents that present a clear and immediate threat to the employee or public safety.

Serious/Complex Incident. An employee investigating a serious incident (e.g., a complex investigation, investigation requiring Miranda admonition, test measuring alcohol consumption, arrest, etc.) involving a deaf or hard of hearing person should request a professional SLI via Communications Division to ensure effective communication.

Note: An SLI is not needed to effect an arrest. However, if an SLI is determined to be necessary to communicate effectively, a professional SLI shall be requested to the scene, or to a follow-up location (e.g., police station, Jail Division).

Mandatory Use. Regardless of the complexity of the incident, officers shall request a professional SLI via Communications Division when one of the following conditions exist:

  • Efforts fail to establish effective communication; or,

  • The deaf or hard of hearing person requests a professional SLI.

Scheduled Events. For scheduled events, employees may request a professional SLI via the City’s Department on Disability, 72 hours prior to the event.

Sign Language Interpreter Response/Arrest Advisement. Anytime an employee requests a professional SLI, the requesting employee should complete and issue the Deaf/Hard of Hearing Communication Card advising the deaf or hard of hearing person that an SLI is responding to assist with communication.

When an officer arrests a deaf or hard of hearing person, and the arresting officer requests a professional SLI, the officer should complete and issue the Deaf/Hard of Hearing Communication Card advising the deaf or hard of hearing person that they are under arrest and being transported, and that an SLI has been requested.

Employees shall document the issuance of the Deaf/Hard of Hearing Card on their Daily Field Activities Report, Form 15.52.00 or equivalent, and any related report(s).

Communication Division’s Responsibility. Upon receiving a request for a sign language communicator, Communications Division personnel shall notify a Department contracted SLI.

Professional SLI Requested. Upon receiving a request for a professional SLI, Communications Division shall contact the outside provider, who will cause a qualified professional SLI to respond to the location designated by the requesting employee.

203.38 HUMAN SERVICES REFERRAL. The Information and Referral Federation of Los Angeles County (INFO LINE) is an independent, nonprofit corporation that provides a one‑source referral for persons in need of human services. These services include food, shelter, counseling, hotlines and health services. Info Line does not provide these services directly. It is a telephone bank staffed on a 24-hour basis by personnel familiar with the capabilities of private, governmental, and charitable agencies within Los Angeles County.

Employees coming in contact with persons in need of human services information shall:

  • Obtain human services information via the ACC service directory command (SD; ICSHELTERS); or,

  • Obtain human services information by telephonically contacting Communications Division.

In addition, employees shall provide persons in need of human services with the telephone numbers to the INFO LINE.

Note: Employees who come into contact with a homeless person seeking shelter, who is suspected of being mentally ill, shall contact the Mental Evaluation Unit, Detective Support and Vice Division, for advice (Manual Section 4/260.20).

Cold Weather Emergency Shelter Notifications. During the activation of cold weather emergency shelters Communications Division shall:

  • Maintain liaison with Los Angeles Homeless Services Authority (LAHSA);

  • Provide the Winter Shelter Hot Line telephone number(s) and locations to Area watch commanders; and,

  • Disseminate cold weather emergency shelter information to Department employees via a Departmentwide broadcast, teletype, and through the ACC.

203.40 SUBMITTING REPORTS FOR APPROVAL. An officer who completes any of the following reports shall submit the report to a supervisor for approval, as soon as practicable:

  • Crime reports, other than robbery, rape or stolen vehicle reports;

  • Vessel report;

  • Death report;

  • Recovered bicycle report;

  • Forgery report;

  • Identity Theft report;

  • Injury report;

  • Formal missing person report;

  • Discharge of firearm report;

  • Lost report;

  • Investigator's Final Report, Form 05.10.00;

  • Follow‑up Report, Form 03.14.00, relating to any of the above; and/or,

  • Domestic Violence report.

A Investigative Report of a robbery or rape, Form 03.01.00, shall be delivered without delay to the approving supervisor (Manual Section 4/262.90).

An officer completing a  Vehicle Report, CHP Form 180, shall immediately obtain a DR number and shall submit the report for approval at the end of watch or on the next routine trip to the station (Manual Section 4/220.40).

Field Interview Reports and Field Data Reports shall be completed and turned in at the end of watch with the Daily Field Activities Report. Officers who do not complete a Daily Field Activities Report shall submit Field Interview Reports and Field Data Reports to a supervisor designated by their commanding officer.

Gang Member Arrests. An officer submitting a report to a supervisor for approval, which involves the arrest of "verified" gang members, shall ensure that the face sheet of each report (i.e., Arrest, Follow‑up, 5.10's, Property, etc.) is stamped "GANG MEMBER ARREST" in red ink.

Note: An arrestee is a verified gang member when the arrestee is listed in Department gang files. Verification shall be obtained through the respective bureau's Special Enforcement Unit office. During off hours, verification can be obtained through Gang and Narcotics Division (GND).

The stamp may also be used on reports when the arrestee has been approved for inclusion into the gang file, but has not been added to the file at the time of inquiry.

Note: Replacement stamps may be reordered through Supply Section, Fiscal Operations Division, using the Requisition Form, Form 15.11.00.

Narcotics Arrests. Officers completing narcotics related reports (e.g., Arrest Reports, Evidence Reports, Investigative Reports) shall write in the left margin of the first page, “distribute one copy to Area NED” on the report.

Area Records Unit’s Responsibility. Area record units shall distribute copies of narcotics related reports as follows:

  • One copy to the Narcotics Enforcement Division (NED) of the Area of occurrence; and,

  • One copy to be stored in their Area files.

203.50 IDENTIFICATION OF SUSPECTS IN THE FIELD. A suspect may be transported to a victim or witness for the purpose of identification when:

  • An officer is conducting a preliminary investigation and a field confrontation is necessary to determine if the suspect is the perpetrator of the offense; and,

  • Probable cause exists to arrest the suspect for the offense; or,

  • Exigent circumstances exist that make it unreasonable for the victim or witness to be transported to the suspect; or,

  • The officer obtains the free and voluntary consent of the suspect.

An officer who intends to conduct a field confrontation shall inform the victim or witness that:

  • The person is in temporary custody as a possible suspect only; and,

  • The fact the person is in police custody does not indicate his/her guilt or innocence; and,

  • The purpose of the confrontation is either to eliminate or identify the person as the perpetrator.

203.60 ALARM NOTIFICATION.

VERIFIED BURGLAR ALARM - DEFINED. A verified burglar alarm is an alarm activation where an unauthorized entry or attempted unauthorized entry upon the premises, building, or structure protected by the system, has been independently verified. Verification shall be accomplished by a confirmation by the alarm system user or other person at or near the scene of the activation, a private guard responder or alarm company operator. Verification must be based on a physical observation or inspection of the premises, or by remote visual inspection of the premises.

Note: An open door, broken window, or other activity consistent with a burglary is considered a verified activation.

Officer’s Responsibility. Officers dispatched to a burglar alarm call must conduct an investigation in accordance with current Department procedures outlined in this Section.  If the alarm is false or the officer's investigation determines that the alarm was erroneously reported as a verified alarm or firearms business, the officer must record that information on his/her Daily Field Activities Report, Form 15.52.00, Mobile Digital Terminal and Notice of False Alarm, Form 02.90.00, and inform Communications Division of their findings. The officer must verify that a valid BOPC permit number is on file. The officer must place a check in the applicable box on the Notice of False Alarm when the location does not have a permit. The completed Notice of False Alarm must be issued to the subscriber/owner or other responsible person at the location.

Note: Officers can obtain the BOPC permit number via the Mobile Data Terminal (MDT), listed under the Incident's Comments.

Officers not required to maintain a DFAR must record the name of the person to whom the completed Form 02.90.00 was issued in the Radio Call Incident Comments by using their Mobile Data Terminal (MDT) or through the Radio-Telephone Operator (RTO).

Closed Business or Unoccupied Residence. When an Officer has responded to a false alarm at a closed business or unoccupied residence, the officer must verify that a valid BOPC permit number is on file, and leave the Notice of False Alarm at the premises. The notification must be left in such a manner that it is conspicuous to the subscriber/owner, but concealed from passersby. The officer must record on the DFAR that a completed Notice of False Alarm was left at the scene.

Note: Officers not required to maintain a DFAR must record the issuance of Form 02.90.00 in the Radio Call Incident Comments by using their MDT or through the RTO.

203.70 BOARD-UP PROCEDURE - COMMERCIAL LOCATIONS. The board-up procedure applies only to a commercial location when an officer finds the location unoccupied and unsecured.

Officer’s Responsibility. When an officer finds a commercial location unoccupied and unsecured, the officer shall attempt to contact a responsible party (R/P) to assume responsibility for safeguarding the premises.  If the officer is unable to locate an R/P’s telephone number on or within the premises or from an alarm company, City Business Tax Registration Certificate, the watch commander’s office, or some other available resource, the officer shall request that Communications Division attempt to obtain an emergency telephone number from the Fire Department.  The officer shall maintain a record of these efforts, usually in the officer’s Field Officer’s Notebook.

After an hour of attempting to contact an R/P or if an R/P is contacted but cannot respond within an hour, the officer shall contact a supervisor to determine if a board-up vendor should be requested. With supervisor approval, the officer shall:

  • Request that Communications Division contact and dispatch a board-up vendor;

  • In addition to any crime or arrest reports, complete the Board-Up Report, Form 16.29.05, and document on that report all effort to contact an R/P or, if an R/P was contacted, the R/P’s delay in responding;

  • Ensure the board-up vendor completes their portion of the Board-Up Report;

  • Obtain a supervisor’s signature on the form and provide the supervisor with the original and one copy of the form; and,

  • Leave the victim’s copy of the Board-Up Report in a conspicuous place inside the location.

Officers SHALL NOT offer board-up service to an R/P who is already at the scene. Officers may refer the R/P to the local telephone book for a board-up company. Officers shall notify the R/P that once an officer makes a request to Communications Division and the vendor begins to respond, the business will be assessed the surcharge imposed by the City, and may be charged some or all of the board-up fees, even if the R/P arrives at the scene prior to the vendor and cancels the vendor’s response.

Officers shall remain at the scene until the board-up service has secured the location.

Supervisor’s Responsibility. A supervisor shall respond to the location where a board-up service request is being considered to determine if a board-up services should be requested. If the supervisor determines that board-up is appropriate, the supervisor shall approve the request and direct the officer to request board-up response from Communications Division. Additionally, the supervisor shall:

  • Review and approve the Board-Up Report at the scene, so the victim’s copy of the form can be left inside the location;

  • Summarize the incident in the Sergeant’s Daily Report, Form 15.48.00, and include the total amount of standby time provided by the Department; and,

  • Submit the original and Area copy of the Board-Up Report to the watch commander along with the copies of the following documents:

    • Sergeant’s Daily Report with all other unrelated entries redacted (removed) from the log;

    • Completed Incident History printout for the call;

    • Any crime and/or arrest report; and,   

    • Any other related reports or documents which may assist during an appeal hearing.

Watch Commander’s Responsibility. Upon receiving the original and Area copy of the Board-Up Report, the watch commander shall:

  • Review the form and attachments for completeness;

  • Forward the original Board-Up Coordinator, Commission Investigation Division (CID); and,

  • Submit the Area copy and attachments to the Area Office for review and retention.

Note: All Board-Up Reports and attachments shall be maintained in the Area for no less than three years, and shall be submitted to the Board-Up Coordinator within 10 days of request.

203.75 BOARD-UP PROCEDURES – RESIDENTIAL LOCATIONS. The following procedure applies to securing a residential location.

Officer's Responsibility. An officer responding to an incident involving an unsecured residential location shall attempt to locate or telephonically contact an R/P. If attempts to contact an R/P are unsuccessful, or when the R/P is present but unable to secure the location due to exigent circumstances, the officer shall notify a supervisor and be guided by the supervisor's advice.

Supervisor's Responsibility. When notified, a supervisor shall respond to the location and ensure that reasonable attempts have been made to locate the R/P for the residence.

When all options have been exhausted and an R/P is not located, the supervisor shall determine if a unit should remain at the scene or if minor repairs will secure the location. Where an R/P is present and unable to secure the location due to exigent circumstances, the supervisor may, at his or her discretion, opt to direct the officers to make minor repairs to secure the location.  When the supervisor opts to direct the officers to make minor repairs, and/or materials or tools are not available at the location, the supervisor should:

  • Present a Waiver Form, Form 15.90.00, for the R/P’s signature;

  • Dispatch a unit to Property Division (Parker Center or Valley Section) to retrieve the appropriate supplies (i.e., plywood, nails, hammer, and saw, etc.);

  • Ensure that officers have made the necessary repairs to secure the location and returned the supplies to Property Division;

  • Document the incident on the Sergeant’s Daily Report Form 15.48.00; and.

  • Attach the completed Waiver Form to the Sergeant’s Daily Report.

203.80 BOARD-UP PROCEDURE - ADMINISTRATIVE APPEAL HEARING. The Board-Up Ordinance allows a business owner or representative to appeal a board-up to determine if the board-up was necessary and/or if the officer(s) adhered to the board-up procedure. The request for appeal must occur within ten calendar days of the board-up service.

Watch Commander’s Responsibility. The Administrative hearing for a board-up service shall be heard by a watch commander from the Area of occurrence. Whenever practical, the hearing should be adjudicated by the watch commander on duty at the time of the incident; however, the hearing shall not be held by the supervisor who approved the board-up. The watch commander conducting the hearing shall:

  • Schedule a hearing date preferably within two days of the request (excluding weekends and holidays), but in no event later than seven calendar days after the request is made;

  • Notify CID of the appeal request and the date and time of the hearing;

  • Collect and review all documentation for the incident;

  • Conduct the board-up appeal hearing to determine if the officers followed the procedure outlined in Manual Section 4/203.70 and inform the R/P of the decision;

  • Summarize the facts of the incident and the hearing in an Employee’s Report, Form 15.07.00, including the reason for the appeal, the reason for any extension beyond the two day hearing requirement, and the rationale for the decision; and,

  • Forward the Employee’s Report, along with a copy of related reports (e.g., Crime Report, Supervisor’s Daily Report, and Incident History) to the Area commanding officer.

If an appeal is successful, the appellant does not need to pay the board-up fee. Commission Investigation Division will notify the City Clerk’s Office. A successful appeal results in a waiver of the board-up cost for the business requiring the City to pay the cost.

Note: Any issue regarding the proper identity of the person billed (owner, landlord, tenant, etc.) shall be referred to CID.

Commanding Officer’s Responsibility. When the Area commanding officer receives a board-up appeal report, the commanding officer shall review the report for completeness and forward the original report to CID. The Area shall retain a copy of the appeal report in its files.

204. CASES INVOLVING ANIMALS.

204.20 DEAD ANIMALS. When dead animals are found in the street, the Dead Animal Dispatcher of the nearest section of the Refuse Collection Division, Department of Public Works, shall be notified. Field units may make such notification by radio to the communications control operator.

204.40 ANIMAL BITES. When a fowl or an animal (except reptiles) bites a person, a telephonic report shall be made to the Rabies Control Division, County Health Department. If the office is closed, the emergency operator at the Hall of Justice will connect the officer with the proper person to be notified, who shall be given the following information:

  • Name, address, telephone number, and age of the victim;

  • Name, address, and telephone number of the owner of the animal;

  • Description of the animal (breed, color, and sex);

  • Circumstances of the attack;

  • Nature of treatment, when, and by whom given;

  • Location of wound on the body; and,

  • Date the bite occurred.

204.60 SICK OR INJURED ANIMALS. When a sick or an injured animal is found on the street, the nearest shelter of the Department of Animal Services shall be notified immediately. Units in the field may make this notification by means of radio to the communications control operator.

204.65 RESPONSIBILITY OF THE ANIMAL CRUELTY TASK FORCE. The Animal Cruelty Task Force (ACTF) is comprised of personnel from the Los Angeles Police Department, Department of Animal Services (DAS), Office of the City Attorney and the Office of the Los Angeles County District Attorney.

The ACTF investigates animal cruelty, neglect, hoarding, mutilation or sacrifice, bestiality, cockfighting and dog fighting.  The ACTF may assist or handle an investigation, or arrest, when requested by first responders who are conducting an animal cruelty investigation. 

ANIMAL CRUELTY - DEFINED.  Any malicious and intentional maiming, mutilating, torturing, or wounding of a living animal or malicious and intentional killing of an animal.

Officer’s Responsibility. When officers respond to an incident where animal cruelty is observed, suspected, or confirmed they shall immediately notify the ACTF, during business hours. During off-hours, Real Time Analysis and Critical Response Division shall be contacted to contact an ACTF detective who will provide booking advice only; booking approval remains the same.

Officers shall have the following responsibilities:

  • Refer to the Animal Cruelty Investigation Reference Guide Field Notebook Divider, Form 18.48.00, for assistance in conducting a thorough animal cruelty investigation;

  • Establish the elements of the crime;

  • Protect the scene and locate items which could identify the suspect or show how the crime was committed; and,

  • Locate and identify witnesses and request them to remain for questioning.

  • Conduct the preliminary investigation;

  • Cause photographs to be taken of the crime scene by Area personnel, or by a Scientific Investigation Division (SID) photographer, depending upon availability.

Note: In accordance with existing procedures for processing crime scene photographs taken by SID Photographic Section, the reporting officer shall enter the photographer's name and serial number in the "Notifications" box, and the SID Photographic Section Control Number ("C" number) in the "Connected Reports" box of the Investigative Report. Once a DR number has been obtained, the reporting officer shall advise SID Photographic Section of the DR number so that it may be referenced on the photo negatives.

  • Complete Investigative Report (IR), Form 03.01.00, enter the applicable titles: “Animal Cruelty”, "Animal Neglect", “Bestiality”,  “Cock Fighting”, ”Dog Fighting” or “ Animal Sacrifice”; and enter "ACTF" in the investigative box.

  • Notify DAS through Communications Division to impound live/dead animals taken into protective custody or evidence , and/or for necropsy.  Include DAS animal impound number in the IR.

  • Notify the Bureau of Sanitation, Refuse Collection, for dead animal pick up if the on-call ACTF detective advises there is no crime.

  • Indicate in the left margin of the IR that extra copy of the report shall be forwarded to the Animal Cruelty Task Force; and,

  • Ensure that related crime scene photographs taken by Area personnel are attached to the IR and submitted to the concerned Area records unit.

Note: Crimes involving cruelty to animals fall under the legal category of crimes against property. Cruelty to animals is covered by Penal Code Section 597, which generally makes such conduct a misdemeanor. However, it can be a felony to maliciously maim, wound, torture, or mutilate a living animal which belongs to another person.

When officers make an arrest for cruelty to animals or animal sacrifice, they shall:

  • Obtain booking advice from the Animal Cruelty Task Force;

  • Obtain booking approval from the Area watch commander and book the arrestee;

  • Complete the Arrest Report, Form 05.02.00, in the usual manner; and,

  • Indicate in the left margin of the Arrest Report that an extra copy of the report shall be forwarded to the Animal Cruelty Task Force.

Note:  The Bureau of Sanitation, Refuse Collection, can be contacted through Communications Division for dead animal pick up if the ACTF detective advises there is no crime.

Area Records Unit’s Responsibility. When receiving a crime report or a Combined Crime and Arrest Report titled "Cruelty to Animals" or "Animal Sacrifice," Area Records Unit personnel shall:

  • Process the report using the new crime class code of 943 for reports titled "Cruelty to Animals" and the new modus operandi code of 0909, if the crime involves "Animal Sacrifice;" and,

  • Forward a copy to:

Animal Cruelty Task Force

Police Administration Building, Room 630

Mail Stop No. 400

204.70 LOST ANIMALS. A person requesting that a report be taken of a lost animal shall be referred to the nearest City animal shelter.

204.75 FOUND ANIMALS. An officer receiving information regarding a found animal shall, without delay, notify the nearest City animal shelter. The notification shall include, when practicable, the name and address of the person who has possession of the animal.

204.80 ANIMAL SHOOTINGS AND NON-TACTICAL UNINTENTIONAL DISCHARGES OF FIREARMS. Under certain circumstances officers are authorized to use a firearm to destroy an animal when a local Department of Animal Services representative is not readily available.

Critically Injured Animals. Officers may use a firearm to destroy a critically injured animal when a delay in destroying the animal would be inhumane.

Note: The owner's consent will be obtained prior to destroying a critically injured animal, when practical.

Vicious or Rabid Animal. Officers may use a firearm to destroy a vicious, potentially dangerous, or rabid animal when a delay would expose persons to danger.

Note: Animals suspected of being rabid should not be shot in the head except in an emergency.

Predatory Animals. Provisions for destroying predatory animals attacking people, domestic animals or livestock, under certain circumstances, are outlined in the California Food and Agriculture Code, and the California Fish and Game Code.

Venomous/Poisonous Animals. Officers may use a firearm to destroy venomous or poisonous animals, which pose an immediate danger.

Note: The use of a firearm should be considered only if other methods are impractical (e.g., use of a shovel, hoe or other tool).

Reporting Requirements, Animal Shootings. When one of these incidents occurs involving on-duty or off-duty officers, Force Investigation Division (FID) will conduct an investigation following the below procedures:

Officer's Responsibility. When an on duty or off-duty officer is involved in an animal shooting or a non-tactical unintentional discharge (UD) of a firearm, the employee will:

  • Secure and holster their weapon when safe (without reloading or altering the condition of the weapon, if possible);

  • Notify, or cause to be notified, without delay, his or her Area/ division  watch commander or a supervisor. If a watch commander or a supervisor is unavailable, notify the Real Time Analysis Critical Response Division (RACR) and his/her Area/division of assignment as soon as practicable.  If the incident occurs outside the City, the employee will also contact the local law enforcement agency having jurisdiction and inform that agency of the circumstances surrounding the incident and request a report.

  • Preserve and contain the scene; and,

Note:  In the case of an animal shooting, if the animal has sustained a non-fatal wound, the owner may be allowed to transport the animal to a veterinarian of their choice.  If the owner cannot be located, the Department of Animal Services should be contacted for advice, or if outside the City, contact the local law enforcement agency for advice.  Under no circumstances should an employee transport a wounded animal.

  • Provide a public safety statement to the first responding supervisor.

First Responding Supervisor's Responsibility.  The first responding supervisor to an animal shooting or non-tactical unintentional discharge of a firearm incident will:

  • Ensure the employee's weapon is safely secured and holstered;

  • Obtain a public safety statement from the involved employee(s);

  • Ensure the scene is preserved and the area is canvassed for witnesses;

  • Ensure all possible evidence is located and secured; and,

  • Notify RACR and follow existing Categorical Use of Force protocols.

Watch Commander or Officer in Charge Responsibility.   When a watch commander or officer in charge becomes aware that an animal shooting or non-tactical unintentional  discharge of a firearm has occurred, the watch commander/OIC, will:

  • Ensure a supervisor responds to the scene;

  • Ensure FID is notified;

  • Make the appropriate chain of command notifications, including RACR;

  • Respond to the scene if inside the City; and,

  • Follow existing Categorical Use of Force protocols.

Real Time Analysis Crisis Response Division-Responsibility. When notified of an animal shooting or non-tactical unintentional discharge of a firearm involving an employee, RACR will make the following notifications:

  • Notify Force Investigation Division (or the designated on-call FID team during non-business hours);

  • Office of the Chief of Police or his designee;

  • Office of the Inspector General on behalf of the Board of Police Commissioners;

  • Commanding Officer, Professional Standards Bureau;

  • Legal Affairs Division; and,

  • For those commands that are closed, the employee's chain of command will be notified.

Commanding Officer's Responsibility. When a commanding officer becomes aware that an animal shooting or non-tactical unintentional discharge of a firearm has occurred involving an employee under their command, the commanding officer will:

  • Ensure that all appropriate notifications are made, including RACR;

  • Ensure a supervisor responds to the scene;

Force Investigation Division's Responsibility. Force Investigation Division (FID) is responsible for completing the investigations of officer-involved animal shootings and unintentional discharge.  An investigator from FID will respond to the scene and conduct the investigation with the support of personnel from the involved employee’s command.  The Commanding Officer, FID,   has the discretion to send additional investigators  to the scene to aid in the investigation if deemed necessary. 

The assigned investigator will complete the Investigation of Officer-Involved Animal Shooting and Non-Tactical Unintentional Discharge of a Firearm, Form 01.67.08, and submit the completed report to the Commanding Officer, FID. 

Upon completion by FID a copy of the report will be given to the following:

  • Involved employee’s Area/division commanding officer; and,

  • Involved employee’s bureau commanding officer.

ADJUDICATING AN OFFICER INVOLVED ANIMAL SHOOTING AND NON‑TACTICAL UNINTENTIONAL DISCHARGE OF A FIREARM.

Commanding Officer, Force Investigation Division's Responsibility.  The Commanding Officer, FID, will forward the approved report to Use of Force Review Division (UOFRD), within 60 calendar days of the incident. 

Note: If additional time is required to complete the investigation, the Commanding Officer, FID, must submit an Intradepartmental Correspondence, Form 15.02.00, to the Commanding Officer, UOFRD, explaining the reason for the extension and the expected date of completion.  A copy of the Intradepartmental Correspondence will be forwarded to the involved employee’s bureau commanding officer. 

Copies of the completed Investigation of Officer-Involved Animal Shooting and Non-Tactical Unintentional Discharge of a Firearm will be forwarded to the involved employee's Area/division commanding officer and bureau commanding officer.

Commanding Officer, Use of Force Review Division's Responsibilities.  Upon receipt of the Investigation of Officer-Involved Animal Shooting and Non-Tactical Unintentional Discharge of a Firearm Report, Form 01.67.08, and related reports, the Commanding Officer, Use of Force Review Division, will:

  • Review the completed Investigation of Officer-Involved Animal Shooting and Non-Tactical Unintentional Discharge of a Firearm Report, Form 01.67.08 and all related reports; and,

  • Forward the Investigation of Officer-Involved Animal Shooting and Non-Tactical Unintentional Discharge of a Firearm Report, Form 01.67.08 and all related reports attached, to the Office of Administrative Services.

Director, Office of Administrative Services (OAS) Responsibilities.  Upon receipt of the Investigation of Officer-Involved Animal Shooting and Non‑Tactical Unintentional Discharge of a Firearm Report, Form 01.67.08, and all related reports, the Director, Office of Administrative Services, will:

  • Review the completed Investigation of Officer-Involved Animal Shooting and Non-Tactical Unintentional Discharge of a Firearm Report, Form 01.67.08, and all related reports;

  • Determine whether a Use of Force Review Board should be convened based upon the circumstances of the incident;

  • When a Use of Force Review Board is not convened, the Director OAS will review and sign the Use of Force Review Board Report, Form 01.67.00, and forward all documents to the Chief of Police for review; and,

  • Upon receipt of the disposition from the Chief of Police, notify the employee's bureau commanding officer of that disposition.

Note:  The Board of Police Commissioners will act as the final level of review for all Officer-Involved animal shootings and non-tactical Unintentional discharges of a firearm.

Bureau Commanding Officer's Responsibility.  Upon receipt of the disposition from the Chief of Police, notify the employee’s commanding officer of that disposition as soon as practicable.

Commanding Officer’s Responsibility.  Upon receipt of the disposition, notify the

employee of the Chief of Police’s final disposition as soon as practicable.

204.85 CARE OF ANIMALS, OWNER ARRESTED. When a person having an animal in his/her possession is arrested, the arresting officer shall, if unable to make any other arrangements for its care:

  • Deliver the animal to the nearest Department of Animal Services shelter and obtain a completed copy of the Animal Relinquishment and Impound Record, Form 30, from the shelter employee; and,

Note: When an animal is to be held as evidence, the shelter employee shall be notified and an entry to that effect will be made on the Form 30.

  • Place the copy of the Animal Relinquishment and Impound Record, Form 30, with the arrestee's personal property.

205. VEHICLE PURSUIT PROCEDURES.

205.01 NOTIFYING COMMUNICATIONS DIVISION. When a unit goes in pursuit, it shall advise Communications Division that it is "in pursuit" and give the unit's identification, location, a description of the pursued vehicle and/or suspects, directions taken, and reason for pursuit. Communications Division will be responsible for requesting and assigning to the pursuit a back-up, air unit and an available uniformed supervisor in close proximity to the pursuit.  The pursuing unit shall give frequent and comprehensive progress reports.

Any unit having pertinent information regarding the pursuit may advise Communications Division. The secondary unit shall also notify Communications Division, as soon as possible, of the secondary unit's involvement in the pursuit by stating that it is "in pursuit" and its unit identification and location. Once a supervisor is assigned to a pursuit, he/she shall respond immediately and upon arrival, declare himself/herself as Incident Commander via broadcast to Communications Division.

Unmarked Units. Unmarked units without emergency equipment shall not engage in a pursuit. However, officers in unmarked units without emergency equipment may become involved in emergency activities involving a serious crime or a life-endangering situation. In those rare instances, it may be necessary to follow a suspect vehicle while summoning assistance from a black-and-white, four-wheeled unit equipped with external roof-mounted emergency lights. Officers in an unmarked unit without emergency equipment shall not violate the rules of the road as defined in Division 11 of the California Vehicle Code.

When officers in an unmarked unit without emergency equipment become aware that a unit with emergency equipment has arrived and will attempt to stop the suspect vehicle, the unmarked unit shall disengage.

Note: A hybrid unit is a marked, emergency-equipped vehicle and may engage in vehicular pursuit. However, a hybrid is bound by the same restrictions as a motorcycle unit or a dual-purpose unit.

205.10  CONTROL OF A VEHICLE PURSUIT.

General Guidelines. Communications Division will be responsible for requesting and assigning to the pursuit a back-up unit, air unit and an available uniformed supervisor in close proximity to the pursuit.  Responding back-up units may respond “Code Three.”  However, once all authorized units have joined the pursuit, all other units shall discontinue their “Code Three” response. Officers in all other units shall stay clear of the pursuit, but remain alert to its progress and location.

Note: When available, any unit in a pursuit should be a two-officer unit. Tactically, two officers (driver and passenger) are better able to evaluate and control activities in a pursuit.

If the unit initiating the pursuit cannot continue as the primary unit, the secondary unit shall become the primary unit. The secondary unit shall advise Communications Division that it is the primary unit. Another unit may then enter the pursuit and shall advise Communications Division that it is the secondary unit.

In the event a pursuit is initiated by an officer on a motorcycle or in a hybrid or dual purpose vehicle, the pursuing motor officer or driver of the hybrid or dual purpose vehicle shall relinquish the role as the primary unit when a four-wheeled, black-and-white unit equipped with external roof-mounted emergency lights has joined the pursuit. Absent exigent circumstances, officers on a motorcycle or in a hybrid or dual purpose vehicle shall not become a secondary unit after they become aware of the arrival of a secondary black-and-white, four-wheeled unit equipped with external roof-mounted emergency lights.

Primary Unit’s Responsibilities. The responsibility of the officers in the primary unit is the apprehension of the suspect without unreasonably endangering themselves or others. The senior officer of the primary unit shall be the Incident Commander and will be responsible for maintaining management and control of the pursuit until a supervisor arrives.

The senior officer’s responsibilities also include the decision to become involved in a pursuit, whether more than two units should join the pursuit, and whether the pursuit should be terminated.

Secondary Unit’s Responsibility. The secondary unit shall be responsible for backing up the primary unit and broadcasting pertinent information at the termination of the pursuit.

Supervisor's Responsibilities. Once a supervisor is assigned to a pursuit, he/she shall respond immediately and upon arrival, declare themselves as Incident Commander via broadcast to Communications Division.  As Incident Commander, he/she shall be responsible for the management and control of the pursuit and post incident management.

The Incident Commander shall monitor the pursuit and continuously assess the situation and ensure that the pursuit is conducted within Department guidelines. If necessary, the supervisor shall direct specific units out of the pursuit, reassign the primary or secondary units, assign an available air unit, terminate the pursuit, or determine the necessity of employing a VIT.  Code Three vehicle operation is authorized for the supervisor, at the supervisor's discretion, to properly monitor and direct the pursuit.

Watch Commander’s Responsibility. The watch commander of the primary unit  has the authority to assume incident command or transfer command of a pursuit at any time. If that watch commander transfers command of a pursuit (e.g., to another Area watch commander, the California Highway Patrol, etc.), he/she shall immediately notify Communications Division, other involved units, and any on-scene air unit of the transfer of command. If he/she assumes incident command, the Watch Commander shall immediately notify Communications Division and the involved field supervisor of his/her assumption of command.  The involved supervisor and all concerned units shall be guided by the Incident Commander's direction.

Communication Division’s Responsibility. Upon notification of a unit going in pursuit Communications Division shall ensure that an air unit, back-up (secondary) unit, and any available uniformed supervisor in close proximity to the pursuit are assigned to the pursuit.  When an outside pursuing agency requests assistance, Communications Division shall contact the requesting agency to determine the nature of the pursuit (i.e., traffic infraction, felony evading, wanted for robbery, driving under the influence, etc.).

205.15 AIR SUPPORT/TRACKING A PURSUIT. The use of an air unit to track a suspect vehicle is a valuable law enforcement tool intended to enhance public and officer safety by encouraging a fleeing suspect(s) to operate his/her vehicle responsibly and/or terminate the pursuit.

Note:  Upon the air unit's arrival at the scene of a pursuit, the air unit will assess the situation, advise the Incident Commander of the number of police units in the pursuit, and request if tracking should be initiated.  Exigent circumstances may preclude tracking.

Whenever possible, air units shall assume responsibility for tracking a suspect vehicle. In the absence of exigent circumstances (e.g., armed suspect, murder suspect, hostage situation, etc.), which may require pursuing units to remain in pursuit of the suspect’s vehicle, authorized ground units shall continue Code Three, and attempt to remain out of the suspect's line of sight, but remain in close proximity to the suspect's vehicle.  Authorized ground units shall broadcast whatever information is necessary to assist the air unit.

To assist the Incident Commander in controlling the pursuit, the air unit shall:

  • Assume pursuit broadcast responsibilities during the tracking mode;

  • Advise the Incident Commander regarding suspect actions and applicable tactical considerations;

  • Identify all law enforcement vehicles involved in the pursuit and record the corresponding shop numbers (or vehicle descriptions when shop numbers are not available); and,

  • Respond, as practicable, to any other requests from the Incident Commander.

Note: An air unit assigned to the pursuit shall, if necessary, advise non-Department aircraft monitoring the pursuit that the Department’s air unit is in tracking mode.

Re-engaging a Pursued Vehicle.  When tracking does not produce the desired result of slowing the suspect's driving or the suspect's driving actions are contributing to an increasingly hazardous situation, the Incident Commander, at his/her discretion may direct units to re-engage the suspect vehicle.  Absent exigent circumstances, Incident Commander approval during the tracking mode is required by the primary and/or secondary unit to re-engage the pursuit of the vehicle.  Should the situation dictate the air unit’s discontinuance of the tracking mode, (e.g., visibility, restricted air space, aircraft mechanical issues, etc.), the air unit shall notify Communications Division and the Incident Commander of the circumstances.

205.17 CONTINUATION/TERMINATION OF THE PURSUIT. Officers involved in a pursuit shall continually evaluate the necessity for continuing the pursuit. Officers must determine whether the seriousness of the initial violation or any subsequent violations reasonably warrants continuance of the pursuit. The following factors should be considered when evaluating speeds throughout a pursuit and assessing whether to continue or terminate a pursuit:

  • Whether there is an unreasonable risk of injury to the public's safety, the pursuing officers' safety or the safety of the occupant(s) in the fleeing vehicle;

  • Whether speeds dangerously exceed the normal flow of traffic;

  • Whether vehicular and/or pedestrian traffic safety is unreasonably compromised;

  • Whether the suspects can be apprehended at a later time;

  • If the weather conditions such as rain, fog, snow, etc., create an unreasonable risk of injury to the public or the pursuing officers;

  • The suspect is not responding to the emergency equipment, e.g., siren and red lights of the police vehicle; is not accelerating to get away from the officer; and the only known reason for initiating a pursuit is a minor traffic infraction;

  • The seriousness of the crime and its relationship to community safety;

  • The traffic conditions: Volume of vehicular traffic, volume of pedestrian traffic and road conditions;

  • Nature of the area of the pursuit: Residential, commercial, or rural;

  • Whether the lack or quality of communication between the primary unit and Communications Division or the primary unit and a supervisor causes an unreasonable risk to the public;

  • The familiarity of the primary pursuing officer with the area;

  • The availability of an air unit; and,

  • The loss of the pursued vehicle, or unknown location of the pursued vehicle.

All officers involved in a vehicle pursuit will be held accountable for the continuation of a pursuit when circumstances indicate it should have been discontinued. Since driver officers are usually concentrating on the safe operation of the police vehicle, passenger officers are particularly responsible for advising drivers when they feel the pursuit is exceeding reasonable limits.

205.18  LOSS OF PURSUED VEHICLE. When a pursued vehicle is lost, officers in the primary unit shall immediately broadcast the necessary information to Communications Division. The primary unit shall broadcast supplemental information on the appropriate tactical frequency and coordinate the search as needed. When an air unit is assisting, descriptive and directional information shall be specifically broadcast to the air unit.  If it is determined that the location of the pursued vehicle is unknown or the vehicle has been lost, the pursuit shall be discontinued.

205.19  VEHICLE PURSUIT DRIVING TACTICS. During the course of the pursuit, officers shall continuously assess the road conditions and the actions of the suspect. Primary responsibility for pursuit activities shall be restricted to the primary unit, secondary unit, and assigned supervisor. All other units shall remain clear of the pursuit, but shall remain alert to the location and progress of the pursuit. Units remaining clear of the pursuit shall follow the rules of the road and shall not drive Code Three. Units other than the primary unit, secondary unit, or assigned supervisor shall not become involved in the pursuit unless requested by officers in the primary unit or directed by a supervisor.

Paralleling. Units shall not parallel nor pass units engaged in the pursuit and shall follow the rules of the road as required by Section 21052 V.C. for purposes of this order, paralleling is defined as any law enforcement vehicle positioned alongside a pursued or pursuing vehicle, or along an adjacent street so as to be parallel to the suspect’s or pursuing vehicle’s position.

Tactics employed to stop a pursued suspect, such as establishing a physical barricade (road block), boxing in, heading off, ramming, or driving alongside the pursued vehicle are strongly discouraged. These tactics are extremely hazardous and should only be considered in those rare instances when warranted to save a life, and then only as a last resort.

Wrong-way Traffic. Generally, officers shall not pursue a vehicle the wrong way on a freeway, nor shall officers pursue the wrong way on a one-way street. In the event a pursued suspect enters the freeway the wrong way, the following options should be considered:

  • Requesting an air unit to assist and coordinate field activities;

  • The Estimated Time of Arrival (ETA) of the air unit;

  • Maintaining visual contact with the suspect vehicle by driving on the correct side of the freeway;

  • Requesting other units to observe the exits available to the suspect vehicle; and,

  • Notifying the California Highway Patrol and other police agencies as appropriate.

205.20 VEHICLE INTERVENTION TECHNIQUES. Officers should obtain Incident Commander approval prior to employing a Vehicle Intervention Technique (VIT).  In rare instances where exigent circumstances exist that require immediate action and preclude officers from seeking prior supervisor approval, a VIT may be employed.  The Incident Commander or the Watch Commander of the primary unit may authorize a pursuit’s termination by employing a VIT.  The decision to employ a VIT shall be based on careful consideration of the situation, while maintaining a significant regard for public and officer safety.

A VIT may be employed when the officer believes that the continued movement of the vehicle would place persons in imminent danger of great bodily harm or death and/or the risk of harm to persons outweighs any risks created by the application of a VIT.

Only officers who have successfully completed Department approved training are authorized to employ these methods.

Currently, the Department has authorized the following Vehicle Intervention Techniques:

A. Tire Deflation Devices. A Tire Deflation Device (commonly referred to as a “Spike Strip”) is used to impede or stop movement of vehicles by deflating the tires.

Note: This does not apply to tactical, non-pursuit fixed post sites (e.g., LAX or the Academy Awards).

The tire deflation device normally should not be deployed for a pursued vehicle traveling at speeds in excess of 65 mph.

Absent exigent circumstances, the tire deflation device should generally not be used in adverse terrain or where geographic configurations increase the risk of injury to the suspect (e.g., on roadways bounded by steep descending embankments, curves, etc.), or at any location where safety of proceeding or opposing traffic cannot be assured.

Absent exigent circumstances where lethal force is authorized, officers shall not use tire deflation devices on two wheeled vehicles.

B. Pursuit Intervention Technique (PIT).  The PIT is designed to be executed by a pursuing police vehicle.  The PIT is a technique in which the officer’s vehicle makes contact with the rear quarter panel of the suspect’s vehicle, causing it to rotate and come to a stop.  If the technique is properly executed, damage to the officer’s vehicle should be minor or negligible.

The location chosen to implement a PIT is of paramount importance.  The area should be clear of pedestrians and other occupied vehicles, and road conditions should be in good condition (e.g., free from loose gravel, significant road repair, etc.).  Unless exigent circumstances exist, the PIT should not be attempted when the following exists:

  • The pursued vehicle is traveling in excess of 35 mph;

  • The size of the pursued vehicle is significantly heavier than the primary unit's police car (e.g., buses, motor homes, semi-trucks, dual-rear-wheel pickup trucks, etc.);

  • The pursued vehicle is transporting hazardous material;

  • Since employing the PIT will cause officers to be in close proximity to the suspect, a PIT should not be used on a suspect who is known to be armed; and,

  • Any motorcycles, motor scooters or three-wheeled cycles.

205.21 HOSTAGE ‑ INVOLVED VEHICLE PURSUIT. It must be emphasized that the safety of the hostage must be the primary consideration in determining the tactics that will be employed to effect the release of the hostage and apprehend the suspect(s).

Initial Notification. When a member of the Department becomes aware that a hostage is, or may be, in a pursued vehicle, Communications Division shall be advised immediately. All available information shall be reported, including a physical description of the hostage, manner of dress, and the exact location of the hostage within the vehicle (when known).

Communications Division’s Responsibility. Communications Division shall ensure all hostage‑related information is immediately broadcast. The fact that a hostage may be involved in a pursuit shall be periodically transmitted during the subsequent pursuit status broadcasts. In instances where the taking of a hostage has not been confirmed, Communications Division shall attempt to obtain additional information from the original reporting person via telephone. If a callback number is not available, or the reporting person cannot be contacted, Communications Division shall assign a specific unit to respond to the scene of the initial occurrence to verify the taking of a hostage.

Primary Unit’s Responsibility. The primary unit shall broadcast any known information regarding the hostage's position within the vehicle, a description of the hostage, suspect information, and information regarding the suspect's weaponry. The presence of a hostage in the pursuit magnifies the importance of the primary unit maintaining maximum control and ensuring that nonessential units do not become involved in the pursuit.

205.25 PURSUITS REQUIRING OUTSIDE RESPONSE. When a pursuit leaves the primary unit's Area of assignment, the primary unit shall:

  • Notify Communications Division that the pursuit is entering another geographic Area; This assists Communications Division in broadcasting pursuit information on the appropriate radio frequencies; and,

  • Notify Communications Division when the pursuit is entering another city. This assists Communications Division in contacting the appropriate agency to coordinate the exchange of information between involved agencies.

The primary unit shall notify Communications Division of the presence of other law enforcement agencies and relay any request for assistance from or to another law enforcement agency unit through Communications Division.

205.30 VEHICLE PURSUITS BY OTHER LAW ENFORCEMENT AGENCIES. When a pursuit initiated by another law enforcement agency occurs in the City, the initiating unit and jurisdiction shall be responsible for the progress of the pursuit. The Los Angeles Police Department (LAPD) units shall not attempt to assist with the pursuit unless specifically requested to do so by the pursuing agency or unless it is clearly demonstrated that assistance from this Department is required. Officers shall seek approval from their watch commander prior to becoming involved in another agency's pursuit.  In the event an LAPD unit becomes involved in another agency’s pursuit, this Department’s vehicle pursuit policy shall apply.

Generally, it is a poor practice to co-mingle ground units from different agencies during a pursuit. Therefore, when the Department accepts responsibility for a pursuit initiated by another agency, the other agency should be directed to completely disengage from the pursuit. Similarly, when a Department pursuit is turned over to another agency, LAPD ground units should completely disengage. The Incident Commander shall verify control of the pursuit by requesting, via Communications Division, that the appropriate agency units disengage from the pursuit.

Trailing a Department-initiated pursuit which has been turned over to another agency is a decision to be made by the Incident Commander  and is usually based upon the necessity for the Department to accept custody of the offender at termination. However, distance from the City is a factor to be considered in the decision to trail.  The Incident Commander shall make appropriate notifications to officers to ensure effective post-pursuit discipline and avoid co-mingling different agency ground units at the termination of the pursuit.

205.35 POST ‑ PURSUIT DISCIPLINE. Safety is critical at the termination of a pursuit, therefore, the need for decisive action, self‑control, and strict personal discipline is essential. The responsibility for maintaining control and directing activities at the termination point of a vehicle pursuit must remain with the senior officer in the primary unit unless relieved by a supervisor. The officers in the secondary unit shall be responsible for backing up the primary unit and broadcasting pertinent information at the termination of the pursuit. Unless summoned to the scene, officers in all other units shall remain clear of the pursuit termination point.

Note: Responding plainclothes personnel shall ensure that they are readily identifiable as police officers by affixing proper identification on their outer garment.

When the pursuit is terminated and the suspect(s) flees on foot, the air unit, when involved, shall broadcast any information which may assist in the deployment of ground units.

When Communications Division broadcasts the location and other information indicating that the vehicle pursuit is terminated, involved units shall temporarily switch their radios to the appropriate tactical frequency. The tactical frequency shall be used to coordinate the search for a suspect(s) fleeing on foot.

205.40 APPREHENSION OF THE SUSPECT AT PURSUIT TERMINATION.  At the end of a pursuit, officers shall rely on Department approved tactics and training in taking the suspect(s) into custody, and shall abide by the Department’s Use of Force Policy if force is necessary to effect the arrest.

Note: Officers shall take special note and be familiar with Section 1/556.40, Shooting At Or From A Moving Vehicle.

205.45 VEHICLE PURSUIT REPORT GUIDELINES.  In the event that a PIT or deployment of a tire deflation device is attempted, the Vehicle Pursuit Report shall include the heading, "Pursuit Intervention."  It shall be included in the report immediately following the, "Circumstances of Pursuit Termination" section.  Additionally, the following information shall be provided:

  • Who authorized the deployment;

  • The date and time of the deployment;

  • The specific location of the deployment;

  • The direction of the suspect's travel;

  • The estimated speed of the suspect's vehicle at the time of deployment;

  • The results of the deployment;

  • Any damage to any vehicle resulting from an intervention;

  • A description of where in the roadway the deflation device was placed;

  • Any unintended traffic collisions that occurred; and,

  • Any injuries observed or complained of that are or could be related to the intervention.

Note:  Since the PIT maneuver is an intentional act, it is not considered a traffic collision unless a third party is struck in the process.

Supervisor's Responsibility. The Incident Commander controlling the pursuit is responsible for managing, and when possible, approving a PIT or the deployment of a tire deflation device.  In the event a VIT is employed, the controlling supervisor shall ensure that a detailed description of the method used is contained in the Vehicle Pursuit Report, Form 01.14.00.

  • Photographs shall be taken of all vehicles affected by any intervention attempt;

  • Photographs and/or the original floppy diskette containing digital images shall be attached to the Vehicle Pursuit Report.  Photographs are intended to show any damage resulting from the intervention or the lack thereof; and,

  • In the event damage occurs to Department vehicles, it shall be recorded in accordance with establish guidelines.

Note:  Photographs of the injuries shall be obtained and medical treatment shall be provided to the injured parties.

205.50 TRAFFIC COLLISION REPORTING GUIDELINES.  The application of a PIT or tire deflation device is not a traffic collision.  However, in the event that either of these causes an unintended collision between any vehicle and any other object or person, it is reportable as a traffic collision.

  • The geographic bureau in which the pursuit was initiated shall be contacted to conduct the investigation and prepare the appropriate reports; and,

  • The Department's Special Collision Investigation Detail (SCID) shall be contacted in the event of any fatal or serious injury related to the deployment of a tire deflation device or PIT.

205.55 SUPERVISOR'S RESPONSIBILITY AT TERMINATION OF PURSUIT. When a supervisor from the pursuing officer's Area or division of assignment has not responded to the termination point of the pursuit, Communications Division shall dispatch a supervisor from the primary unit's Area or division of assignment to the location. Upon arrival at the termination point, the supervisor shall immediately assume responsibility for controlling police action at the scene and ensuring adherence to Departmental policies. The supervisor shall retain these responsibilities until the suspect is booked or released and all reports are completed. The supervisor shall also submit a Vehicle Pursuit Report, Form 01.14.00, and a California Highway Patrol Pursuit Report, Form CHP 187, to the involved officer's commanding officer.

All Vehicle Pursuit Reports require a DR number. If a pursuit results in the completion of other related reports the DR number for the related reports shall also be used for the Vehicle Pursuit Report. Copies of all related reports shall be distributed with the Vehicle Pursuit Report. If a pursuit is terminated without police action that requires other reports, a miscellaneous DR number shall be obtained for the Vehicle Pursuit Report. Only Section I of the Form CHP 187 shall be completed by a supervisor. The DR number shall be placed in the lower box in the upper right hand corner of the Form.

A supervisor from the Area in which the pursuit terminates, or a supervisor from the closest Area if the termination point is outside the City, shall respond immediately to the scene and remain in charge until relieved by a supervisor from the pursuing officers' Area or division of assignment. When a supervisor from the pursuing officers' Area or division is unable to respond, the supervisor‑in‑charge at the scene shall assume all the prescribed responsibilities.

Supervisory personnel shall take appropriate action when they become aware of violations of the Department's pursuit policy. The supervisor-in-charge shall contact Air Support Division (ASD) to identify all vehicles in the pursuit. The name of the ASD officer contacted and the identity of all officers in the pursuit shall be included in the Vehicle Pursuit Report, Form 01.14.00. When it is determined that unauthorized units are involved, corrective action shall be recommended in the Form 01.14.00.

205.60 REQUIRED ADMINISTRATIVE NOTIFICATION OF PURSUIT. Only vehicle pursuits amounting to an Unusual Incident, as outlined in Manual Section 4/214.50, require an administrative notification to Communications Division, Real-Time Analysis and Critical Response Division (RACR).

205.65 VEHICLE PURSUIT - REPORTING.

Supervisor’s Responsibility. The supervisor completing the Vehicle Pursuit Report shall include an attached narrative using the following headings:

  • Incident Overview;

  • Tracking;

  • Supervisory Oversight;

  • Reason for Initiation;

  • Circumstances of Pursuit Termination;

  • Pursuit Intervention (if applicable);

  • Additional Units in Pursuit;

  • Hostage Information;

  • General Route of Pursuit;

  • Outside Areas/Agencies Involved;

  • Injuries/Medical Treatment (to include how the injuries were sustained); and,

  • Arrest Information.

The supervisor conducting the investigation shall not include an opinion or a policy recommendation in the Vehicle Pursuit Report.

Watch Commander/Officer in Charge’s Responsibility. The involved officer’s watch commander/officer in charge shall include his or her insight and a policy recommendation at the end of the supervisor’s narrative under a separate heading of “Watch Commander/OIC Evaluation and Insight.”

205.70 DOCUMENTATION REQUIREMENTS. In an effort to accurately assess the potential impact of the proposed changes to our pursuit policy, Department personnel shall document their findings in the following manner:

Loss of Pursued Vehicle. An assigned supervisor handling a lost pursued vehicle shall, when completing a Vehicle Pursuit Report, Form 01.14.00, include any insight into what caused the Department to lose the suspect (e.g., distance too great between patrol and suspect vehicle, etc.) under the Incident/Overview heading.

Failures to Yield. If a unit attempts to stop a vehicle for an infraction, misdemeanor evading, or reckless driving in response to enforcement action taken by Department personnel, and the driver fails to yield, a pursuit shall not be initiated.

Instead, officers shall generate an incident number and complete a Investigative Report (IR), Form 03.01.00, titled, Failure to Yield, listing the City of Los Angeles as the victim and the involved officer(s) as a witness. Additionally, officers shall indicate under the “MO” section of the IR what served as the basis of their decision not to pursue (i.e., infraction, misdemeanor evading, or reckless driving in response to enforcement action taken by Department personnel).

Note: Officers may, with supervisory approval, conduct a limited follow-up investigation (e.g., to the registered owner’s residence).

205.75 COMMANDING OFFICER, CONCERNED BUREAU TRAFFIC DIVISION, RESPONSIBILITY. All Failure to Yield reports shall be forwarded to and investigated by the Bureau Traffic Division, Area of occurrence. Commanding officers shall ensure that each Failure to Yield case is investigated with due diligence.

205.80 AREA RECORDS PERSONNEL RESPONSIBILITY. Failure to Yield reports shall be processed and investigated similar to Misdemeanor Hit and Run reports, but with an assigned class code of 890. Additionally, Area records personnel shall review the MO section of the report and assign the appropriate code to each report, as follows:

           MO Code

  •  Infraction                              1315

  •  Misdemeanor Evading         1316

  •  Reckless Driving                  1317

All Failure to Yield reports shall be distributed as follows:

1-     Original, Investigating Traffic Division

2-      Copy Emergency Operations Division

3-      TOTAL

205.90 VEHICLE PURSUIT SAFETY INSPECTION. Officers involved in a vehicle pursuit shall notify the appropriate Motor Transport Division facility for a required vehicle inspection after the pursuit. The primary vehicle involved in the pursuit shall be taken out of service until such an inspection has been performed.

206. AIRCRAFT INVOLVED IN ACCIDENT.

206.05 AIRCRAFT ACCIDENT NOTIFICATION. The officer receiving the initial call to the scene of an aircraft accident shall, without delay, request a supervisor, and notify the Watch Commander at Detective Support and Vice Division, of the following information:

  • Time and location of the accident;

  • Identification number of the aircraft;

  • Type and class of the aircraft;

  • Owner of the aircraft;

  • Name and address of the pilot;

  • Whether United States mail was being carried;

  • Extent of damage to the aircraft or other property;

  • Number of casualties;

  • Circumstances of the accident; and,

  • The unit and officer reporting.

When an aircraft accident involves DEPARTMENT aircraft the Aircraft Mishap Investigation Team (AMIT), Air Support Division, shall be notified.

Upon notification of a DEPARTMENT aircraft accident, the AMIT shall:

  • Respond to the scene and conduct an investigation to determine the causes and factors contributing to the accident; and,

  • Prepare a report of the investigation together with any other required reports for death, injury, or City property damaged, which shall be forwarded through channels to the Chief of Police.

Note: The National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) have the statutory responsibility for investigating all civil aviation accidents.

When the concerned investigating follow‑up unit is closed, a notification shall be made to Administrative Unit, Detective Support and Vice Division.

206.10 INVESTIGATING AND REPORTING AIRCRAFT ACCIDENTS. Officers directed to an aircraft accident within the City shall protect the scene until relieved by the appropriate entity responsible for investigating the aircraft accident.

Note: Officers shall conduct a preliminary investigation and take appropriate action (Manual Section 4/206.18) whenever a pilot is suspected of operating an aircraft while under the influence of alcohol, drugs, or any combination thereof.

When Department aircraft are not involved, officers assigned to the accident scene shall complete required reports for City property damaged.

Damaged City property (other than aircraft) and the pilot, if possible, shall be identified in an Employee's Report, Form 15.07.00. One copy of the Department report detailing City property involved (CPI) shall be forwarded to the "City Attorney‑Civil Liability Section."

Note: The collision between conveyances and an aircraft crashing onto a highway is not classified as a traffic collision. However, once an accident has stabilized, any subsequent collision of a conveyance into the wreckage would constitute a traffic collision and a Traffic Collision Report would be required.

206.15 VIOLATION INVOLVED IN AIRCRAFT ACCIDENT. When an aircraft accident appears to have been caused by a violation of law, the investigating officer shall include the elements of the offense in the required report (Manual Section 4/206.10).

206.18 OPERATING AIRCRAFT UNDER‑THE‑INFLUENCE (OAUI) ARRESTS. Persons arrested for operating an aircraft while under‑the‑influence of alcohol or drugs, or any combination thereof, are required by the California Public Utilities Code to submit to and complete a chemical test of their blood, breath, or urine. The Driving‑Under‑the‑Influence (DUI) Arrest Report (Continuation), Form 05.02.05, shall be used to document the arrest. When using the Form 05.02.05, officers shall:

  • Delete all references to driving and insert "Operating an Aircraft" on the Form 05.02.05; and,

  • Delete paragraph three, Chemical Test Admonition (23157 VC) and substitute the following admonition:

    • "Failure to submit to or complete the required chemical testing, or conviction of operating an aircraft while under the influence of alcohol, drugs, or any combination thereof, may result in the California Public Utilities Commission prohibiting you from operating an aircraft in this State for up to one year."

Note: The report narrative shall include this admonition verbatim and the name of the officer admonishing the arrestee.

All procedures pertaining to Under‑the‑Influence Drivers (Manual Section 4/343), with the exception of those specifically outlined in this Section, shall be completed for each OAUI arrest. A copy of every report involving the improper operation of a Federal Aviation Administration (FAA) regulated aircraft shall be sent to Air Support Division. The filing of criminal charges involving the operation of an aircraft while under‑the‑influence shall be handled the same as vehicle DUI filings.

206.20 VIOLATIONS OF AIRCRAFT LAWS, REPORTING. An officer who receives a report of, or observes, the reckless or unsafe operation of an aircraft shall complete an Investigative Report (IR), Form 03.01.00, and forward a copy to Air Support Division. The IR shall be titled "Reckless" or "Unsafe Operation of an Aircraft." The report shall include:

  • The "N" number which appears on the under side of the aircraft;

  • The color and markings of the aircraft;

  • The general type of the aircraft, such as single‑engine, multi‑engine, high‑wing, or low‑wing;

  • An estimate of the altitude of the aircraft above the ground;

  • A description of the manner in which the aircraft was being operated, such as climbing, diving, acrobatics, or racing motor;

  • Names, addresses, and telephone numbers of witnesses;

  • Exact time of occurrence; and,

  • Location of occurrence.

When an aircraft is involved in a situation which could cause an immediate danger to the public, the officer should notify the nearest air unit or Air Support Division.

Air Support Division’s Responsibility. Upon receipt of any report involving the reckless or unsafe operation of an aircraft, or the arrest of any person operating an aircraft while under the influence of alcohol or drugs, or combination thereof, Air Support Division shall:

  • Review the report for completeness;

  • Conduct a follow‑up investigation when the report received is a IR;

  • Telephonically notify the Federal Aviation Administration (FAA) of the reported violation; and,

  • Forward a copy of the appropriate report(s) to:

Federal Aviation Administration

Flight Standards District Office

5885 West Imperial Highway

Los Angeles, CA 90045

208. INVESTIGATION OF HAZARDOUS CONDITIONS.

208.10 ISOLATION OF SCENE OF HAZARD. If a hazardous condition is observed which endangers life or property, or which might create a civil liability to the City, the scene shall be isolated.

Police Vehicle. A police vehicle shall not be illegally parked to protect the scene of a hazard.

208.20 EMERGENCY STREET REPAIRS. Requests for emergency street service and/or barricades shall be made for the following hazards:

  • Damaged street and sidewalks;

  • Broken guard rails;

  • Oil spills, glass, or other debris constituting a hazard in the street;

  • Landslides on the street;

  • Fallen trees on the street; or,

  • Any other hazard on the street which might create a civil liability to the City.

Requests for emergency street service shall be made to the branch of the Street Maintenance Division, Department of Public Works, located nearest the hazard, or by radio through the communications control operator. Requests for this service shall state:

  • The type of hazard; and,

  • The specific location of the hazard, including the side of the street.

208.30 RESPONSIBILITY FOR REMOVING DEBRIS. Debris in the street which constitutes a hazard shall be removed by:

  • The person responsible (1);

  • Requesting the services of the Street Maintenance Division, Department of Public Works;

  • Requesting the services of the Fire Department for removal of spilled gasoline, oil, or other liquids which create a fire hazard; or,

  • The officer.

[(1) Los Angeles Municipal Code Section 62.130.]

208.40 SEWER MANHOLE OR STORM DRAIN. Requests for emergency service shall be made when:

  • Gas is escaping from a manhole or a drain inlet;

  • The manhole cover is missing from a sewer manhole; or,

  • An explosion occurs in a sewer manhole or a storm drain.

Requests for the emergency service shall be made by telephone to the Fire Department (when fire or fire hazard exists); the Sewer Maintenance Division, Department of Public Works; or by radio to the communications control operator. If the Sewer Maintenance Division is closed, the name and telephone number of the employee of the Sewer Maintenance Division then on‑duty shall be obtained from the City Hall telephone switchboard operator. Officers shall telephone the responsible person and inform them of the condition.

The Administrative Unit, Detective Support and Vice Division, shall be notified in each case involving a gas leak, break, or explosion.

208.45 METRO RED, BLUE, GOLD AND GREEN LINES - ELECTROCUTION HAZARD. Due to the extreme risk of electrocution, absent exigent circumstances, personnel who have not completed the Rail Safety Course shall not enter the Los Angles County Metropolitan Transit Authority (LACMTA) Metro Red line track-way beyond the passenger platforms. Personnel, whether trained or not in the Rail Safety Course, shall not, under any circumstances, climb on the roofs of the rail cars of the LACMTA Metro Blue, Gold and Green Lines. There is an extreme risk of electrocution from overhead power sources with these rail cars.

208.50 TREES OBSTRUCTING MOTORIST'S VIEW. A tree or shrub that obstructs a motorist's view of an intersection or traffic control device shall be reported telephonically to the Bureau of Street Maintenance. This activity, along with the name of the person notified, shall be recorded on the employee's Daily Field Activities Report, Form 15.52.00.

208.60 POLICE RADIO TOWERS. If light replacements are needed on a police radio tower, the Monitor Control shall be notified.

208.70 EXCAVATIONS ON PRIVATE PROPERTY. When a dangerous and unprotected excavation on private property is observed, the condition shall be reported by telephone to one of the following:

  • The Grading Division, Department of Building and Safety, if the excavation is in any manner connected with construction or demolition; or,

  • The General Services Division, Bureau of Environmental Sanitation, County Health Department, when the hazard is not associated with construction or demolition.

When possible, notification shall be made on weekdays during normal business hours. When immediate notification is necessary at a time when the Grading Division is closed, the City Hall switchboard operator shall be requested to contact the duty inspector. If the General Services Division is closed, the County switchboard operator shall be contacted.

208.80 BROKEN POWER OR TRANSMISSION LINES. A power or transmission line which is broken or creates a hazardous condition shall be reported to the agency responsible for correcting the condition. The agencies are:

  • Department of Water and Power;

  • Wire and Signal Division, Department of General Services;

  • Los Angeles County Metropolitan Transit Authority;

  • Pacific Bell Telephone; and,

  • Southern California Edison Company.

If the agency responsible for correcting the condition is unknown, the Transmission and Trouble Section, Department of Water and Power, shall be notified.

208.85 BROKEN WATER FACILITIES. Any public water distribution conduit or outlet which is broken or creates a hazardous condition shall be reported by:

  • Telephone to the Water Trouble Section, Department of Water and Power; OR,

  • Radio to the communications control operator.

208.90 DEPARTMENT EMPLOYEE’S RESPONSIBILITY. Department employees may use Department of Water and Power (DWP) facilities on a temporary basis as a booking or processing center, or for surveillance purposes. Requests for temporary use of DWP facilities shall be made by a staff officer (Commander or higher). Requests for DWP services or assistance on matters not related to surveillance, investigation, arrests, or related law enforcement activities shall be handled in a manner similar to requests for DWP services from any other City agency. These requests are subject to availability of DWP personnel and equipment. Department employees using DWP facilities or equipment are prohibited from:

  • Wearing uniforms, or other articles of clothing which would identify them as DWP employees while actively engaged in surveillance, investigation, arrest, or related law enforcement activities;

  • Using DWP identified equipment, or vehicles, while actively engaged in surveillance, investigation, arrest, or related law enforcement activities; and,

  • Allowing DWP employees to actively participate in any surveillance, investigation, arrest, or related law enforcement activities.

Staff Officer’s Responsibility. Staff officers shall be responsible for preparing correspondence and approving requests for the temporary use of DWP facilities or installation of surveillance, monitoring, and communication equipment, or other devices on DWP poles. All requests for the temporary use of DWP facilities must be submitted on Department letterhead to the concerned DWP Division Head. All requests for installation of devices on DWP poles shall be submitted to a DWP System Head or his/her designee.

In cases of extreme emergency, where immediate assistance is requested and it is not possible to secure advanced written approval, a telephonic request may be made to the highest ranking senior-level DWP manager available. A written follow-up, acknowledging approval of the telephonic request, shall be submitted to DWP in a timely manner.

Note: Use of electronic surveillance equipment shall be in compliance with Department Manual Sections 3/568.10 and 3/568.15.

208.95 "SIG‑ALERT" BROADCASTS. Officers detecting disasters or emergencies which will involve a large segment of the population or cause them major inconveniences shall:

  • Make a reconnaissance of the area;

  • Determine the nature, extent, and possible duration of the disaster or emergency; and,

  • Telephone or transmit to the Communications Division all pertinent data and request a "Sig‑Alert" message.

Note: The officer in command at the scene when the emergency condition no longer exists shall be responsible for forwarding the "All‑clear."

Except in emergency situations, the CHP will be responsible for the initiation and cancellation of Sig‑Alerts on the freeway system.

209. ELDER ABUSE.

209.01 ELDER/DEPENDENT ADULT PHYSICAL AND FIDUCIARY ABUSE - DEFINITIONS.

Elder. Any person 65 years of age or older;

Dependent Adult – Any person between the ages of 18 and 64 years, who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. A “dependent adult” includes any person who has been admitted as an in-patient to a 24-hour health care facility, as defined in Section 1250, 1250.2, and 1250.3 of the Health and Safety Code;

Caretaker – Any person who has the care, custody, control of, or who stands in a position of trust, with an elder or a dependent adult;

Elder/Dependent Adult Physical Abuse – When a caretaker of an elder/dependent adult willfully inflicts upon that elder/dependent adult any cruel or inhuman corporal punishment or injury. Physical abuse includes, but is not limited to, direct beatings, sexual assault, unreasonable physical constraint, or prolonged deprivation of food or water; and,

Elder/Dependent Adult Fiduciary Abuse – When any person violates any provision of law prohibiting theft or embezzlement of any property that they know, or should know, belongs to an elder/dependent adult.

209.05 SUSPECTED ELDER/DEPENDENT ADULT, PHYSICAL OR FIDUCIARY ABUSE REPORTED BY DEPARTMENT EMPLOYEES.

Officer's Responsibilities. Officers who encounter or are informed of cases of suspected elder/dependent adult physical or fiduciary abuse must:

  • Conduct a preliminary investigation;

  • Immediately notify Adult Protective Services (APS), Elder Abuse Hotline, of the incident;

Note: Current telephone numbers can be obtained through Detective Support and Vice Division.

  • Complete a State of California 341 (SOC 341) Department of Social Services, “Report of Suspected Dependent Adult/Elder Abuse Form;”

  • Complete the required Department report (e.g., a Investigative Report, Form 03.01.00; Arrest Report, Form 05.02.00; and/or Injury Investigation, Form 03.15.00);

  • Document that a SOC 341 Form was completed in the narrative of all reports;

Note: All elder abuse reports involving serious bodily injury must be completed and approved within 2 hours after completing the investigation.  Reports for elder abuse that do not involve serious bodily injury shall be completed and approved within 24 hours after completing the investigation.

  • Assist APS staff in gaining access to a possible victim if there is probable cause to suspect the victim’s life is endangered;

  • Ensure that victims have transportation to an appropriate emergency shelter and/or referral information to the appropriate service agencies; and,

  • Initiate commitment of victims pursuant to Section 5150 of the Welfare and Institutions Code, when necessary.

Note: Investigative responsibility of an on-going elder abuse crime is usually determined by the location of the victim’s residence.

Supervisor's Responsibilities. Prior to approving any report of possible elder/dependent adult abuse supervisors must ensure:

  • Completion of State of California 341 Form;

  • State of California 341 Form was sent via facsimile to APS, and to the Area Detective Section or the responsible law enforcement agency within two working days; and,

  • Adult Protective Services was telephonically notified of the incident.

Officer in Charge, Area Detective Division, Responsibilities. The Officer in Charge, Area Detective Division, must ensure that:

  • Major Assault Crimes (MAC) Coordinator, Family Violence Detail, provides consultation and booking advice for physical abuse cases and establishes liaison with the APS office(s) serving its respective Area;

  • State of California 341 Forms are reviewed by the MAC coordinator, and a criminal investigation is conducted when necessary;

  • Copies of completed SOC 341 Forms are forwarded to APS within two working days and a copy is retained by the MAC coordinator for a minimum of three years;

  • The Burglary Coordinator provides case assignment and booking advice on fiduciary abuse cases;

  • Roll call training and training materials are provided to Area personnel; and,

  • When available, a representative from APS, Public Guardian, and the Los Angeles City and District Attorneys’ Offices attend roll call training associated with elder/dependent abuse.

Detective Support and Vice Division's (DSVD)-Responsibilities. Detective Support and Vice Division (DSVD) must maintain a current list of APS area office locations and phone numbers.

Records Unit's Responsibilities. Records unit employees, upon receipt of a report of elder abuse, must forward one copy of all related reports to the Department of Public Services (DPSS) (Manual Section 5/030.66.)

Chief Statistical Analyst

DPSS Research and Statistical

Services Section

225 East Broadway Street

Glendale, California 91205

Area Records Supervisor’s Responsibility. Each Area records supervisor must:

  • Ensure that SOC 341 Forms are forwarded to the appropriate Area Detective Division investigative unit or outside law enforcement agency;

  • Enter code “1202” into the Consolidated Crime Analysis Database data entry screen next to “Modus Operandi” for tracking purposes;

  • Transmit a facsimile of the SOC 341 Form to APS within two working days;

  • Transmit a facsimile of the SOC 341 Form to the appropriate Area Detective Division or outside Law Enforcement Agency responsible for investigating the case; and,

  • Ensure records unit employees, upon receipt of a report of elder abuse, forward one copy of all related reports to the DPSS (Manual Section 5/030.66.)

Commercial Crimes Division's Responsibilities. Commercial Crimes Division (CCD) must:

  • Provide advice and assistance to Area Detective Division personnel with elder/dependent abuse investigations;

  • Act as the Department liaison for elder/dependent adult fiduciary abuse with other law enforcement agencies, government agencies, and community groups;

  • Maintain information on current and proposed elder fiduciary abuse legislation;

  • Provide elder fiduciary abuse training materials to Area Elder Fiduciary Abuse Coordinators to assist in training; and,

  • Investigate complex elder/dependent fiduciary crimes that have resulted in a substantial monetary loss of the victim’s entire estate.

Note: The Commanding Officer, Detective Bureau, has the responsibility for determining which complex elder fiduciary abuse crimes will be investigated by CCD.

209.10 SUSPECTED ELDER PHYSICAL ABUSE REPORTED BY PRIVATE PERSONS.

Department Employee’s Responsibility. Department employees, upon telephonic notification of a suspected case of elder physical abuse, shall handle the call as a request for service according to established procedures.

Department employees, upon receipt of a Report of Suspected Elder Physical Abuse, DPSS Form PA1980, from a private person shall forward the form to the concerned Area Detective Division.

If the Area of occurrence is outside of the City's jurisdiction, the form shall be forwarded to the appropriate law enforcement agency.

Note: The Report of Suspected Elder Physical Abuse, Department of Public Social Services (DPSS) Form PA1980, is used by private persons to report cases of elder abuse to an elder protective agency.

Area Detective Division’s Responsibility. The Area Detective Division, upon receipt of DPSS Form PA1980 completed by a private person, shall conduct a follow‑up investigation and forward the form to the DPSS. If the investigation discloses that a crime has occurred, the concerned detective shall complete the appropriate crime report.

Note: When no crime report is required, the concerned detective shall so note on the DPSS Form PA1980 and maintain a copy in the detective work folder. Automated records of alleged elder abuse are maintained by DPSS and will be made available to the concerned detective upon request by contacting the Elder Abuse Section, DPSS.

209.15 CONFIDENTIALITY OF PERSONS WHO REPORT ELDER ABUSE. All requests for release of elder abuse report information shall be referred to Records and Identification Division. Employees releasing confidential information shall do so in accordance with Department Manual Sections 3/406, 3/406.10, and 3/406.20.

210. ILL AND INJURED PERSONS.

210.05 PERSONS IN DEPARTMENT CUSTODY USING PERSONAL MEDICATION. When persons to be booked and detained in Department custody have prescription medication in their possession, officers shall transport them to the Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section dispensary for medical evaluation prior to completing the booking process.

Exception: When persons in Department custody are to be booked and immediately released, a medical evaluation is not necessary.

At no time shall arrestees be allowed to administer the prescription medication to themselves. After receiving proper medical treatment, the arrestees shall be booked as advised by the evaluating physician.

Note: If the medical evaluation determines that the arrestee will require periodic dispensing of medication, the arrestee shall be booked at Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section.

210.10 MEDICAL TREATMENT BEFORE BOOKING. Officers having custody of an unbooked prisoner who is, or becomes, ill or injured, or complains of illness or injury, shall follow the procedure as set forth in Manual Section 4/648.10.

210.22 REQUESTING AMBULANCE SERVICE. Ambulance service shall be requested by:

  • Notifying Communications Division by radio; or,

  • Telephoning the appropriate Fire Department Signal Office.

210.23 HANDLING UNCONSCIOUS PERSONS. When an officer encounters an unconscious person who cannot be revived, the officer shall immediately request an ambulance. Unconscious includes a person who reacts only momentarily to a pain compliance stimulus or ammonia inhalant, or is unable to remain awake without repeated coaxing. If such a person is intoxicated, medical treatment shall be obtained prior to releasing the person to a detoxification facility for evaluation and treatment.

The officer shall obtain a copy of the Los Angeles Fire Department Rescue Report, Form 902M, from the ambulance paramedics and record the serialized number from the Form 902M on the Daily Field Activities Report (DFAR). If the Form 902M is not retained by another entity, it shall be attached to and remain with the Daily Field Activities Report (DFAR).

210.24 TRANSPORTATION AND/OR TREATMENT OF ILL OR INJURED PERSONS BY THE FIRE DEPARTMENT. When a conflict arises between the personnel of the Fire and Police Departments regarding transportation or treatment of an ill or injured person, an Emergency Medical Service (EMS) supervisor and a Department supervisor shall be requested via police radio.

The supervisors shall determine the course of action to be taken, taking into account that Fire Department personnel have the authority to make the final determination whether or not to transport or treat an ill or injured person.

Note: EMS supervisors are deployed 24‑hours a day Citywide.

Officers shall obtain the serialized number of the Fire Department Rescue Report, Form 902M, from the ambulance paramedics and record this serialized number on the Daily Field Activities Report (DFAR). When the Form 902M is not retained by another entity, a copy shall be attached to and remain with the DFAR.

The EMS supervisor and unit designation shall be recorded on the DFAR and the concerned Sergeant's Daily Report, Form 15.48.00.

210.25 OFFICERS INJURED ON DUTY. An officer injured on duty and in need of emergency treatment shall be transported by a Rescue Ambulance to the nearest qualified emergency facility. Upon the request of the injured officer, the ambulance crew will transport the officer to another reasonably located qualified emergency facility when the officer's welfare will not be impaired by so doing.

Note: A qualified emergency facility includes any Class I or Class II hospital and the Central Receiving Clinic.

210.28 INJURY OR DEATH DUE TO POLICE ACTION. When any person dies, is seriously injured, or receives a gunshot wound due to action by a member of this Department, the officer involved, when practicable, shall:

  • Request that a supervisor be dispatched to the scene; and,

  • Notify, or cause to be notified, the Watch Commander, and Detective Support and Vice Division, giving him the details of the incident.

Note:  Supervisors assigned to these calls shall verify the making of appropriate notifications. When a person is admitted into the Los Angeles County-USC Medical Center due to an injury occurring at the time of arrest resulting from action by a member of the Department, the injury shall be considered serious; and Detective Support and Vice Division shall be notified as soon as practicable.

210.29  AUTHORIZATION TO RELEASE MEDICAL INFORMATION.  Investigating officers seeking authorization for the release of medical information from any arrestee, suspect (whether in custody or not), victim, or witness shall complete an Authorization to Release Medical Information Form 05.03.00, and adhere to the guidelines delineated in the Form Use Link in Volume V of the Department Manual or in the LAPD E-Forms.

210.30 RELIGIOUS ASSISTANCE. When a person suffering from an injury or illness requests the services of a clergy member, the communications control operator shall be notified immediately. The communications control operator shall be notified whether the clergy member is to be directed to the scene of the incident or to a particular hospital or clinic. If investigation reveals that a seriously ill or injured person is a Catholic but, because of physical condition, is unable to request a priest, the communications control operator shall be notified as though a request had been made.

When the injured person is an employee of this Department, information regarding a specific clergy member to be notified may be obtained from Detective Support and Vice Division.

210.32 CLERGY MEMBERS AND DOCTORS. Clergy members and doctors shall be permitted to approach dead or dying persons. They shall be cautioned to avoid destroying any evidence.

210.34 NON - CUSTODIAL INDIVIDUALS CLAIMING INJURY DUE TO DEPARTMENT EMPLOYEE ACTIONS. When circumstances indicate that a non-custodial individual may have been, or claims to have been, injured by a Department employee, the investigating supervisor shall ensure that the individual receives a medical examination or evaluation.

Note: In the case of any medical emergency involving a non-custodial individual, the investigating supervisor shall ensure that a rescue ambulance has been requested.

A medical evaluation for evidentiary purposes shall be obtained at one of the following medical facilities. The following precedence list has been established, and facilities shall be used in descending order:

  • Department Jail Dispensary;

  • Los Angeles County Medical Centers; or,

  • If the above are impracticable, at one of the Department’s contract hospitals.

Investigating Supervisor’s Responsibility. It shall be the responsibility of the investigating supervisor to ensure that a non-custodial individual who claims to have been injured by a Department employee is examined for any signs of injury by a licensed physician and the appropriate documentation is completed. The investigating supervisor shall cause the non-custodial individual to be taken to a medical facility as delineated on the precedence list. If the evidentiary examination cannot be completed at the first medical facility the individual is brought to, the supervisor may transport the individual to a secondary medical facility as listed on the precedence list for completion of the evidentiary exam. The examining physician can provide assessment, recommendation for additional medical treatment, and documentation of any observable trauma or injuries.

Regardless of which medical facility is utilized, the individual shall only receive an evidentiary examination. An investigating supervisor shall not authorize or approve medical treatment such as sutures, surgery, tetanus shots, medication, lab work, intravenous injections (IV), etc. If medical personnel determine that immediate treatment is required, the evidentiary examination shall be concluded. The supervisor shall inform medical personnel that any further treatment shall be considered as if the individual were brought in by City paramedics or had been a walk-in patient to the hospital. Additionally, investigating supervisors shall not utilize the services of non-contract hospitals for evidentiary examinations involving non-custodial individuals.

If applicable, the supervisor shall request the individual to submit to photographs depicting injury, or lack of injury, and other pertinent details when:

  • Photographs would be of evidential value; or,

  • The injury is claimed to be the result of a Department employee action.

210.35 MEDICAL EXAMINATION FOR VICTIMS OF SEXUAL ASSAULT. Victims of sexual assault shall be transported to an appropriate contract hospital for medical care and the collection of related medical evidence as soon as possible after the crime. Officers conducting a preliminary investigation of rape cases should routinely transport the victim in a black and white police vehicle. However, if the victim shows any apprehension about riding in a black and white vehicle, or requests transportation in a plain vehicle, officers shall make a reasonable effort to transport the victim in a plain vehicle.

210.36 SEXUAL ASSAULT VICTIM’S RIGHT TO AN ADVOCATE AND SUPPORT PERSON. An officer conducting a preliminary investigation involving a sexual assault shall advise the victim of his/her right to have a victim’s advocate and at least one other support person of the victim’s choosing present during the interview. This notification need only be made during the initial interview. If a victim should invoke his/her right to an advocate or support person mid-interview or during a subsequent follow-up interview, an officer shall honor that request.

If a victim is too young to comprehend the admonition, the officer may contact the parent/guardian to determine if an advocate and/or support person would be appropriate. If there is no parent/guardian available, or if their involvement could be detrimental to the investigation, the officer shall determine if an advocate and/or support person would be appropriate. If one is needed, the officer shall contact the Area Juvenile Coordinator or Major Assault Crimes Coordinator for further assistance.

Note: An officer seeking to obtain initial information at a crime scene to determine whether a crime has been committed and/or the identity of the suspect(s) for an initial crime broadcast, is not required to make this notification at that time.

Exception: An officer may exclude any individual from being present during an interview as an advocate or support person when the officer determines that the person may be detrimental to the investigation, such as a potential suspect and/or percipient witness. However, an officer shall proceed with caution and sensitivity toward the victim when denying a victim their choice of an advocate and/or support person.

210.37 GENDER PREFERENCE IN A SEXUAL ASSAULT INVESTIGATION. An officer conducting the preliminary investigation of a sexual assault shall determine whether the victim prefers to be interviewed by an officer of the same gender. When the victim prefers to be interviewed by an officer of the same gender, the officer shall have an officer of that gender conduct the interview. However, the primary unit shall retain responsibility for completing the remainder of the preliminary investigation including completion of a crime report and arranging for medical treatment.

210.38 RAPE VICTIM COUNSELING CENTER NOTIFICATION. Whenever a victim of sexual assault is transported to a hospital for examination, the local rape victim counseling center shall be immediately notified by the responding officer upon the victim's approval. If there is more than one counseling center in the local area, the victim shall be given the opportunity to select the center to be notified. If the victim is unable or unwilling to make a choice the responding officer shall inform the follow‑up investigators, who shall attempt to obtain the victim's approval for a notification at a future time.

The Investigative Report (IR), Form 03.01.00, shall include the date and time the counseling center was notified, the name of the counseling center, and the name of the employee who made the notification.

210.39 DISTRIBUTION OF THE "TAKING ACTION: WHAT TO DO IF YOU ARE RAPED" BOOKLET.

Employee’s Responsibility. A "Taking Action" booklet shall be provided to each sexual assault victim at the time of the preliminary investigation. If it is determined that a sexual assault victim did not receive a booklet, one shall be provided to the victim during the follow‑up investigation. The Investigative Report (IR), Form 03.01.00, or the appropriate follow‑up report, when necessary, shall include a statement that a "Taking Action" booklet was provided to the victim.

Commanding Officer’s Responsibility. Commanding officers shall ensure that a supply of the "Taking Action" booklets is maintained in a secured area of the division or concerned investigative unit. Appropriate inventory controls shall be implemented to ensure that the distribution of the booklets is limited to employees who conduct, or may possibly conduct, preliminary or follow‑up investigations of sexual assault crimes.

210.40 TUBERCULARS. Tuberculars shall not be arrested for violation of an isolation of quarantine order except on a warrant charging such violation.

When no warrant exists, an officer having cause to suspect a person, other than a prisoner, of being an active tubercular shall complete an Employee's Report, Form 15.07.00. This report shall be submitted to the officer's commanding officer. It shall include:

  • The name, address, and age of the suspected tubercular;

  • The date, time, and location of the contact; and,

  • The circumstances which caused the officer to suspect the tubercular condition.

Exception: When any employee is exposed to a tubercular, they shall report the incident in compliance with Manual Section 3/712.05.

The commanding officer receiving the report shall forward it to the Tubercular Control Division, County Health Department.

210.44 ADDRESS OF INJURED PERSON UNKNOWN. When the address of an injured person is not available, the address of a friend through whom the patient might later be reached shall be obtained, if possible, for entry in the Injury Investigation, Form 03.15.00.

210.46 INCORPORATING NAME AND ADDRESS OF RELATIVE IN INJURY REPORT. When it appears that an injured person may die, the name and address of the injured person's nearest relative shall be obtained, when possible, for entry in the body of the Injury Investigation, Form 03.15.00. In these cases, the concerned investigating officers shall be notified immediately (Manual Section 4/201.30).

210.50 PHOTOGRAPHING INJURY SCENE, CITY PROPERTY INVOLVED. Photographs of the scene of an injury shall be taken, in addition to making an Injury Investigation, Form 03.15.00, when:

  • The injured person indicates that a condition of City property might have caused the injury; or,

  • There are indications that the condition of City property might have caused the injury.

Note: No circumstances of the foregoing causes shall be discussed with unauthorized persons.

The name, serial number, and division of assignment of the officer from whom photographic service was requested shall be included in the Injury Investigation, Form 03.15.00. Photographic service shall be requested from the Photographic Section, Scientific Investigation Division (Manual Section 4/212.54).

Photographs need not be taken when the injury is the result of a condition of properties of the Board of Education or the Housing Authority. Photographing of traffic collisions is not affected by this section and shall be carried out in accordance with standard procedure (Manual Section 4/430.45).

210.65 CANCELLATION OF AMBULANCE. When a unit answers a call in which an ambulance has been dispatched, and it is determined that no ambulance is needed, the communications control operator shall be informed immediately.

210.70 MATERNITY SERVICE. If no other maternity service is available, emergency ambulance service shall be requested through the communications control operator by radio or by notifying the appropriate Fire Department Signal Office by telephone when:

  • A woman's water has broken, or there is bleeding, accompanied with labor pains;

  • A woman has not had a previous child and her labor pains are three to five minutes apart and lasting thirty to sixty seconds; or,

  • A woman has had a previous normal birth and her labor pains are five to eight minutes apart.

210.75 EMERGENCY MEDICAL TRANSPORTATION. Suspects, arrestees, or others requiring emergency medical attention shall only be transported via a Rescue Ambulance (RA). It shall be the responsibility of all Department employees to request a Rescue Ambulance for a suspect, arrestee, or any other person requesting emergency medical treatment or when it is apparent that they are in need of such assistance and are unable to request.

Note: Individuals requiring emergency medical attention shall only be transported in a police vehicle during an unusual occurrence or tactical situation when it is necessary to remove the individual from a position of immediate threat to their safety. In such situations, an RA shall be requested and the individual shall be moved only the distance required to reach a safe location.

When a suspect or arrestee requires only routine medical treatment, such as pre-booking medical treatment or other non-emergency care, the person may be transported in a police vehicle to one of the following medical facilities:

  • Department Jail Dispensary;

  • Los Angeles County Medical Centers; or,

  • Department’s contract hospitals.

Note: A current list of hospitals under contract with the City can be obtained from Detective Support and Vice Division.

Blood or Medical Supplies. Emergency transportation of blood or medical supplies may be provided when necessary for the preservation of life. Approval for such transportation shall be obtained from the Commanding Officer, Detective Support and Vice Division.

210.80 FOOD POISONING. Cases of food poisoning shall be reported by telephone to the Office of the Registrar, County Health Department, without delay. If the office is closed, the emergency operator at the Hall of Justice will connect the officer with the proper person to be notified, who shall be given all available information regarding the food poisoning.

210.82 NOTIFICATION TO HEALTH DEPARTMENT OF ABUSE OR NEGLECT AT NURSING HOMES. An officer who receives information that a patient has been physically neglected or abused in a health facility, nursing home, etc., (as defined in Section 1250 of the Health and Safety Code) shall telephonically notify the Health Facilities Division, County Health Department, as soon as practicable. The name of the Health Department employee notified shall be included on the appropriate Department report.

210.85 INJURIES IN BUILDINGS. Accidents wherein persons are seriously injured or die as a result of suspected deficiencies in buildings or mechanical equipment located therein shall be reported by telephone to the Investigation Division, Department of Building and Safety. When that office is closed, the concerned watch commander shall be notified. The watch commander shall cause the notification to be made as soon as practicable during the next normal business day. Types of accidents in structures requiring notification could include serious injury or death due to:

  • Asphyxiation.

  • Building collapse.

  • Electrocution.

  • Explosion.

  • Mechanical equipment failure.

210.90 NOTIFICATION OF DEADLY WEAPON INJURY. An officer who receives information concerning a wanted suspect who possibly has an injury inflicted by a deadly weapon, or information that a person has been treated at a medical facility for an injury possibly inflicted by a deadly weapon, shall, in addition to any other notification, telephone Detective Support and Vice Division and supply the following information:

  • Name of the wounded person (if known);

  • Physical description of the wounded person;

  • Description of injury and type of weapon used;

  • Crime involved (if known);

  • Date, time, and location injury occurred;

  • Description of wounded person's vehicle (if known);

  • DR number of crime or injury report;

  • Reporting officer's name, serial number, and division; and,

  • Name, address, and business phone of the person treating the injured person when the information pertains to medical treatment.

212. REQUESTING AID IN THE FIELD.

212.10 ASSISTANCE BY INVESTIGATING OFFICERS. When a radio patrol unit answers a call involving a major crime, and the circumstances indicate the need of immediate investigation by investigating officers, the concerned investigating officers shall be notified without delay (Manual Section 4/201.30). When practical, requests for investigating officers shall be made by telephone. If the request is made by radio, an officer shall, when practicable, remain by the radio until he/she is informed that the requested unit has been dispatched or is not available.

212.12 INVESTIGATION OF ABORTIONS. The Abortion Detail, Robbery‑Homicide Division, shall be responsible for all preliminary and follow‑up abortion investigations. When an employee receives information concerning the victim of an illegal abortion, or any known or suspected illegal abortion activity, he/she shall immediately telephone all available information to Robbery‑Homicide Division. When Robbery‑Homicide Division is closed, notification shall be made to Detective Support and Vice Division.

212.14 INVESTIGATION OF COMPUTER ‑ RELATED CRIMES. The Fraud Section, Commercial Crimes Division, shall be responsible for the preliminary and follow‑up investigations of any crime committed through the use of computer‑stored information or sabotage to computer‑stored information and for completing the necessary reports. An officer who receives such information shall immediately notify Commercial Crimes Division. When Commercial Crimes Division is closed, the notification shall be made to Detective Support  and Vice Division, which shall determine the necessity for immediate notification to Commercial Crimes Division.

212.15 ASSISTANCE BY SCIENTIFIC INVESTIGATION DIVISION. The officers investigating the scene of a crime shall determine whether a specialist from Scientific Investigation Division shall be summoned to the scene (Manual Section 4/212.44). If a crime is such that latent or microscopic evidence, or hazardous chemicals such as nitrous oxide may be present, the assistance of the concerned specialist from Scientific Investigation Division shall be requested. Officers requesting a field investigation by a unit of Scientific Investigation Division shall make the request by telephone whenever possible. When necessary, and a telephone is not available, the request may be made by radio. In accordance with Manual Section 4/201.30, when a telephonic notification should be made to an investigative unit, and the unit is not available, the notification shall be made to Detective Support and Vice Division.

212.20 RADIO REQUESTS FOR SCIENTIFIC INVESTIGATION DIVISION UNITS. When a radio request for Scientific Investigation Division units is made (Manual Section 4/212.15), it shall be made by obtaining a clear frequency and supplying the following applicable items of information:

  • Unit making the request;

  • Unit requested;

  • Type of crime or incident to be investigated;

  • Type of assistance required (lifting fingerprints, obtaining plaster casts, taking photographs, etc.);

  • Location where service is requested; and,

  • All other pertinent information.

The request shall be made by radio only when the situation demands immediate scientific investigation, and a telephone is not available.

212.21 RETRIEVAL AND BOOKING OF VIDEO EVIDENCE.  Investigating officers (I/Os) and officers retrieving video evidence shall follow the established procedures for the retrieval and booking of video evidence.

 

Note:  This procedure does not apply to video evidence generated by the Department (e.g. In-Car Video, uniformed officers carrying audio/video recorders, Area security cameras).  Additionally, this procedure does not apply to video evidence contained within Video Cassette Recorders (VCRs).  For situations wherein evidence resides within a VCR, the I/O shall extract the entire cassette and book the evidence at Electronics Unit, SID.

 

INVESTIGATING OFFICER’S AND OFFICER’S RESPONSIBILITIES.  Investigating officers and initial responding officers conducting investigations where security cameras are present at crime scenes shall follow the following procedure when retrieving video evidence from the concerned Digital Video Recorder (DVR) prior to scheduling an appointment with the Electronics Unit:

 

  • Determine if an operator (i.e., owner, employee, or system installer) with knowledge of the DVR's operation is present at the scene.  If that person is not present, determine if someone with equivalent knowledge will respond to the location;

  • Verify with the operator that the DVR is operational and was recording at the time of the incident and that there  is useable video for retrieval;

  • Determine when the DVR system over-writes (records over previously-recorded information) to prevent erasure of video evidence;

Note:  The Electronics Unit should be notified immediately to retrieve video evidence if the I/O or officer determines the DVR system would over-write the video evidence and the I/O or officer cannot arrange for the evidence capture in a timely manner;

  • Obtain a copy of the video evidence from the operator;

Note:  If no operator is available to retrieve the video evidence from the DVR, the I/O who has received training on evidence retrieval from DVRs from the Electronics Unit, or if the I/O is confident and knowledgeable about evidence retrieval from the concerned DVR, may complete the above steps.

 

·     Obtain the video player software (and/or codec) to ensure playback by the Electronics Unit; and,

·     Document the make and model of the DVR, system time, and actual time of the video evidence for reference.

Officers that have retrieved video evidence shall:

 

  • Indicate at the beginning of the appropriate report (e.g., Arrest or Investigative Report) that video evidence was retrieved;

  • During regular business hours, deliver the video evidence to the concerned detective table; and,

  • During off-hours, place the video evidence in an envelope, indicate the Division of Records number and the concerned detective table handling the investigation outside the envelope and store it in the divisional evidence locker for the concerned I/O.

 

Note:  Indicate at the beginning of the appropriate report that video evidence was retrieved and is being held in the divisional evidence locker.

 

Investigating officers shall:

 

  • Retrieve the video evidence from the divisional evidence locker;

  • Make a copy or copies of the video evidence via the divisional media duplication station;

  • Place the retrieved video evidence (original copy of the video evidence retrieved from the crime scene) inside an envelope containing the six-digit SID media number provided by Electronics Unit, SID, and complete the "B" slip of the Sound Recording Tape Issue/Receipt, Form 12.48.00; and,

  • Deliver the video evidence to the divisional Recording Media Coordinator for storage.

 

The investigating officer and initial responding officer shall be responsible for the following:

 

Note:  When an operator, I/O or officer cannot obtain a copy of the video evidence (e.g., if the I/O or officer is not confident and knowledgeable about evidence retrieval from the concerned DVR), an appointment shall be made with the Electronics Unit.

 

  • Determine the specific date, time, and camera views needed for retrieval, prior to arrival of an Electronics Unit technician;

  • Be at the scene to meet the responding Electronics Unit technician to ensure that all required video evidence is obtained;

  • Inform the Electronics Unit technician, in advance, of any hazardous or unconventional methods that need to be addressed to ensure successful evidence retrieval (e.g., DVR equipment secreted in an above-ceiling area); and,

  • If evidence is excessive, (e.g., lengthy timeframe or numerous cameras), the I/O or officer shall be prepared to seize the DVR for processing at the Electronics Unit.  In this instance,  Electronics Unit shall be contacted to coordinate the DVR seizure.

 

Note:  At no time shall the DVR be turned off prior to video evidence being retrieved by the Electronics Unit unless the proper shut-down procedure can be identified, as valuable evidence may be lost.

 

RECORDING MEDIA COORDINATOR’S RESPONSIBILITIES.  The Recording Media Coordinator or their designee shall:

 

·         Document the video evidence information on the Recording Media Inventory;

·         Store the video evidence in a designated locked cabinet only until it is transferred to the SID media vault; and,

·         Book the video evidence into the media vault of the Electronics Unit at Piper Tech – Space 270, as soon as practicable.

 

ELECTRONICS UNIT, SCIENTIFIC INVESTIGATION DIVISION’S RESPONSIBILITIES.  The Electronics Unit, SID, shall:

 

  • Store video evidence retrieved from DVRs;

  • Respond to crime scenes to perform video evidence retrieval when such evidence retrieval cannot be performed by an I/O, officer or operator;

  • Provide periodic training to I/Os in video evidence retrieval; and,

  • Be available for consultation with I/Os and officers requiring guidance concerning retrieval of video evidence.

 

Note:  During off-hours, an on-call Electronics Unit technician can be contacted through Real-Time Analysis and Critical Response Division for consultation.

 

212.25 TELEPHONIC REQUESTS FOR SCIENTIFIC INVESTIGATION DIVISION UNITS. A telephonic request shall be made by calling the desired unit directly and supplying the following information:

  • The DR number;

  • Unit making the request;

  • Type of crime or incident to be investigated;

  • Type of assistance required;

  • Location where service is requested; and

  • All other pertinent information.

212.30 OBTAINING DR NUMBERS. Prior to making a telephonic request for a unit of Scientific Investigation Division, a DR number shall be secured for the concerned report(s).

212.35 FORWARDING REQUEST INFORMATION. An employee receiving a radio request for a unit of Scientific Investigation Division shall immediately relay the information to the unit requested.

212.40 RESPONSIBILITY FOR PROTECTING EVIDENCE. Officers requesting the assistance of a specialist from Scientific Investigation Division shall be responsible for the protection of evidence until relieved by the specialist.

212.44 FINGERPRINT INVESTIGATION. Each Area commanding officer shall assign available latent print field kits to police units as needed to most effectively conduct fingerprint investigations in a geographic Area.

Officers assigned to police units with latent print field kits shall normally be responsible for fingerprint investigations that are not the responsibility of the Latent Print Section, Scientific Investigation Division. With approval of the Latent Print Section, officers may conduct fingerprint investigations that are normally the responsibility of Scientific Investigation Division.

Requests for fingerprint investigations which are the responsibility of Scientific Investigation Division shall be made to the Latent Print Section, Scientific Investigation Division (Manual Section 4/201.30).

Exception: In the Valley areas, requests for fingerprint investigations shall be made to the Valley Section, Scientific Investigation Division.

When assistance of a fingerprint section is requested, the requesting officers shall caution persons about the premises to touch nothing which might bear fingerprints. Requests for an investigation of possible fingerprints on a porous substance shall be made without delay.

Note: The Department shall provide required fingerprint investigations within the City when requested by the:

  • California Highway Patrol;

  • Los Angeles Community Colleges Police;

  • Los Angeles Department of General Services Security Division;

  • Los Angeles Harbor Department Port Warden;

  • Los Angeles Housing Authority Patrol Division;

  • Los Angeles Unified School District Police Department; and,

  • University of Southern California Security Department.

Qualified officers of these outside agencies may conduct their own latent print investigations.

212.45 INVESTIGATIONS INVOLVING BOMB THREATS AT SCHOOLS. An employee receiving information regarding a bomb threat at a school or college shall notify the Area Detective Division watch commander, Area of occurrence, without delay. The Area Detective Division watch commander shall notify the geographic Area Patrol Division watch commander of the bomb threat, dispatch an investigating officer to the scene to conduct the preliminary investigation and contact Bomb Detection K-9 Section and the Bomb Squad through RACR. When an investigating officer is not available, the Area Detective Division watch commander shall request that the Area Patrol Division watch commander dispatch a patrol unit.

Note: When the Area Detective Division is closed, the notification shall be made directly to the geographic Area Patrol Division watch commander, who shall cause a patrol unit to respond.

The watch commander dispatching personnel to the scene of a school bomb threat shall notify the security officer or person in charge of the school and request that a security officer or school official respond to the scene.

The decision to evacuate a school or to search a school during school hours rests with the school official in charge.

If investigation reveals that dangerous explosives may be involved, Criminal Conspiracy Section, Major Crimes Division, and the Hazardous Devices Section, Emergency Services Division, shall be immediately notified (Manual Section 4/212.50).

Notification concerning bomb threats at schools shall be made by telephone when possible. Department personnel shall avoid transmitting the information by means likely to result in its becoming generally known.

Notification of the incident shall be made to the Department Command Post, Real-Time Analysis and Critical Response Division (RACR).

212.46 MARKS OR TRACKS. Requests for the taking of plaster casts of marks or tracks shall be made to the Latent Print Section, Scientific Investigation Division (Manual Section 4/201.30). When photographs of tracks or marks may be necessary, the assistance of the Photographic Section, Scientific Investigation Division, shall be requested (Manual Section 4/201.30).

212.47.  RESPONSE TO BOMB THREATS. 

 

COMMUNICATIONS DIVISION’S RESPONSIBILITIES.  When Communications Division receives a call of a bomb threat at a government facility, critical infrastructure or key resource location, a patrol unit shall be assigned in accordance with current procedures.

 

OFFICER’S RESPONSIBILITIES.  Upon being assigned to a bomb threat, officers shall:

 

·         Conduct an initial assessment of the location consistent with current procedures;

·         Depending on the conclusions of the officer’s initial assessment, advise the responsible party that the officers will request that a search of the premises be conducted by Bomb Detection K-9 teams and Bomb Squad personnel.  If the officer’s initial assessment does not support a search of the premises, the officer shall follow the established procedures for handling a bomb threat;

 

Note:  The responsible party must be notified that a search by Bomb Detection K-9 and Bomb Squad personnel will require some degree of evacuation of the areas to be searched.

 

·         Contact the Bomb Detection K-9 Section and the Bomb Squad through Real-Time Analysis and Critical Response (RACR) Division to request that the location be searched by Bomb Detection K-9 and Bomb Squad personnel;

·         Contact the Bomb Detection K-9 Section or the Bomb Squad if a suspicious item (e.g., package, device) or anything of a suspicious nature is found during the initial assessment; and,

·         Complete an Investigative Report, Form 03.01.00, titled “Suspicious Activity” at the conclusion of the incident, in consultation with the on-scene Bomb Squad or Bomb Detection K-9 supervisor.

 

BOMB DETECTION K-9 SECTION AND BOMB SQUAD’S RESPONSIBILITIES.  Upon notification that their resources have been requested at the location of a bomb

threat, Bomb Detection K-9 Section and Bomb Squad personnel shall:

 

·         Have a Bomb Detection K-9 Section supervisor conduct an assessment based on current intelligence, situations and events occurring locally, nationally or internationally and Section capabilities; and determine whether Bomb Detection K-9 Section and Bomb Squad personnel will respond;

·         Respond “Code Three” to the location if it is determined that Bomb Detection K-9 Section and Bomb Squad resources will be used;

 

      Note:  The Bomb Squad supervisor at scene shall have authority over the search.

 

·         Conduct a search of the location; and,

 

Note:  If, at any time during the search, a Bomb Detection K-9 alerts to the presence of explosives, a possible explosive device is located, or additional information is received making the threat specific in nature, the K-9 search shall be stopped and existing Bomb Squad protocols shall be followed.

 

Advise the responsible party at the conclusion of a search with negative results that the search did not reveal the presence of any explosive device nor odor, and that Bomb Detection K-9s did not alert to the presence of an explosive odor.  However, the occupants of the location should be advised to remain vigilant for unidentified items or conditions that may be out of the ordinary.

 

212.48 INVESTIGATIONS INVOLVING POISONS. When it is suspected that a major crime involves the use of poison, the Criminalistics Laboratory, Scientific Investigation Division, shall be notified immediately (Manual Section 4/201.30).

 

212.49  INVESTIGATIONS INVOLVING HAZARDOUS MATERIALS.

 

Definition. The term "hazardous material" shall mean any chemical,  chemical mixture, or contaminant that is toxic, corrosive, volatile, reactive, explosive, or flammable and has the capacity of inducing great bodily injury or illness or that has been determined to be capable of posing an unreasonable risk to health, safety, or property. Hazardous materials include all chemical, biological, and radiological substances, including those also referred to as Weapons of Mass Destruction (WMD), whether accidentally or intentionally released.

Preliminary Investigations of Incidents Involving or Potentially Involving Hazardous Materials.  An employee becoming aware of the actual or suspected presence of a hazardous material that has been seized or discovered as a result of police action shall immediately isolate the area/material and initiate the following:

  • If the incident is dynamic, meaning the product has been released or there are injuries or complaints of injuries as a result of exposure, officers shall request the Fire Department as well as Hazardous Materials Unit (HMU), Emergency Services Division (ESD).  The product shall be treated as an unknown hazard until analyzed and categorized by hazardous materials technicians from HMU and/or the Fire Department; or,

  • If the incident is static, meaning the product has not breeched its containment vessel or does not outwardly appear to present an immediate public safety hazard, officers shall request HMU, ESD.  All materials shall be treated as an unknown hazard until analyzed and categorized by hazardous material technicians from HMU.

 

Note:  After normal business hours, notification shall be made to Real Time Analysis and Critical Response (RACR) Division.

Handling. When notified of a seizure of a suspected hazardous material, a specialist from HMU shall respond to the scene and:

  • Determine the hazard posed by the material;

  • Implement safeguards appropriate for the handling of the chemical;

Note: No attempt shall be made to neutralize, move, or transport any hazardous material except under the direction of an HMU specialist.

Responding HMU technicians wearing appropriate Personal Protective Equipment (PPE) shall:

 

·         Identify and designate control zones;

·         Determine the hazard and categorize the materials involved;

·         Mitigate the threat posed to life, environment, and property;

·         Collect, document, and book evidence;

·         When conditions permit, obtain a sample and photograph the gross amount of the material; and,

·         Arrange for the disposal of any quantity of the material cannot be safely stored in available facilities;

Booking: Employees booking a sample of a hazardous material shall include in the Property Report, Form 10.01.00, the gross amount and disposition of the chemical seized.  Proper packaging and labeling of hazardous chemical evidence prior to booking, is performed by Scientific Investigation Division (SID), Hazardous Chemical Team.

INVESTIGATIONS INVOLVING ILLICIT LABORATORIES. 

Definition.  The term “illicit laboratory” shall mean the location of equipment and/or material(s) used to produce illegal narcotics as well as chemical, biological, and radiological weapons or agents.

 

Preliminary Investigations of Illicit Laboratories. Illicit laboratories are capable of producing chemical and biological agents or weapons, as well as narcotics, and may appear similar.

 

Officers conducting a preliminary investigation of an illicit laboratory containing hazardous materials, chemicals, or when entry is made into a location not previously known to contain an illicit laboratory and such a laboratory is discovered, officers shall immediately exit and secure the perimeter of the location, evacuate adjacent inhabited dwellings, request that a field supervisor respond to the scene, and make appropriate notifications:

 

Officers shall not enter an illicit laboratory to apprehend suspects or to prevent the destruction of evidence, absent the authorization of the Illicit Laboratory Squad or the HMU, ESD. 

Notifications.

  • If the incident is dynamic, officers shall isolate the area/materials and request the Fire Department as well as hazardous materials technicians from HMU, ESD; and,

  • If the incident is static and/or the purpose of the material or production is unknown, officers shall request HMU, ESD; and,

  • If it is determined the purpose of the illicit laboratory is for the production of narcotics, the Illicit Laboratory Squad, GND, shall be notified.

Note: After normal business hours, notification shall be made to RACR. 

 

Investigative Responsibility.  The investigative responsibility of clandestine narcotic laboratories is the Illicit Laboratory Squad, GND.

 

Incidents involving hazardous materials and other suspected illicit laboratories or those whose purpose is unknown are the investigative responsibility of the HMU, ESD, and investigative personnel of Major Crimes Division.

 

All investigative entities responding to and/or participating in any illicit laboratory investigation shall document their degree of participation prior to leaving the investigative scene.  The participation shall be documented on an Investigative Action/Statement Form, Form 03.11.20.

 

Note:  Preliminary response and/or investigations involving or potentially involving hazardous materials shall be performed in accordance with the Code of Federal Regulations 1910.120(q) and Title 8, California Code of Regulations 5192(q).

 

Exception:  Procedures governing hazardous substances, which become a police problem as a result of a traffic collision, are not affected (4/430.10).

 

212.50 INVESTIGATIONS INVOLVING EXPLOSIVES. The initial employee who encounters any explosive material or pyrotechnic device shall contact a specialist from the Hazardous Devices Section, Emergency Services Division, prior to handling the item(s). This contact should be made telephonically either directly to the Hazardous Devices Section during regular business hours or through the Department Command Post, Real-Time Analysis and Critical Response Division (RACR) at other times.

Note: A pyrotechnic device is any combination of materials which is activated by fire to produce an audible, visual, mechanical or thermal effect. A pyrotechnic device contains explosive material and should be considered hazardous until a determination is made by the Hazardous Devices Section.

The Hazardous Devices Section specialist will speak directly to the officer or supervisor who has physical custody of the explosive material or pyrotechnic device prior to providing direction on its handling and/or booking.  Employees shall follow the specialist’s direction on handling and booking the item(s).

Note: A "Code Five Edward" (Manual Section 4/120.40) shall be used to notify Air Support Division (ASD) personnel of an explosive hazard to low-altitude aircraft.

Notification of the incident shall be made to the Administrative Unit, Detective Support and Vice Division.

Los Angeles International Airport. The Hazardous Devices Section, Emergency Services Division, shall direct all searches of aircraft or facilities at the Los Angeles International Airport.

Note: In the event a specialist takes custody of explosive material, the officer completing the Property Report (Manual Section 4/510.20) shall include this information in the report.

212.51  HAZARDOUS CHEMICAL TEAM, SCIENTIFIC INVESTIGATION DIVISION, RESPONSIBILITY.  When notified of a seizure of a nitrous oxide tank or cylinder, a specialist from HCT, SID shall:

  • Respond to the scene to assist officers with their investigation;

  • Transport the seized nitrous oxide compressed tank or cylinder to the commercialized warehouse, Property Division; and,

  • Upon officers' request, obtain a sample of nitrous oxide from a cylinder or balloon for analysis.

212.52 CRIME SCENE MAPS. If a detailed drawing of the scene of a crime is desired, the Police Surveyor, Scientific Investigation Division, shall be requested (Manual Section 4/201.30). The particular objects and the specific place to be surveyed shall be clearly stated.

212.54 PHOTOGRAPHS. Requests for photographic services, other than traffic, training, public relations activity, or fingerprints, shall be directed to the Photographic Section, Scientific Investigation Division (Manual Section 4/201.30).

212.56 DEVELOPING BOOKED FILM. When booked film needs to be developed, the investigating officer (I/O) shall:

  • Request the Property Disposition Coordinator (PDC) “Release” (in APIMS) the film to the I/O;

Note: The PDC shall enter “To be developed” in the additional comments field.

  • Obtain the film from Property Division and transport it to the Photo Lab, SID for development; and,

  • Complete a supplemental Property Report, Form 10.01.00, listing the photographs or negatives as the next sequential item number from the most recent Property Report; or,

  • Complete a Follow-up Investigation, Form 03.14.00, if the photographs or negatives are to be retained at the Photo Lab, SID; and,

  • Include the Photo Lab PC number on the Property Report.

212.60 UNDERWATER SEARCH. When an underwater search is deemed necessary, investigating officers shall notify their commanding officer. When a search is necessary, the commanding officer shall:

  • Notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR);

  • Advise on the urgency of the search; and,

  • Give exact location where searching team shall meet;

The Department Command Post, Real-Time Analysis and Critical Response Division (RACR), shall:

  • Notify the Officer in Charge, Underwater Dive Unit. The Officer in Charge will determine if the request for search or recovery is in furtherance of Department objectives and in keeping with Department policies;

  • Select officers from the Underwater Search Roster maintained by the Department Command Post, Communications Division;

  • Notify the duty watch commanders of the selected officers' units of assignment, of the location and time of search; and,

  • After selection of officers has been verified, notify the requesting unit of time and place officers shall meet.

The duty watch commanders of the selected officers shall:

  • Determine selected officers' availability;

  • Inform officers of the location of search and reporting time; and,

  • Notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), of officers' availability and time notified.

212.70 CANINE (K‑9) PLATOON. The services of the Canine Platoon, Metropolitan Division, are available on a 24 hour‑a‑day basis. When Department personnel determine there is a need for the services of the Canine Platoon, requests shall be made through Communications Division or by telephonically contacting Metropolitan Division.

212.72 CRISIS NEGOTIATION TEAM. When the Incident Commander at an incident determines that a Crisis Negotiation Team may be of assistance, the Incident Commander shall contact the Metropolitan Division watch commander telephonically, when practicable, or through Communications Division via radio.

212.74 MOUNTED PLATOON. Commanding officers of Areas/divisions wishing to have the Mounted Platoon deployed shall make the request by forwarding an Intradepartmental Correspondence, Form 15.02.00, to the Commanding Officer, Metropolitan Division. The Commanding Officer, Metropolitan Division, has the responsibility for evaluating requests and deploying the unit as appropriate. Requests of an emergency nature may be made telephonically.

212.76 SPECIAL WEAPONS AND TACTICS (SWAT). When the Incident Commander determines that a SWAT team may be of assistance, the Incident Commander shall contact the Metropolitan Division Watch Commander telephonically, when practicable, or through Communications Division via radio. When requesting SWAT, the Incident Commander should be prepared to give a detailed briefing of the situation.

If SWAT expertise is anticipated to be required at a planned event, such as the service of a high-risk warrant, and time permits, the commanding officer of the requesting entity shall submit a request via Intradepartmental Correspondence, Form 15.02.00, to the Commanding Officer, Metropolitan Division.

212.77 Rapid Extraction and Dismantling (RED) Team. The mission of the RED Team is to provide support to field personnel who are presented with a civil disturbance that is beyond the capabilities of field personnel. The RED Team is responsible for:

  • Responding upon the request of the Incident Commander with specially trained and equipped personnel to defeat man-made obstacles used to enhance acts of civil disobedience; and,

  • Overcoming unlawful deployment of subjects or obstacles through the use of technical rope operations and/or mechanical dismantling techniques.

The Incident Commander at a civil disobedience incident shall request the RED Team, through the Metropolitan Division Watch Commander or Communications Division, when the following criteria are met:

  • Subject is engaged in a crime;

  • Subject refuses to submit to arrest; and,

  • Subject has positioned himself/herself in such a manner or location that defeats conventional methods and means to affect his/her removal and arrest.

213. NON - TRAFFIC NOTICE TO APPEAR BOOKLETS.

213.10 RESPONSIBILITY FOR ISSUING NON - TRAFFIC NOTICE TO APPEAR BOOKLETS. All Area commanding officers shall maintain supplies of Non - Traffic Notice to Appear booklets for issuance to officers.

213.15 ISSUANCE OF NON - TRAFFIC NOTICE TO APPEAR BOOKLETS. Concerned commanding officers shall cause a Record of Citation Books, Form 04.15.00, to be maintained, recording the issuance and return of Non - Traffic Notice to Appear booklets.

When practicable, officers shall draw Non - Traffic Notice to Appear booklets from the place of issuance which normally serves their Area or division.

213.20 OFFICERS RECEIVING NON - TRAFFIC NOTICE TO APPEAR BOOKLETS. Upon receiving a Non - Traffic Notice to Appear booklet, the officer shall print in ink his or her name and serial number on the front cover. No notation of any kind shall be made on any citation prior to use.

213.25 DISPOSITION OF COMPLETED NON - TRAFFIC NOTICE TO APPEAR BOOKLETS. When all citations in a Non - Traffic Notice to Appear booklet have been used, it shall be submitted to a supervisor in the officer's division or Area of assignment. After review, the booklet shall be returned to the watch commander at the location of issuance. The date of return shall be recorded on the Record of Citation Books, Form 04.15.00. The booklet shall be filed by book number in the division or Area. Booklets may be destroyed six months after the date of the last citation.

213.30 DISPOSITION OF TRANSFERRED OFFICERS' NON - TRAFFIC NOTICE TO APPEAR BOOKLETS. An officer transferred to a unit, division, or Area in another section of the City shall return any Non - Traffic Notice to Appear booklet to the location of issuance after review by a supervisor in the division or Area from which the officer is transferring.

The date of return of the booklet and the number of unused citations shall be recorded on the Record of Citation Books, Form 04.15.00. The booklet shall then be available for reissuance.

213.35 LOST OR DAMAGED NON - TRAFFIC NOTICE TO APPEAR BOOKLETS. When a Non - Traffic Notice to Appear booklet is lost or damaged, an Employee's Report, Form 15.07.00, shall be completed. It shall specify the numbers of the citations which were not issued. After the Employee's Report has been approved by the employee's supervisor, it shall be forwarded to the location of issuance, where the information shall be recorded on the Record of Citation Books, Form 04.15.00. A damaged booklet, or a booklet found after an Employee's Report has been completed, shall be returned to the location of issuance and stored as a completed booklet. The found or damaged booklet shall not be reissued.

213.45 ERRORS OR OMISSIONS ON NOTICE TO APPEAR CITATION. The procedure to correct errors or omissions on the Non-traffic Notice to Appear, Form 05.02.02, has been revised as follows:

  • Defendant’s Copy Available. When an error is noted on the Non-traffic Notice to Appear, Form 05.02.02, and the defendant’s copy is available, the issuing officer shall draw a single line through the error and legibly print the correct information as near as possible to the error on the original and all copies of the Non-traffic Notice to Appear form. The officer shall write the words "Defendant Copy Corrected" followed by the officer's initials, in the top margin above the form number on all copies of the Non-traffic Notice to Appear; and,

  • Defendant’s Copy Not Available. When an error or omission is noted on the Non-traffic Notice to Appear and the defendant’s copy is not available, the correct information shall be reported on a Notice of Correction and Proof of Service, Form 04.07.00 The pink (defendant’s) copy of the completed Form 04.07.00 must be mailed to the defendant in all cases. When the error or omission will impact a follow-up investigation, the Follow-Up Investigation, Form 03.14.00, shall also be completed.

213.50 CANCELLATION OF NON - TRAFFIC NOTICE TO APPEAR, FORM 05.02.02. A Non - Traffic Notice to Appear may be canceled only when approved by the first available officer in the following sequence:

  • Officer in Charge; or,

  • Watch Commander.

Note: If the defendant’s copy has been issued and is not available, or the Non - Traffic Notice to Appear has been distributed, the Follow‑Up Investigation, Form 03.14.00, shall be used to report the cancellation.

The officer requesting the cancellation shall:

  • Write the word "VOID" across the Non - Traffic Notice to Appear;

  • Write the reason for the cancellation on the book copy (pink); and,

  • Cancel the DR number if one has been obtained.

The approving officer shall:

  • Date and sign the book copy; and,

  • Destroy the original (white) and defendant’s copy (blue).

213.55 DESCRIPTION OF DEFENDANT ON NON - TRAFFIC NOTICE TO APPEAR. In addition to specific descriptors required on a Non - Traffic Notice to Appear, Form 05.02.02, the officer completing the citation shall list visible, obvious tattoos, scars, birthmarks, missing extremities and/or deformities in the "Other Description" field.

214. UNUSUAL INCIDENTS.

214.15 INCIDENTS INVOLVING A BARRICADED SUSPECT/HOSTAGE. The Incident Commander at a barricaded suspect/hostage incident shall request the Special Weapons and Tactics Team (SWAT) when all of the following criteria are met:

  • The suspect is probably armed;

  • The suspect is believed to have been involved in a criminal act or is a significant threat to the lives and safety of citizens and/or police;

  • The suspect is in a position of advantage, affording cover and concealment; or, is contained in an open area and the presence or approach of police officers could precipitate an adverse reaction by the suspect; and,

  • The suspect refuses to submit to arrest.

214.20 IMMEDIATE ACTION/RAPID DEPLOYMENT. Immediate Action/Rapid Deployment is the swift and immediate deployment of law enforcement resources to on-going, life threatening situations where delay could otherwise result in death or great bodily injury to innocent persons. Immediate Action/Rapid Deployment will generally require the immediate configuration of responding resources into Contact and Rescue Teams. The overall objective of a Contact and/or Rescue Team is to save as many lives as possible through a coordinated effort.

The primary mission of a Contact Team is to limit the movement of a suspect(s), stop the deadly behavior, prevent escape, and provide a preliminary assessment of the incident.

The mission of a Rescue Team is to rescue and recover victim(s), move them to a safe area, and obtain medical treatment if necessary. Accomplishment of this mission requires coordinated actions with the team leader of the Contact Team. Generally, these teams comprise a minimum of four officers each.

214.25 INCIDENTS REQUIRING HANDLING OF RADIOACTIVE MATERIALS. Officers investigating an incident in which radioactive materials may be present shall:

  • Keep all persons and conveyances at a safe distance from radioactive materials or liquid run‑off; and,

  • Immediately notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), of the incident. If a criminal or traffic investigation is required at the scene, officers shall request a Department radiological monitoring officer. The request shall include the name of the owner of the material (if known); location, type, and quantity of material involved; requests for barricades or other special traffic control devices; and the phone number where the requesting officer may be reached, if practicable.

Note: Radioactive materials in transit may be identified by its symbol.  This symbol is a trifoliate design with a purplish red (magenta) center and yellow leaves.

214.45 SIGNIFICANT INFORMATION IMPACTING CITY GOVERNMENT NOTIFICATION. When an employee receives information which may have a significant impact on the operations of City government or when the news value of such information may have a similar impact, the employee shall:

  • Immediately notify the Director, Office of Operations; or,

  • When that office is closed, immediately notify the Watch Commander, the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), who shall in turn notify the Director, Office of Operations.

Note: Employees are also responsible for making notifications of significant information to their immediate supervisor.

214.50 REAL TIME ANALYSIS AND CRITICAL RESPONSE DIVISION NOTIFICATION.  The following incidents require notification to

Real-Time Analysis and Critical Response (RACR) Division:

Categorical Use of Force Incidents.

  • All officer-involved shootings;

  • All uses of an upper body control hold by a Department employee, including the use of a modified carotid, full carotid or locked carotid hold;

  • All deaths while the arrestee or detainee is in custodial care of the Department [also known as In-Custody Death (ICD)];

  • A use of force incident resulting in death;

  • A use of force incident resulting in an injury requiring hospitalization; and,

  • Animal Shootings.

Note:  The term “hospitalization” as used in this Section, requires the individual to be admitted to a hospital for treatment or observation, Manual Section 3/794.02.

Other Incidents Investigated by Force Investigation Division.

  • An incident in which a member of the public is bitten by a Department canine and hospitalization is required; and,

  • Incidents where the Department has agreed to conduct similar critical incident investigations for a non-Department entity (e.g., a Los Angeles Fire Department Arson Unit).

Autopsy Notifications.  When notified by the coroner's office of a scheduled autopsy, RACR will make the necessary notification to the investigating officer (I/O).  When RACR is unable to contact the I/O, RACR must notify a person in the I/O's chain of command (such notification must begin with the I/O's officer in charge and progress upward until contact is made with a person in the I/O's chain of command).

Patrol Related Incidents.

  • Barricaded suspect or SWAT call-out;

  • Bomb Squad call-out;

  • CARE/AMBER Alerts;

  • All homicides;

  • All pursuits;

  • Shootings in which any person(s) are wounded;

  • Incidents motivated by hatred (DR Number is required prior to notification);

  • Perimeters involving outstanding suspects;

  • Bank Robberies;

  • Take-Over Robberies;

  • Stranger Rapes; and,

  • All Critical Missing persons.

Traffic Incidents.

  • Fatal Traffic Collisions;

  • Traffic collisions involving multiple victims with serious injuries; and,

  • Traffic collisions involving children under 15 years of age with serious injuries.

Unusual/Major Occurrences.

  • Major demonstrations or mass arrests;

  • Disasters including chemical spills, gas main leaks or breaks, major fires or disturbances, aircraft accidents;

  • Department Operations Center (DOC) activation or deactivation;

  • City Emergency Operations Center (EOC) activation or deactivation;

  • Incident Command Post activation at the scene of a noteworthy or newsworthy incident;

  • Incidents involving hazardous/toxic/radioactive materials;

  • Citywide Tactical Alerts; and,

  • Acts of Terrorism.

Incidents Involving Department Personnel.

  • Alleged serious misconduct or arrest of Department employee(s);

  • Death or hospitalization of Department employee(s);

  • Death or serious illness/injury to immediate family member of a Department employee;

  • Rescue Ambulance Transport of on-Duty Personnel; and,

  • Negligent discharge of a firearm.

Other Notable Incidents.

  • Extensive damage to Department equipment;

  • Newsworthy incident involving the Department in any way;

  • Other incident that an officer in charge or watch commander feels should be brought to the attention of the Department;

  • Occupational related death or life-threatening injury at a workplace, or a serious environmental incident (requires RACR to notify the Los Angeles District Attorney Command Center); and,

  • Incidents involving celebrities or noteworthy persons of interest.

Note: All personnel are encouraged to call RACR at any time they are in doubt as to whether or not an incident requires notification.

Officer's Responsibilities.  The senior officer at the scene of an incident requiring RACR notification must request a supervisor to respond to the scene.

Supervisor's Responsibilities.  The first supervisor to respond to an incident requiring RACR notification must ensure their watch commander and RACR have been apprised of the incident as soon as practical and document the incident in a Sergeant's Daily Report, Form 15.48.00.

Watch Commander's Responsibilities.  Upon learning of a reportable incident, the watch commander or officer in charge must ensure that RACR has been notified and document the incident in a Watch Commander's Daily Report, Form 15.80.00.

214.60 CRISIS RESPONSE TEAM-NOTIFICATION. When an unusual occurrence, local emergency, disaster, or other incident occurs where involved Department employees may be psychologically traumatized, the commanding officer of the Area of occurrence, or the incident commander in the event of a wide spread occurrence, shall notify the Crisis Response Team (CRT) immediately. Notification shall be made to Behavioral Science Services during business hours and to the Department Command Post, Real-Time Analysis and Critical Response Division (RACR) after hours and on weekends. Commanding officers shall ensure that employees exposed to a traumatic disaster scene attend a debriefing conducted by CRT personnel as soon as practicable.

Note: Membership in the Crisis Response Team is a primary duty assignment when the CRT is activated. Employees who are members of the CRT shall be allowed to immediately respond to any request for assistance when directed to do so by their CRT team leader.

215. AUTHORIZATION TO ACT AS PEACE OFFICER.

215.10 OUTSIDE AGENCY IN THE CITY. An officer of another jurisdiction requesting authority to act as a peace officer within the City of Los Angeles, who lacks such authority as granted under Section 830.1 (a) and (2) P.C., shall be referred to the Office of the Chief of Police. When the Office of the Chief of Police is closed, requests shall be referred to Detective Support and Vice Division.

215.20 ON ‑ DUTY ACTIVITY IN OUTSIDE JURISDICTION.

Officer’s Responsibility. On‑duty officers shall obtain approval from their watch commander or officer in charge before taking police action outside the Los Angeles City limits.

Exception: When officers are in "hot pursuit" or exigent circumstances exist, such as officer safety, which would preclude obtaining prior approval, officers shall inform their watch commander or officer in charge as soon as practical.

Officers shall be guided by Department Manual Sections 1/230.05 and 1/230.10 when taking on‑duty police action outside the Los Angeles City limits.

Watch Commander/Officer In Charge’s Responsibility. The concerned watch commander or officer in charge shall be guided by Penal Code Section 830.1 when granting approval to proceed outside the City limits to take police action.

Note: Officers taking police action outside the City limits have no peace officer status, and are acting as private persons, if the criteria outlined in Penal Code Section 830.1 is not met.

When approval is granted, the concerned watch commander or officer in charge shall review the circumstances and, if appropriate, ensure that the watch commander of the concerned outside agency has prior notification of the pending police action. If prior notification is deemed inappropriate, notification shall be made as soon as practical after the police action is taken.

Note: Taking into consideration the tactical situation and desired results of the investigation, every effort should be made to inform the outside agency before action is taken on:

  • The serving of search or arrest warrants;

  • Making an arrest; or

  • Conducting surveillance.

216. TAKING PERSONS INTO CUSTODY.

Inspection and Interview. All persons detained or arrested and transported to a Department facility shall be brought before a watch commander for an inspection and interview. At a minimum, the watch commander shall ask the suspect the following three questions:

  • Do you understand why you were detained/arrested?

  • Are you sick, ill, or injured?

  • Do you have any questions or concerns?

The watch commander shall take appropriate action based upon the results of the inspection and responses to these questions.

Exception: In those rare cases when circumstances preclude an inspection and interview by a watch commander (e.g., medical/absentee bookings), the watch commander shall ensure that the suspect is inspected and interviewed by a Department supervisor who did not assist or participate in the person’s arrest or detention. The assigned supervisor shall document the inspection and interview in his/her Sergeant’s Daily Report, Form 15.48.00. Additionally, the watch commander shall document the reason for the exception, including the name and serial number of the supervisor assigned to conduct the inspection and interview, in his/her Watch Commander’s Daily Report, Form 15.80.00.

Area Station. Any officer, from any command, that arrives at a Community Police Station with a person detained or arrested shall immediately ensure that the person is visually inspected and interviewed by the Watch Commander.

Specialized Divisions. All specialized division arrestees shall be inspected and questioned by one of the 19 Area watch commanders or the Watch Commander, Metropolitan Jail Section, Jail Division, before being booked.

216.01 ADVICE/APPROVAL ON FELONY BOOKINGS.

Booking Advice – Defined. Booking advice is the recommendation given to the watch commander regarding what charge(s) an arrestee should be booked for based on the circumstances of the arrest.

Booking Approval – Defined. Booking approval is the final authority given to an officer to incarcerate an arrestee into a jail facility on a given charge(s).

Booking Advice Procedure. Prior to booking an arrestee on a felony charge at any jail facility, a watch commander shall ensure that booking advice is obtained from an on-duty investigative supervisor from the investigative entity responsible for the follow-up investigation. The investigative supervisor giving the booking advice shall sign his/her signature in the “ADVISING INVESTIGATIVE SUPERVISOR” section of the Booking Approval, Form 12.31.00.

When available, or in complex arrests requiring additional review, the investigative supervisor giving booking advice shall review all related reports for required content and place his/her initials and serial number at the conclusion of the narrative portion of each report. This change does not affect other Department procedure associated with booking approval and booking advice.

Exception: Officers are not required to obtain booking advice on narcotic arrests when no follow-up investigation will be conducted.

Booking advice is not required if the investigative entity responsible for the follow-up investigation is off-duty.

Telephonic Booking Advice. When it is impractical to obtain a signature from the on-duty investigative supervisor responsible for providing booking advice, the watch commander giving booking approval shall obtain such advice telephonically.

In these cases, the approving watch commander shall write the name of the advising investigative supervisor followed by the watch commander’s initials, and place a check in the box titled “Telephonic Advice” on the Booking Approval, Form 12.31.00.

Note: Generally, booking advice is not required when the investigative entity responsible for the follow-up investigation is off-duty. However, an off-duty investigative supervisor may be contacted telephonically for advice only when the situation involves a serious felony crime, an extraordinary circumstance, or the off-duty investigative supervisor is being compensated for on-call status (e.g., Area homicide call-out team, Officer-Involved Shooting Team, Criminal Conspiracy Section, etc.).

Booking Advice – Final Authority. The watch commander approving booking has the final authority as to the booking charge. In the event the investigative supervisor’s advice differs from that of the approving watch commander, the watch commander shall ensure his/her rationale is properly documented in the Watch Commander’s Daily Report, Form 15.80.00.

Booking Approval Procedure. Booking approval for any arrest shall only be obtained from an Area patrol watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division. When providing booking approval, the watch commander shall review each arrest for appropriateness, legality, and conformance with Department policy and procedure. When booking is approved, the watch commander shall complete the Booking Approval, Form 12.31.00, and sign his/her name and serial number in the “APPROVING WATCH COMMANDER” section of the form.

Note: Officers shall not sign or otherwise write any name for a supervisor in any Department report or form requiring an approving supervisor’s signature.

Officers or detectives assigned to Areas (Vice, Detective Divisions, Gang Enforcement Detail, Patrol, etc.) shall obtain booking approval from their respective Area patrol watch commander before booking any arrestee into any jail facility.

Officers or detectives assigned to specialized divisions shall obtain booking approval from one of the 19 Area patrol watch commanders or the Watch Commander, Metropolitan Jail Section, Jail Division, before booking any arrestee into any jail facility.

The watch commander of any Department jail shall have the final responsibility for all arrestees booked at that jail. When a Jail Division watch commander questions a booking approved by an Area patrol watch commander, the Jail Division watch commander shall contact the approving Area patrol watch commander.

When a difference of opinion remains, the watch commander in charge of the jail facility shall make the final determination.

Adult Felony Traffic Arrests. Booking advice for adult felony traffic arrests shall be obtained from a supervisor in the concerned bureau traffic division.

The detective or supervisor providing booking advice shall:

  • Provide the requesting officer with a completed Booking Approval, Form 12.31.00, listing the appropriate Justice Information System Booking Charge Table, when applicable; and,

  • Review all related reports for required content and place initials and serial number at the conclusion of the narrative portion of each report.

The reviewed reports shall be submitted for approval to the arresting officer's supervisor in the Area of arrest.

Fugitive Bookings. When a person is arrested on a local charge, and is also wanted by an out-of-state jurisdiction, the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division, shall provide booking advice/approval on the local charge. Upon approval, the Fugitive Warrant Section shall be telephoned without delay, or when closed, Jail Division Watch Commander, for booking advice on the fugitive charge. Once the booking advice has been obtained, the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division, shall provide the booking approval on the local charge, with the fugitive charge placed supplementary. Fugitive Warrant Section has the final authority on booking charges for out-of-state issues.

Fraud-Forgery Bookings. When the arrest involves an offense over which Commercial Crimes Division has jurisdiction, and the concerned investigating officers are not available, the suspect shall be interviewed by the concerned watch commander, or OIC. The concerned supervisor may, before booking or release of a felony suspect, telephone Detective Support and Vice Division for advice.

Valley Forgery Bookings. When the arrest is for an offense over which Valley Forgery investigating officers have jurisdiction and the concerned investigating officers are not available, the suspect shall be interviewed by a Van Nuys Area supervisor.

Advice for Felony Narcotic Bookings. Booking approval for adults arrested for felony narcotic or dangerous drug violations shall be provided by the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division. When booking advice is required from a court‑qualified narcotics expert, the concerned Area watch commander shall notify Gang and Narcotics Division.

Field Enforcement Sections, Gang and Narcotics Division, are responsible for providing court‑qualified narcotics experts to concerned Operations Bureau Patrol Divisions for 11550 H&S (hype) schematic diagrams, when requested, between 0800 and 2000 hours, Monday through Friday.

Note: When concerned bureau, Gang and Narcotics Division, Field Enforcement Section personnel are not available, pre‑booking processing shall be performed by a court‑qualified narcotics expert deployed in a geographic patrol division. The following guidelines shall be adhered to when securing a court‑qualified narcotics expert in the absence of Field Enforcement Section personnel:

  • Area personnel who are court‑qualified narcotics experts may be utilized in the absence of Field Enforcement Section experts.

  • If no court‑qualified narcotics expert is deployed within an Area, the concerned watch commander shall request a court‑qualified officer from an adjoining Area within the concerned geographic Operations Bureau.

  • In instances in which no court‑qualified narcotics expert is available, the concerned watch commander shall ensure that Field Enforcement Section personnel, responsible for enforcement in that Operations Bureau, are notified of the arrest by 0900 hours on their next regular working day.

  • When the magnitude of an investigation dictates the immediate attention of a narcotics investigator, the concerned watch commander shall contact the Administrative Unit, Detective Support and Vice Division, to locate an available narcotics expert.

When the investigative supervisor is giving booking advice for felony narcotics violations, he/she may complete a preliminary chemical test on the suspected narcotic or dangerous drug, if any. When booking advice is for a misdemeanor narcotic or dangerous drug violation, a preliminary chemical test shall be completed. Instructions for the completion of the test are contained on the testing equipment.

Note: The watch commander in charge of any Department jail facility shall have the final responsibility for all arrestees booked at that jail. When he/she questions a booking approval by another supervisor, he/she shall contact the approving supervisor. When a difference of opinion remains, the watch commander of the jail facility shall make the final determination.

Arrest Reports. Consistent with current procedure, the watch commander or a supervisor designated by the watch commander shall review all reports related to the arrest for appropriateness, legality, and conformance with Department policy and procedure taking into account the booking recommendation. Additionally, the watch commander or supervisor shall examine the reports for authenticity by ensuring that the reports do not contain any “canned” language, inconsistent information, or fail to articulate the legal basis for the action, or any indication that the information in the report(s) is not authentic or correct. Subsequent to review, the watch commander or his/her designee shall indicate approval by signing (including serial number) the report(s).

216.02 ADVICE/APPROVAL ON MISDEMEANOR BOOKINGS.

Booking Advice – Defined. Booking advice is the recommendation given to the watch commander regarding what charge(s) an arrestee should be booked for based on the circumstances of the arrest.

Booking Approval – Defined. Booking approval is the final authority given to an officer to incarcerate an arrestee into a jail facility on a given charge(s).

Booking Advice Procedure. Prior to booking an arrestee on a misdemeanor charge at any jail facility, booking advice may be obtained from the on-duty investigative entity responsible for the follow up investigation.

When available, or in complex arrests requiring additional review, the investigative supervisor giving booking advice shall review all related reports for required content and place his/her initials and serial number at the conclusion of the narrative portion of each report. This change does not affect other Department procedure associated with booking approval and booking advice.

Advice for a juvenile booking shall be obtained from the on-duty Area Detective Division. When the detective division is closed, booking advice shall be obtained from the Area watch commander assigned to patrol.

Telephonic Booking Advice. When it is impractical to obtain a signature from the on-duty investigative supervisor responsible for providing booking advice, the watch commander giving booking approval may obtain such advice telephonically.

In these cases, the approving watch commander shall write the name of the advising investigative supervisor followed by the watch commander’s initials, and place a check in the box titled “TELEPHONIC ADVICE” on the Booking Approval, Form 12.31.00.

Booking Approval Procedure. Booking approval for any arrest, shall only be obtained from the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division.

When providing approval, the watch commander shall review each arrest for appropriateness, legality, and conformance with Department policy and procedure. When booking is approved, the watch commander shall complete the Booking Approval, Form 12.31.00, and sign his/her name and serial number in the “APPROVING WATCH COMMANDER” section of the form.

Note: Officers shall not sign or otherwise write any name for a supervisor in any Department report or form requiring an approving supervisor’s signature.

Officers or detectives assigned to Areas (Vice, Detective Division, Gang Enforcement Detail, Patrol, etc.) shall obtain booking approval from their respective Area watch commander before booking any arrestee into any jail facility.

Officers or detectives assigned to specialized divisions shall obtain booking approval from one of the 19 Area watch commanders or the Watch Commander, Metropolitan Jail Section, Jail Division, before booking any arrestee into any jail facility.

The watch commander approving the booking of an arrestee on a misdemeanor charge shall strictly adhere to the provisions for mandatory release of misdemeanor arrestees (Manual Section 4/216.65).

In addition, the watch commander shall also verify that:

  • The appropriate booking charge is listed exactly as depicted in the Automated Justice Information System Booking Charge Table;

  • The specific reason for continued custody is indicated on the form; and,

  • A person arrested for two or fewer warrants for failure to appear on a citation for a parking offense or traffic infraction, has been informed of the right to immediate cash bailout (Manual Section 4/682.15).

Note: Detention officers shall not accept an arrestee from a Department employee unless there is a completed Booking Approval, Form 12.31.00, or a Short Arrest Report, Form 05.02.01, for the arrestee. The name and serial number of the approving watch commander shall be placed on the Los Angeles Consolidated Booking Form in the lower left portion of the Property box and in the narrative portion of the arrest report when one is required.

The watch commander of any Department jail facility shall have the final responsibility for all arrestees booked at that jail. When a Jail Division watch commander questions a booking approved by an Area watch commander, the Jail Division watch commander shall contact the approving Area watch commander.

When a difference of opinion remains, the watch commander in charge of the jail facility shall make the final determination.

Arrest Reports. Consistent with current procedure, the watch commander or a supervisor designated by the watch commander shall review all reports related to the arrest for appropriateness, legality, and conformance with Department policy and procedure taking into account the booking recommendation. Additionally, the watch commander or supervisor shall examine the reports for authenticity by ensuring that the reports do not contain any “canned” language, inconsistent information, or fail to articulate the legal basis for the action, or any indication that the information in the report is not authentic or correct. Subsequent to review, the watch commander or his/her designee shall indicate approval by signing (including serial number) the reports.

216.03 RESTRAINING ORDERS. Restraining Orders (RO) and Temporary Restraining Orders (TRO) include, but are not limited to, Domestic Violence Restraining Orders (DVRO), Emergency Protective Orders (EPO), Orders After Hearing (OAH), Juvenile Orders (JUV), Criminal Protective Orders (CPO), and Temporary Workplace Harassment Orders (WHO). Some of these orders are issued by a criminal court (criminal order), while others are from civil court (civil order). A civil order is as enforceable as a criminal order. If a victim possesses both a criminal and civil order, the criminal order takes precedence over the civil order.

When an Area receives an RO, whether delivered in person or by fax, the record clerk (or designated person) must query the California Restraining and Protective Order System (CARPOS) to determine if an entry has previously been made.  If the query reflects an existing RO entry, the records clerk will write the File Control Number (FCN) issued in CARPOS on the RO and the RO folder.  If the RO is not present in CARPOS, the records clerk must enter the pertinent information from the RO into CARPOS and obtain an FCN.  The CARPOS generated FCN will be documented on the RO and the RO folder.

Exception:  If the RO is connected to an existing crime report, the associated DR number and the FCN must be written on the RO and the RO folder.

In all instances, the FCN will take precedence for tracking purposes.

Inputting the RO should be a priority over other tasks due to the high risk of incident to the victim.

Multiple Orders – Enforcement. If there is more than one civil order involving the same parties, the officer must enforce the last order issued. If there are both civil and criminal orders involving the same parties, the officer must enforce the most recently issued criminal order.

Complainant in Possession of a Restraining Order. When officers are presented with a Restraining Order in the field or at the Area desk, they must:

  • Verify that the order has been certified by the issuing court;

Note: A certified copy of an order will bear an ink stamp signed by the deputy clerk of the court documenting authenticity.

  • Ensure that the order has not expired;

  • Review the proof of service to ensure it was properly served upon the restrained party/respondent;

  • Ensure that the Domestic Violence Restraining Order-Law Enforcement Information Form (Information Form) supplied by the court is completed. If an Information Form has not been completed, the officer will give a form to the plaintiff for completion. The Information Form will then be attached to the order; and,

Note: When an order is received in the mail and the Information Form has not been completed, the Subpoena Control Officer will telephonically contact the plaintiff and obtain the necessary information for completion of the form.

  • Forward the Information Form and the proof of service to the Area Subpoena Control Officer.

Note: Officers' responsibilities at the scene of a domestic disturbance remain unchanged.

When the Department Does Not Have a Copy of the Restraining Order. When officers discover that this Department does not possess an order that was presented in the field, they will determine whether the complainant has an extra copy of the order. If so, officers will request one and deliver it to the Area desk.

Note: Area desk personnel are responsible for ensuring that an entry is completed on the Restraining Order Control Log, Form 15.40.00, and the FCN is documented.

Should no additional copy be available, and photocopying is impractical, officers must promptly notify the Area desk and provide the following information:

  • Name of complainant;

  • Address restrained from (if indicated);

  • Date of issuance;

  • Date of expiration; and,

  • Court case number.

Area desk personnel receiving the above information will record the information in the Restraining Order Control Log.

When unable to obtain a copy of the order, officers will request the complainant to deliver a copy to the Area desk (or provide one to be photocopied) as soon as possible.

Note: No enforcement action may be taken as a result of the information contained on the Restraining Order Control Log. The Restraining Order Control Log is used to assist officers in locating the order within the Department. If an officer cannot locate the order and the complainant does not have a copy of the order, no enforcement action may be initiated by officers pursuant to Penal Code Section 273.6 (Willful and Knowing Violations of Orders to Domestic Violence), or Penal Code Section 166 (Criminal Contempt). If the complainant insists upon making a citizen's arrest, officers will be guided by Manual Sections 4/216.31, 4/216.32, 4/216.33, and 4/216.34 of the Department Manual.

Proof of Service. An order must be accepted from the complainant whether or not the proof of service has been completed. The complainant will be advised that personal service of the order is required before enforcement can be taken against the respondent. If a person named in an order has not been served personally with the order, but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.

When proof of service is not attached to an otherwise valid order presented to officers in the field, the officers must contact the Area desk to determine whether other officers of this Department accomplished the proof of service. If prior proof of service cannot be established, officers will advise the restrained party/respondent that a valid order is in effect and state its conditions to the respondent. If the complainant has an extra copy of the order, officers will give it to the respondent.

Officers must complete the proof of service when:

  • The complainant is in possession of an incomplete proof of service; and,

  • The officers advised the respondent of the conditions of the order.

If the respondent is present at the scene, officers must document how the service of the order was accomplished in the narrative of any crime, arrest, or Domestic Violence Incident Report completed, pursuant to Penal Code Section 13730.

Complainant Not in Possession of an Order. Officers at the scene of a dispute where a valid order is alleged to exist, but the complaining person does not possess a copy of the order, will attempt to telephonically verify the existence of the order through the Consolidated Crime Analysis Database (CCAD) and CAROS. 

Note: If an officer cannot locate the order, no enforcement action may be initiated by the officers.

If the officer determines that an order has been issued, but not served, the officer must immediately notify the respondent of the terms of the order. Verbal notice of the terms of the order is sufficient notice.

The verbal notice must be documented in the related crime, arrest or Domestic Violence Incident Report. If no report is required, note the verbal notice in the Daily Field Activities Report (DFAR), Form 15.52.00. The officer must also include the name and assignment of the officer notifying the respondent and the case number of the order. Additionally, the officer must advise the respondent to go to the court to obtain a copy of the complete order.

Failure to Comply. When, after notification of the conditions of the order, the respondent fails to comply, officers must:

  • Arrest the restrained party; and,

  • Book for 273.6 P.C. (Willful and Knowing Violation of Orders to Domestic Violence), or 166 P.C. (Criminal Contempt).

If a violation of the order did not occur in the presence of the officers and proof of service can be established, officers shall:

  • Proceed with a private person's arrest for 273.6 P.C. or 166 P.C.; or,

  • Complete a Investigative Report, Form 03.01.00 entitled "Contempt of Court," if the suspect left the scene prior to the officers arrival.

The narrative section of related crime and arrest reports must contain the following information:

  • Court case number;

  • Expiration date;

  • Manner in which the proof of service was accomplished and by whom; and,

  • Verbatim listing of the conditions of the order.

Notifications. Officers, as soon as practical, must notify the Area desk maintaining the order of what enforcement action was taken, (i.e., field interview, crime report, physical arrest). Department employees receiving the notification will attach a brief narrative summary to the file copy of the order. The summary should also include:

  • File Control Number;

  • DR/Booking numbers, if applicable;

  • Date and time of the incident;

  • Name, serial number and unit designation of the responding officers; and,

  • Initials and serial number of the employee recording the information.

When proof of service was effected in the field, the officers should include the following information in their notification:

  • Name of the respondent;

  • Manner that proof of service was accomplished;

  • Date and time served; and,

  • Name, serial number and unit designation of the officer accomplishing service.

Desk officers receiving notification of an order not on file with this Department will record the information on the Restraining Order Control Log. The initials and serial number of the officer completing the log must be included under "additional." Proof of service and enforcement actions taken pursuant to the order must also be recorded on the log until a file copy of the order can be obtained.

Note: Officers at the scene of a labor dispute will be guided by the provisions of Manual Section 1/460.30 and must contact Labor Relations Unit before taking any enforcement action on an order.

Recording the Issuance of a Restraining Order on a Report. If a report has been completed and the notification of the existence of an order has been communicated to the respondent, the officer must record how the service of the order was accomplished in the narrative of the report.

If no report is required, the officer must provide the name and assignment of the officer notifying the respondent and the case number of the order on the DFAR.

Upon service of the order outside of the court, the officer must advise the respondent to go to the local court to obtain a copy of the order containing the full terms and conditions of the order.

Peace Officers Named as Respondents. When a Subpoena Control Officer receives a Restraining Order that identifies the respondent as a member of a law enforcement agency, the subpoena control officer must notify his or her commanding officer. The commanding officer will ensure that a copy of the order is sent to the Chief of Police of the involved agency. If the respondent is a member of the Department, the commanding officer will forward a copy of the order to the Commanding Officer, Internal Affairs Group.

216.04 RESTRAINING ORDERS ISSUED BY JURISDICTION.

Within the State of California. If a party alleges an order exists in an outside jurisdiction within California, officers shall contact that law enforcement agency and verify the information before taking enforcement action. Statewide agencies Foreign jurisdictions making inquiries to this Department regarding Restraining Orders shall be directed to the concerned Area desk.

Out-of-State Restraining Orders. When an out-of-state Restraining Order is presented to the officer, the officer shall review it for completeness. If the out-of-state Restraining Order is complete, then it is considered valid in the State of California. If it is deficient, an EPO should be sought and the EPO guidelines should be followed.

216.05 ADVICE ON MISDEMEANOR WARRANT BOOKINGS. Watch commanders approving the booking of an arrestee on a computer‑generated misdemeanor warrant shall place their name and serial number on each warrant information teletype after ascertaining that the information on the arrestee and the descriptors on the warrant match.

When the identity of the arrestee is not obvious, the advising supervisor shall cause an Arrest Report, Form 05.02.00, to be completed, which documents the evidence identifying the arrestee as the warrant suspect.

Note: When it is determined that a suspect in custody is not the person on the warrant abstract, the watch commander shall cause the warrant to be reactivated by the concerned jail unit (Manual Section 4/611). A warrant shall not be reactivated unless it has been positively ascertained that an arrestee is not booked pursuant to the authority of the warrant in question.

216.06 DISTRIBUTION AND CONTROL OF RESTRAINING ORDERS.

Distribution of Restraining Orders. The Warrant Teletype Unit (WTU), Records and Identification Division (R&I) or Geographical Area, upon receiving a restraining order from the issuing court clerk, will input the restraining order information into the Department of Justice Domestic Violence Restraining Order System (DVROS) when the restraining order is one of the specific types for which such entry is required under Family Code Section 6830.

Area Subpoena Control Officer's Responsibilities. Upon receipt of a restraining order, proof of service, and the Information Form, Area Subpoena Control Officers must:

  • Record the File Control Number (FCN) in the upper right corner of all pages of the order;

  • Maintain a Restraining Order Control Log, Form 15.40.00, of valid orders on file;

  • Establish a file of restraining orders in a location accessible to uniformed desk personnel;

  • Periodically purge expired restraining orders from the active file; and,

  • Forward the order, proof of service, and the Law Enforcement Information Form to Area records personnel for entry of restraining order information into the DOJ DVRO database.

Note: Restraining orders will be retained by the respective Area or the Restraining Order System, Records and Identification Division, for two years beyond the date of expiration.

216.07 SEIZURE OF FIREARMS AT DOMESTIC VIOLENCE INCIDENTS. When an officer seizes a firearm at the scene of a domestic violence incident involving a threat to human life or a physical assault, the officer shall seize the firearm in accordance with Manual Section 4/560.35 and Penal Code Section 18250.

216.08 DOMESTIC VIOLENCE RESTRAINING ORDER SYSTEM. The Department of Justice, with the authority of Section 6380 of the Family Code, mandates that law enforcement agencies enter information from the following restraining orders into the Department of Justice Domestic Violence Restraining Order System (DVROS):

  • Emergency Protective Orders;

  • Order to Show Cause and Temporary Restraining Orders that pertain to domestic violence;

  • Restraining Orders After Hearings that pertain to domestic violence;

  • Restraining Orders that are issued by the juvenile court that pertain to domestic violence;

  • Order to Show Cause and Temporary Restraining Orders that prohibit harassment;

  • Order After Hearing on Petition for Injunction Prohibiting Harassment;

  • Protective Orders in Criminal Proceedings;

  • Out-of-State Domestic Violence Protective Orders which have been registered in California with the Superior Court; and,

  • Workplace Harassment Orders.

The Warrant Teletype Unit (WTU), Records and Identification Division, upon receiving a restraining order from the issuing court clerk, shall input the restraining order information into the Department of Justice Domestic Violence Restraining Order System when the restraining order is one of the specific types for which such entry is required under Family Code Section 6830.

Area records personnel who receive a restraining order which requires entry into the DVROS, shall continue to input the restraining order information into the DVROS.

216.12 RECORDING OF BOOKING APPROVAL.

Felonies. The name and serial number of the watch commander giving a felony booking approval shall be placed in the narrative portion of the arrest report.

All arrest reports shall be approved and signed by a Department supervisor and checked for probable cause, propriety, essential information, clarity, and legibility.

When available, or in complex arrests requiring additional review, the investigative supervisor giving booking advice shall review all related reports for required content and place his/her initials and serial number at the conclusion of the narrative portion of each report.

Misdemeanors. The name and serial number of the watch commander giving a misdemeanor booking approval shall be placed in the lower left portion of the "Property" box on the Booking and Identification Record and in the narrative portion of the arrest report, when one is completed.

Note: Officers shall not sign or otherwise write any name for a supervisor in any Department report or form requiring an approving supervisor’s signature.

216.14 CRIME REPORTED ON ARREST REPORT. The "Crime Report" Section of the Arrest Report may be used in lieu of a Investigative Report (IR), Form 03.01.00, when:

  • All suspects identified as the perpetrators are in custody;

  • All the property is recovered;

  • Only one crime is involved; AND,

  • The procedure is approved by the watch commander or investigating supervisor advising the booking.

Use of Form, DR Numbers and Number of Reports Required. Procedures relating to the IR apply to the Combined Crime and Arrest Report.

Completion. An officer using a Combined Crime and Arrest Report shall:

  • Mark the "Crime Report" checkbox at the top of the Arrest Report, enter the name of the victim in the space immediately under this checkbox, and complete the "Combined Crime Report" Section;

Note: If multiple arrestees, follow the above direction on one face sheet only. If applicable, use the face sheet of the arrestee most likely to be filed on.

  • Obtain a DR number and enter it in both spaces provided at the top of the report.

  • Enter complete victim information under "Involved Persons";

  • Use the standard arrest narrative sequence; (i.e., Co‑arrestees, Source of Activity, Observations, Arrest, Booking, and Specific Headings). Include a listing and disposition of all property taken, unless this information is contained on an Evidence Continuation page; and,

  • Include the incident number, if generated prior to arrest, in the "Source of Activity" section of the report.

216.15 EVIDENCE REPORT COMBINED WITH ARREST REPORT. Evidence booked in conjunction with an arrest may be reported as follows:

If only one arrestee, no firearm booked, and no more than two items of evidence, the face sheet of the Arrest Report is the evidence report. In this instance, the reporting officer shall:

  • Check the "Evidence" checkbox at top of the report;

  • Complete the "Combined Evidence Report" Section on the report;

  • Enter details relating to the evidence in the narrative; and,

  • Forward a copy of the Arrest Report face sheet with the evidence.

If more than one arrestee, a firearm is booked, or more than two items of evidence, the Property Report stapled to the Arrest Report face sheet is the evidence report. In this instance, the reporting officer shall:

  • Check the "Combined Evidence" checkbox at the top of the Arrest Report face sheet;

Note: On multiple arrests, this checkbox is checked on all face sheets, and the name of the arrestee to whom the evidence is booked is entered immediately below that checkbox on all face sheets.

  • Complete the shaded areas of the Property Report, including details and listing of the evidence;

  • Number the Property Report as the last page of the Arrest Report; and,

Exception: On juvenile arrests, the Juvenile Arrest Supplemental Report, Form 05.02.06, followed by the Juvenile Automated Index printout are the last two numbered pages of the Arrest Report (Manual Section 4/218.60).

  • Forward a copy of the Property Report, stapled to the Arrest Report face sheet, with the evidence.

Exceptions: A Property Report shall not be combined with an Arrest Report when:

  • The evidence is related to previously booked evidence. In this instance, the evidence shall be booked to the same person (or firm) as on the original Property Report and under the original DR number. The item numbering shall start with the next sequential number from the original report;

  • Reporting additional license plates. One plate, or set of plates, may be reported using the combined procedure. Additional plates require separate Property Reports with separate DR numbers (Manual Section 5/040.56); and,

  • The booking employee's supervisor determines that use of a separate complete Property Report would be a more expedient means of booking the evidence under the given circumstances.

DR Number. A DR number is required for an Arrest Report on which booked evidence is listed.

Completion-Private Person's Arrest. When evidence is booked under the combined procedure, and the arrest is by a private person, the name, serial number, division and detail of the officer booking the evidence shall be entered in the space provided on the Arrest Report face sheet; i.e., the second line of "Reporting Officer(s)."

216.16  ELECTRONIC PROBABLE CAUSE DETERMINATION/DECLARATION

 

ARRESTING OFFICER'S RESPONSIBILITIES. Upon the completion of an arrest report that requires a PCD, the arresting officer must access the Los Angeles Superior Court Data and Document Exchange Service (DDES) website, via the "e-PCD" link under the Applications menu in the Department's Local Area Network (LAN) homepage or type https://ddes.lasuperiorcourt.org in the address bar of the LAN homepage. The officer must enter his/her full Department email address in the "User ID" and use his/her LAN password to log into the DDES website. Upon logging into the DDES website, officers must:

 

  • Complete an e-PCD for each adult arrestee and adequately document the probable cause for the arrest;

 

Note: Officers have the option to attach a signed copy of the arrest report to the e-PCD via the DDES website.

 

  • Click on the "Submit For Approval" button to electronically submit the e-PCD to the watch commander for approval, and,

  • Monitor their "Supervisor Return List" in the DDES website for e-PCDs that are returned for correction from the watch commander.  Officers must make the necessary correction and resubmit the   e-PCD.

 

The processing of an e-PCD eliminates the requirement for attaching a hard copy PCD to the original arrest report.  In the event an officer cannot complete an e-PCD (e.g., juvenile arrest or the system is down), the officer must complete a hard copy PCD consistent with past practices.

 

WATCH COMMANDER'S RESPONSIBILITIES. Watch Commanders must log into the DDES website at the start of his/her shift to ensure there are no open or rejected e-PCDs.  When reviewing an arrest report, watch commanders must:

 

  • Review the e-PCD related to the arrest report;

  • Ensure an e-PCD is submitted for each arrestee;

  • Ensure the e-PCD is accurately completed and that the probable cause is adequately documented; and,

  • Upon approval, click the "eFile to court" button to forward the e-PCD to a magistrate for review.

 

Note: If not approved, the watch commander must electronically send the e-PCD back to the concerned officer. The watch commander must also ensure that the concerned officer acknowledges 

the disapproval.

 

If an e-PCD is opened and no action is taken, it remains assigned to the opening watch commander, which prevents other watch commanders from approving the e-PCD. To ensure this does not occur, upon review and approval, the e-PCD must be forwarded immediately to a magistrate for review. The e-PCDs that are forwarded to a magistrate will be listed under the "Submitted List."

 

Watch commanders must continuously monitor the "Submitted List" during his/her shift, for e-PCDs that have been rejected by the magistrate. Watch commanders must review the heading "Probable Cause Not Found" and ensure the following:                                         

 

  • Return the rejected e-PCD electronically to the arresting officer(s), if available, for appropriate corrections;

  • If the arresting officer(s) is unavailable (e.g., end of watch), the watch commander may use the "Behalf of Feature" and make the appropriate corrections;

  • Ensure the revised e-PCD references the rejected e-PCD in "the facts" box (e.g., "This is a revision to e-PCD No. 12345 that was previously rejected for probable cause not found);

  • Ensure the revised e-PCD contains additional facts taken from the narrative of the approved arrest report to support a finding of probable cause;

  • Ensure the corrected e-PCDs are re-submitted to the magistrate for review, and,

 

Note: If the watch commander becomes aware of an e-PCD rejected for Probable Cause Not Found and the expiration date and time has passed, there is no need to submit a new e-PCD. Jail Division cannot hold arrestees more than 48 hours without a finding of probable cause. The arrestee will have been released from custody.

 

  • Prior to logging off, ensure that there are no open or rejected e-PCDs.

 

In the event the e-PCD system is down, the watch commander must ensure that the arresting officer completes a hard copy PCD and attach a copy of the related arrest report. The watch commander must ensure the signed PCD and the copy of the arrest report is forwarded to a magistrate for review.

 

JAIL DIVISION'S WATCH COMMANDER RESPONSIBILITIES.  The Jail Division Watch Commander is responsible for monitoring the DDES website to ensure that a finding of probable cause was present for each arrestee. If such a finding is not present within 24-hours of receiving the arrestee, the watch commander or designee must:

 

  • Promptly notify the arresting division's watch commander;

  • Follow-up with the watch commander to ensure receipt of the notification; and,

  • Record the arresting division watch commander's name and serial number.

 

If the arrestee's offense is a serious felony, Jail Division must use reasonable efforts to make a second notification prior to releasing the arrestee. In the event the e-PCD system is down, Jail Division personnel must verify the status of the PCD via the Network Communication System (NECS) or telephonically contact the appropriate court.

 

RECORD UNIT'S RESPONSIBILITY. The processing of an e-PCD eliminates the requirement for attaching a hard copy of a adult PCD to the arrest report.

 

AREA COMMANDING OFFICER'S RESPONSIBILITY. Each Area commanding officer is responsible for ensuring compliance with this Order.

 

216.17 CLEARANCE OF CRIME REPORTS. Misdemeanor crimes reported on combined crime and arrest reports (Manual Section 4/216.14) are cleared automatically by Information Technology Division. A Follow‑Up Investigation, Form 03.14.00, is required to clear other misdemeanor crime and felony crime reports.

216.20 ARREST OF ARMED FORCES PERSONNEL. An officer arresting a member of the Armed Forces shall include in the Arrest Report, Form 05.02.00, the arrestee's:

  • Rank and serial number;

  • Branch of service;

  • Organizational unit and its location;

  • Dress (uniform or civilian clothes);

  • Duty status (on pass, on orders, AWOL, deserter); and,

  • The word "MILITARY" shall be printed in the upper left margin.

216.22 CRIMES AGAINST POLICE OFFICER CASES INVOLVING LOS ANGELES POLICE DEPARTMENT OFFICERS. When an on‑duty Los Angeles police officer or firefighter is the victim of an assault, misdemeanor battery, or interfering and booking is recommended, the arresting officer shall process the arrestee and the related crime and arrest reports in the same manner that all other misdemeanor crimes are processed.

216.23 ARRESTS FOR INTERFERING, RESISTING ARREST, OR ASSAULT ON AN OFFICER.

Watch Commander’s Responsibility. When a person is charged with the California Penal Code (PC) sections listed below, the watch commander shall conduct a pre-booking evaluation to determine whether issues or concerns regarding training, policy, or tactics need to be addressed.  A pre-booking evaluation is not required for additional filing requests.

  • 69PC Obstructing or resisting peace officers by threats or violence;

  • 148(a)(1)PC Resisting, delaying, or obstructing a peace officer;

  • 148(b)PC Removing or taking a weapon, other than a firearm, from a peace officer;

  • 148(c)PC Removing or taking a firearm from a peace officer;

  • 148(d)PC Attempting to remove or take a firearm from a peace officer;

  • 241(c)PC Assault against a peace officer;

  • 243(b) & (c)PC Battery against a peace officer or custodial officer, respectively;

  • 244.5(c)PC Assault on a peace officer with a stungun or taser;

  • 245(c)PC Assault with a deadly weapon, other than a firearm, on a peace officer; and,

  • 245(d)PC Assault with a firearm, machine gun, or assault weapon on a peace officer.

Additionally, the watch commander shall:

  • Document that an evaluation was completed on the Watch Commander’s Daily Report, Form 15.80.00;

  • Take appropriate action when the results of the evaluation raise issues or concerns regarding training, policy, or tactics; and,

  • Reference all forms used for documenting the results of the pre-booking evaluation on the Watch Commander’s Daily Report.

Note: The use of the Watch Commander's Daily Report to document personnel issues associated with evaluations compromises the confidentiality of employee files. Therefore, the watch commander shall document positive and negative duty performance, training needs, and any counseling associated with the evaluation on an Employee Comment Sheet, Form 01.77.00.

When the result of the evaluation is documented on a separate report, it is not necessary to duplicate the evaluation on another report.

Commanding Officer’s Responsibility. The commanding officer shall ensure watch commanders:

  • Complete a pre-booking evaluation when the primary charge against an arrestee is an offense listed in this section; and,

  • Complete the required documentation for that evaluation.

216.25 MARIJUANA ARREST PROCEDURES.

Possession of Marijuana-Sole Offense.

One Ounce or Less (Weight, Not Volume). An adult arrested for 11357(b) H&S (Possession of One Ounce or Less of Marijuana) or 11360(b) H&S (Transporting or Giving Away One Ounce or Less of Marijuana) shall be released from custody and not booked unless he/she:

  • Cannot satisfactorily identify himself; OR,

  • Demands to be booked; OR,

  • Refuses to sign the Non - Traffic Notice to Appear, Form 05.02.02.

Note: Other reasons for non-release of misdemeanor arrestees, as outlined in Section 853.6(j) PC, do not apply when the arrest is for 11357(b) or 11360(b) H&S.

More Than One Ounce (Weight, Not Volume). An adult arrested for 11357 (c) H&S (Possession of More Than One Ounce of Marijuana) shall be booked and then evaluated for release in accordance with Section 853.6 PC.

Possession of Marijuana-Additional Offenses. An adult arrested for an offense in addition to 11357(b), 11357(c), or 11360(b) H&S shall be booked for the non‑marijuana offense. (For example, an adult arrested for Battery who is also in possession of one ounce or less of marijuana shall be booked for Battery. The elements of all offenses committed by the arrestee shall be included in the Arrest Report).

Exception: When an adult is arrested for a misdemeanor warrant and 11357(b) or 11360(b) H&S and can be satisfactorily identified, a Non - Traffic Notice to Appear, Form 05.02.02, and an RFC Report Continuation, Form 05.02.08, shall be completed for the marijuana offense, and the arrestee shall be booked for the warrant. The booking number for the warrant booking shall be entered on the RFC Report.

Determining Charge. When the quantity and/or composition of the substance possessed by the arrestee raises doubt concerning the offense to be charged, the arresting officer shall transport the arrestee to the station, where the evidence shall be weighed and tested.

Note: Scales to weigh marijuana in the field are possessed by field supervisors and Area narcotics investigators.

Arrest Report-Completion. The Arrest Report shall contain the following information:

  • Prima facie case for all offenses committed by the arrestee;

  • The quantity of marijuana possessed by the arrestee, as determined by the laboratory scales at the station; and,

  • The results of the preliminary drug test on the marijuana, if applicable.

Misdemeanor Marijuana Arrests-Booking Location. When an arrestee is to be booked for 11357(b), 11357(c), or 11360(b) H&S, the location of booking shall be the same as for other misdemeanor arrestees.

Combined Marijuana/Traffic Arrest Procedures. When an adult has committed a citable traffic violation and is then found to be in possession of marijuana constituting a misdemeanor, the officer shall, if the traffic offense is to be charged, proceed as follows:

  • Possession, Transporting, or Giving Away One Ounce or Less, AND Eligible for Release From Custody. When the offense is a violation of 11357(b) or 11360(b) H&S, the officer shall:

    • Complete an RFC Continuation Report, charging the marijuana offense;

Exception: When the driver of the vehicle is in possession of marijuana which constitutes a misdemeanor, the officer may opt to cite the driver under Vehicle Code Section 23222(b). The officer shall then complete a Traffic Notice to Appear, Form 04.50.00, (Citation), for 23222(b) VC and all additional Vehicle Code violations. The officer shall include in the narrative portion of the Traffic Notice to Appear, the probable cause for the traffic stop, and where the marijuana was subsequently located. The officer shall utilize a Continuation of Notice to Appear, Form 04.50.05, when necessary to include all required information and violations.

Note: An RFC shall not be issued to the driver for the Health and Safety Code violation if cited for 23222(b) VC.

  • Include the details of the traffic violation in the narrative portion of the RFC Report;

  • Request filing of the traffic violation under the heading "Additional Information";

  • Cite the arrestee to the appropriate court for combined marijuana/traffic offenses; and,

  • Complete a Citation Cancellation Request, Form 04.45.00, if a Traffic Notice to Appear has been issued for the traffic violation.

  • Possession of More Than One Ounce OR Ineligible for Release. When the traffic violator is in violation of 11357(c) H&S, or is ineligible for release, the officer shall:

    • Book the arrestee;

Note: An officer booking an arrestee in the metropolitan Areas, or at a County booking facility, shall inform the booking employee that a traffic violation is also being charged. The booking employee shall ensure that the arrestee is cited to appear in, or is transported to, the appropriate court.

  • Include the details of the traffic violation in the narrative portion of the Arrest Report;

  • Request filing of the traffic violation under the heading "Additional Information"; and,

  • Complete a Citation Cancellation Request, Form 04.45.00,  Traffic Notice to Appear has been issued for the traffic violation.

216.27 PCP ARREST PROCEDURES.

Arresting Officer's Responsibility. When an arrest is made for 11550(b) H&S (PCP), the arresting officer shall:

  • Obtain medical treatment prior to booking as outlined in Manual Section 4/648.10;

  • Request a Drug Recognition Expert (DRE) or, if none available, a Narcotics Expert;

  • If an on‑duty DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall request the examining physician to include an opinion regarding objective symptoms and possible drug ingestion; and,

  • When applicable, include the Drug Influence Evaluation Form and the Admonishment for Urine Test, Form 08.40.01, as pages of the Arrest Report.

Drug Recognition Expert (DRE)/Narcotics Expert’s Responsibility. A DRE or Narcotics Expert is responsible for evaluating and rendering an opinion of the drug influence of 11550(b) H&S (PCP) arrestees. As part of the examination, the expert shall:

  • Admonish the arrestee as per the Admonition For Urine Test, obtain a urine sample, and complete that form;

  • Advise the arresting officer of any additional tests required;

  • Complete the Drug Influence Evaluation, Form 08.40.02; and,

  • Enter a brief description of the findings and the examining officer's name and serial number in the Remarks Section of the Booking Approval, Form 12.31.00.

Note: If during a drug evaluation, the expert determines that he/she is not qualified to render an opinion, the watch commander responsible for approving the booking shall determine if another expert should be called.

216.30 PRIVATE PERSON'S ARREST. Private persons desiring to make a lawful arrest for a misdemeanor not committed in an officer's presence shall be advised that they may:

  • Make a physical arrest; or,

  • Make a crime report and proceed through the City Attorney's Office.

216.31 PRIVATE PERSON'S LEGAL ARREST - RESPONSIBILITY. If an individual makes a private person’s arrest and requests that an officer take a person into custody, the officer shall do so if there is probable cause to believe a criminal offense has been committed or an arrest warrant has been issued for the person being arrested.

Note: Officers are not precluded from completing a Investigative Report, Form 03.01.00, for filing of a criminal complaint instead of arrest, if the arresting person agrees.

216.32 PRIVATE PERSON'S ARREST, ILLEGAL. When a private person's arrest is or appears to be illegal, the individual requesting police action shall be advised of the provisions of Section 847 PC. If the individual insists on the arrest, he or she shall be informed to seek his or her own legal counsel. Additionally, the officers shall:

  • Not take custody of the person;

  • Complete a Field Interview Report, Form 15.43.00 on all of the involved parties;

  • Notify a supervisor of the circumstances of the incident; and,

  • Complete an Employee's Report, Form 15.07.00, documenting the circumstances of the incident.

DOCUMENTING AN ILLEGAL PRIVATE PERSON’S ARREST.  When officers encounter a situation where a person has placed another person under private person’s arrest, and that arrest is or appears to be illegal, officers shall complete an Employee’s Report, Form 15.07.00.  The Employee’s Report shall include the following information:

 

·         The personal information of all persons involved (name, address, date of birth, etc.) as well as the incident information (location, Incident Number, Reporting District (RD), etc.);

·         Details of the circumstances leading to the private person’s arrest;

·         Document the circumstances that support the illegal arrest determination;

·         The advisement of the person making the arrest of California Penal Code Section 847;

·         The advisement of the person making the arrest to seek their own legal counsel;

·         Ensure that the Employee’s Report is addressed to the Area commanding officer of the involved Area;

·         Ensure that the location of the radio call is entered into the Location of Occurrence box on the Employee’s Report, followed by the RD number;

·         Name and serial number of the supervisor who was notified or at scene during the arrest; and,

·         The signature and serial number of the watch commander approving the Employee’s Report.

 

WATCH COMMANDER’S RESPONSIBILITIES.  The watch commander reviewing the Employee’s Report

shall:

 

·   Review the Employee’s Report for thoroughness and content prior to approving the report;

·   Review the circumstances surrounding the incident and the lack of the elements of the crime; and,

·   Sign, date and place their serial number on the report in the space provided for the approving supervisor.

 

FILING OF THE EMPLOYEE’S REPORT, FORM 15.07.00.  Employees shall obtain a non-crime Division of

Records (DR) number for the Employee’s Report.  The original Employee’s Report shall be forwarded to the Area

commanding officer for review and, once reviewed, returned to the Area Records Unit for filing.  If a related

arrest/crime report is completed, a copy of the report shall be attached to the Employee’s Report prior to forwarding it

to the Area commanding officer. 

 

AREA RECORDS RESPONSIBILITIES.  Area Records personnel shall:

 

·   Ensure that all submitted Employee’s Reports documenting illegal private person’s arrests are given a non-crime DR number;

·   When obtaining a DR number for the Employee’s Report, enter “PPAREJECT” (Private Person’s Arrest Reject) in the victim’s last name field and the three-letter abbreviation for the division of occurrence (i.e., WIL-Wilshire), as the first  name in the involved party entry of the Automated DR Issuance System (ADRIS);

·   The reporting employee(s) shall be entered as a reporting party or parties (R01, etc.) on the PPARTY screen during the DR issuance process;

·   All other involved parties (i.e., the rejected arrestee, arrestor, or witnesses) shall be entered as parties (P01,P02,etc.), in no specific order, on the PPARTY screen during the DR issuance process; and,

·   Ensure that the original Employee’s Report, along with copies of any related reports, are forwarded to the Area

    commanding officer.

 

Note: If a crime report is completed and it is related to the private person’s arrest, the Employee’s Report shall be given the same DR number as the crime report.  Additionally, ”PPAREJECT” and the division of occurrence’s abbreviation shall be entered as an additional party to the crime (“P01”) on the PPARTY screen.  This will ensure the proper tracking and documentation of the Employee’s Report and its relationship to the crime report. 

 

AREA COMMANDING OFFICER’S RESPONSIBILITIES.  The Area commanding officer shall:

 

           ·  Ensure that a file for all original Employee’s Reports which document private persons arrest that are or appear to

         be illegal is established and maintained in the Area Records Unit;

           · Review all Employee’s Reports for possible follow-up investigations;

           · After review and approval, ensure that the original reports are returned to the Area Records Unit for filing; and,

           · Ensure that the Employee’s Reports can be accessed and/or retrieved for further investigation and audit

        purposes.

 

216.33 RECEIVING ARRESTED PERSON. All persons involved in a private person's arrest shall be advised that officers are not making the arrest, but are merely receiving the arrested person. After receiving an arrested person, officers shall verify the identify of the person making the arrest and shall complete a Form 05.02.10 and ensure that the arresting person reads, understands and signs the form. Officers shall also determine the arrestee's eligibility for release from custody.

Note: Officers are no longer required to cause the arresting person to write the statement "I have arrested this person" or sign their full name, address, and telephone at the bottom of the Arrest Report, Form 05.02.00.

Arrestee Eligible for Release From Custody. If it is determined that the arrestee is eligible for release from custody, the procedures outlined in Manual Section 4/216.65 shall be followed.

Arrestee Ineligible for Release From Custody. When it is determined that the arrestee is ineligible for release from custody, officers shall:

  • Request the arresting person to accompany the officers to the station;

  • Assist the arresting person in completing the Arrest Report, Form 05.02.00. The officers' names and serial numbers shall appear only in the narrative portion of the report as "Transporting Officers" or as "Officers Receiving the Arrested Person;"

  • Cause the arresting person to sign his/her full name, address, and telephone number on the Private Persons Arrest form;

  • Obtain copies of any and all written reports completed by the arresting private person, or statements of guilt signed by the arrestee;

Note: If the arresting private person cannot or will not provide written documents pertaining to the arrest, a detailed statement explaining the circumstances shall be included in the arrest or RFC report.

  • Record the appropriate booking and DR numbers on the upper right corner of the documents;

  • Number the documents as separate pages of the arrest or RFC reports in sequence, following the last page of the narrative portion of the report.

Note: When using the Property Report, Form 10.01.00, in combined reporting, the Property Report shall be the last page.

  • Book the arrestee to the arresting private person; and,

  • Complete other necessary reports.

Note: The arresting private person need not accompany the officers to the station when:

  • The arrest is for petty theft or misdemeanor forgery; and,

  • The crime occurred at a regularly established place of business; and,

  • All the elements of the offense are present and there appears to be probable cause for the arrest; and,

  • The telephonic approval of the officer's watch commander has been obtained for this action.

216.34 AID FOR ARRESTING PRIVATE PERSON. Officers shall, upon demand, go to the aid of an arresting private person whose lawful arrest is being resisted (839 P.C.).

216.40 NON ‑ RESIDENT WITNESSES IN MISDEMEANOR CASES. When a witness in a misdemeanor case resides outside of the County of Los Angeles, all facts to which he/she can testify shall be incorporated in the Arrest Report, Form 05.02.00, or Non - Traffic Notice to Appear, Form 05.02.02, and an RFC Report Continuation, Form 05.02.08.

 

216.49 SURVEILLANCE NOTIFICATION PROCEDURES Officers conducting surveillance shall notify the Los Angeles County Regional Criminal Information Clearinghouse (LA CLEAR) when reasonable/practical at 800-LA-CLEAR, (800-522-5327). The Los Angeles County Regional Criminal Information Clearinghouse is a 24-hour, seven day a week war room and an intelligence watch center. It provides a number of support functions, which include access to government databanks and a special operations center that supports covert surveillance operations. The Los Angeles County Regional Criminal Information Clearinghouse system will provide electronic pinpoint mapping that will alert the system if units are deemed to be in conflict.

SURVEILLANCE – DEFINED. To obtain intelligence, identify suspects, residences, criminal activity, places of employment, identify co-conspirators and associates, corroborate informant information, identify assets, establish daily patterns, and to build probable cause for an arrest or search warrant.

Exception: Scouting – Defined. The initial assessment of a location to ascertain if surveillance is warranted.

OFFICER’S RESPONSIBILITIES. All Department personnel shall notify LA CLEAR prior to conducting a pre-planned surveillance operation. Once a surveillance operation is in progress, officers shall make ongoing notifications to LA CLEAR when reasonable and practical.

Officers shall make contact with other units within their area of operation if advised by LA CLEAR. Officers shall complete the Western States Information Network-Security Control Card, Form WS81/2, and fax it to LA CLEAR for access.

Note: The Los Angeles County Regional Criminal Information Clearinghouse is required to notify a unit of other investigations within a 1000-foot radius and provide contact information.

Department personnel shall notify LA CLEAR in order to prevent any conflicts with other plainclothes operations.

OFFICER IN CHARGE RESPONSIBILITIES. The Officer in Charge (OIC) or designee shall ensure that proper notifications are made prior to the initiation of a surveillance operation, when necessary. Additionally, the OIC shall ensure that officers under his/her command have completed the Western States Information Network-Security Control Card and have access to LA CLEAR.

Note: Professional Standards Bureau, Major Crimes Division, or entities with prior approval from their bureau commanding officer or the Chief of Police may be exempted from making the notifications.
 

216.50 STAKEOUT PROCEDURES. Officers on stakeout duty shall post themselves at the most advantageous location.

Visual Signals. If they are in a position to do so, witnesses shall be requested to offer visual signals to the stakeout officers. These signals shall be so arranged, and of such a nature, that they will not result in any danger to witnesses.

216.51 OBSERVATION POST.  An observation post (OP) is the use of a fixed-post position (e.g., car, building, etc.) intended to be stationary for a period of time, wherein the officers gather intelligence or observe a suspect’s actions and coordinate law enforcement actions.

Officer’s Responsibility.   All Department uniformed and plainclothes personnel shall obtain approval from his/her assigned Area watch commander (W/C) or Officer in Charge (OIC) and notify the W/C of the involved Area prior to the utilization of an OP. 

Note:  Only Professional Standards Bureau, Major Crimes Division or entities with prior approval from their bureau commanding officer or the Chief of Police are exempt from obtaining approval from their W/C or OIC.

A written Operation Plan, Form 12.22.00, shall be submitted to the approving W/C or OIC on all pre-planned OPs.  In the event of a “spontaneous OP,” or if circumstances preclude officers from creating a written Operation Plan, Form 12.22.00, verbal notification shall be made to the approving W/C or OIC. 

Note:  Verbal notification should include specific locations, duty assignments (i.e., arrest teams, communication officer, etc.), nearest hospital, radio frequency, etc.

If an OP is utilized and an arrest is made, the arresting officers shall document the Operation Plan, Form 12.22.00, (if completed) and the name of the supervisor providing oversight in the arrest report.

Supervisor’s Responsibility.  The assigned supervisor is not required to be present; however, they shall monitor the OP operation via Astro radio or direct communication with the involved officers.  The OP operation and the Operation Plan, Form 12.22.00, (if completed) shall be documented in the Sergeant’s Daily Report, Form 15.48.00.

Watch Commander’s Responsibility.  When a request for an OP is made, the W/C shall determine the need for an Operation Plan, Form 12.22.00, and the assignment of a supervisor to monitor the OP.  If an OP is approved, the watch commander shall document the approval and the OP operation in the Watch Commander’s Daily Report, Form 15.80.00.  The completed Operation Plan, Form 12.22.00, shall be attached to the Watch Commander’s Daily Report, Form 15.80.00.

216.52 WEARING OF BODY ARMOR DURING TACTICAL OPERATIONS.  All sworn personnel shall wear Department approved body armor when assigned to field related duties.  Additionally, identified civilian personnel shall wear Department approved body armor during all pre-planned tactical operations, and during any potentially violent situation in the field. All body armor issued, or purchased for use by Department personnel, shall meet or exceed Department specifications, and shall also be certified according to the most current National Institute of Justice (NIJ) standards at the time of purchase. Training Division has identified several civilian entities that are periodically tasked with responding to the field to assist sworn personnel. The following civilian personnel shall be required to have body armor in their possession when responding to field operations:

  • Audio-Visual Technicians;

  • Forensic Print Specialists;

  • Photographers;

  • Criminalists;

  • Police Surveillance Specialists;

  • Firearms Examiners;

  • Officers in Charge of these respective units; and,

  • All other civilian personnel that may respond to the field to assist sworn personnel in a violent or tactical situation.

The officer in charge of any police operation listed below shall ensure that all officers involved in the actual field operation wear body armor:

  • Any pre‑planned tactical operation at a location where officers have reason to believe an individual(s) may use a firearm to resist.

  • Serving a felony arrest warrant on a suspect not in custody.

Based on tactical considerations, the officer in charge shall specify which officers shall wear concealable body armor and which officers, if any, shall wear external bullet‑proof vests.

SWORN EMPLOYEE’S RESPONSIBILITIES. All sworn personnel shall:

  • Wear body armor at all times while engaged in uniform field duties;

Note: Sworn personnel working an off-duty uniform assignment (i.e., the Coliseum or Sports Arena) shall adhere to the on-duty requirements of this directive.

  •  Plain-clothes detectives who are in the field conducting tactical operations or engaged in field operations likely to result in contact with the suspect(s)shall wear body armor;

Note: Detectives out in the field conducting interviews of witnesses are not required to wear body armor.

  • Undercover officers (i.e. Vice and Narcotics) are exempt from wearing body armor when the wearing of body armor compromises their undercover position as a police officer. Undercover officers involved in undercover operations, such as close cover officers, shall wear body armor in all field operations when the wearing of body armor does not jeopardize the operation; and,

Note: The Commanding Officer can exempt plain-clothes officers from wearing body armor when deemed necessary.

  • Return previously issued, and/or expired armor to Supply Section personnel, once the employee has received new body armor.

Note: If body armor is not issued to, or returned by the employee, the reason shall be documented in writing on an Employee’s Report, Form 15.07.00, to the employee’s Commanding Officer.

CIVILIAN EMPLOYEE’S RESPONSIBILITIES. Civilian personnel assigned to assist sworn personnel during tactical field operations (where violence is likely to occur), shall:

  • Wear body armor; and,

Note: In any field situation where there may be a potential for violence, civilian personnel shall wear body armor. It is difficult to foresee when a stale situation may become violent; therefore, civilians shall have their body armor accessible to them at all times while performing field duties (i.e., in the vehicle or duty bag). Personnel tasked with responding to a pre-planned tactical operation, who do not have body armor, shall report to Fiscal Operations Division (FOD), Supply Section Uniform Shop, to check out and return body armor from the “loaner” stock.

  • Return previously issued and/or expired armor to Supply Section.

Note: If body armor is not issued to, or returned by the employee, the reason shall be documented in writing on an Employee’s Report, Form 15.07.00,to the employee’s Commanding Officer.

SUPERVISOR’S RESPONSIBILITIES. All supervisors assigned to uniform field duties shall:

  • Wear body armor at all times while engaged in field assignments;

  • Ensure that all sworn and civilian personnel involved in field operations wear body armor; and,

  • When involved in a pre-planned tactical operation (i.e., search warrants), supervisors shall specify which officers shall wear concealable body armor, and which officers, if any, shall wear external body armor.

AREA/DIVISIONAL TRAINING COORDINATOR’S RESPONSIBILITIES. Training Coordinators in each Area/division shall:

 

·         Ensure that all sworn and civilian personnel, who are issued body armor, are scheduled for their required fitting dates, prior to the five-year body armor expiration date, upon receiving notification.

 

Note:  All training coordinators shall act as liaison with Supply Section to ensure that all sworn and civilian personnel involved actual field operations are issued body armor

 

COMMANDING OFFICER’S RESPONSIBILITIES. Commanding Officers shall:

  • Designate an employee, in the of a training coordinator, to ensure the proper issuance and return of body armor to sworn and specified civilian personnel;

  • Notify their training coordinator or designee with a list from Supply for fittings;

  • Ensure that their training coordinator or designee schedules assigned tings to ensure that all employees are fitted on their required fitting dates, prior to the five-year expiration date;

  • Ensure that the expiration date has not expired on the body armor issued to all sworn and civilian personnel assigned to their Area/division; 

  • Ensure that all sworn and civilian personnel involved in field operations are approved for and issued body armor prior to deploying in the field; and,

  • Authorize the exemptions of plain-clothes officers from wearing body armor, when deemed necessary.

SUPPLY SECTION FISCAL OPERATIONS DIVISION RESPONSIBILITIES.  Personnel assigned to Supply Section shall:

  • Maintain records of body armor expiration dates;

  • Notify all commanding officers of personnel in their command that are required for body armor fittings prior to the five-year expiration date;

  • Ensure distribution of body armor to the assigned employees; and,

  • Maintain records of personnel fitted/not fitted and body armor distributed/not distributed.

216.54 WEARING OF BODY ARMOR DURING WARRANT SERVICE. The Coordinating Supervisor (Sergeant, a Detective II or higher) at a search warrant location shall ensure that all personnel wear body armor.

216.60 ARRESTS OF POSTAL EMPLOYEES. When a postal employee driving a vehicle carrying mail is arrested for a felony, or a misdemeanor of which intoxication is an element, officers, in addition to the regular arrest procedure, shall:

  • Cause a telephonic report to be made, without delay, to the Supervisor of the Post Office Garage, United States Postal Service; and,

  • Make an Employee's Report, Form 15.07.00, containing the details of the arrest. A copy of this report shall be forwarded to the Superintendent of Motor Vehicles, United States Postal Service.

Note: Arresting officers shall be responsible for the safety of the vehicle and its contents until a Postal Service representative has arrived at the scene and taken charge of the vehicle and its contents.

When a postal employee driving a vehicle carrying mail is detained for a misdemeanor offense not involving the element of intoxication, officers, in lieu of making a physical arrest, shall:

  • Complete a misdemeanor traffic citation; or,

  • Complete the appropriate misdemeanor crime report.

216.62 ENFORCEMENT OF THE NOISE ORDINANCE. An officer may initiate enforcement action without a complaining party when a violation of the Noise Ordinance (Chapter XI of the Los Angeles Municipal Code) is committed in his presence.

When it has been determined that the defendant does not possess a Police Commission permit to deviate from the provisions of the Noise Ordinance, the defendant shall be arrested and released after a Non - Traffic Notice to Appear, Form 05.02.02, and an RFC Report Continuation, Form 05.02.08, have been completed.

Exceptions: The only exceptions to the above enforcement method shall be the following:

  • A physical arrest shall be made when one or more of the exceptions listed in Section 4/216.65 of the Department Manual is present.

  • A Complaint Application, Form 05.15.00, shall be utilized when a violator is a corporation or other business entity, and should include the following:

    • The corporation or business shall be named as defendant on the Complaint Application, and the name and identification of the observed violator shall be included in the narrative of the report;

    • When the corporation or business holds any Police Commission permit, the notation "Copy to Police Commission" shall be placed on the left margin; and,

    • The complaining party shall be referred to the Department of Building and Safety, and no enforcement action shall be taken, when the violation comes under a section of the Noise Ordinance requiring measurement by an electronic meter.

216.64 PROCEDURES FOR CITING VIOLATIONS OF LOS ANGELES MUNICIPAL CODE SECTION (LAMC) 112.01 (b) AND VARIOUS LOUD NOISE AND PARTY VIOLATIONS. When appropriate, officers investigating a loud party or loud music incident may cite the responsible party for LAMC Section 112.01 (b) on a Non-Traffic Notice to Appear. 

 

Los Angeles Municipal Code Section 112.01 (b) - Radios, Television Sets, And Similar Devices, states the following:

(a)                It shall be unlawful for any person within any zone of the City to use or operate any radio, musical instrument, phonograph, television receiver, or other device for the producing, reproducing or amplification of the human voice, music, or any other sound, in such a manner, as to disturb the peace, quiet, and comfort of neighbor occupants or any reasonable person residing or working in the area.

(b)               Any noise level caused by such use or operation which is audible to the human ear at a distance in excess of 150 feet from the property line of the noise source, within any residential zone of the City or within 500 feet thereof, shall be a violation of the provisions of this section.

(c)                Any noise level caused by such use or operation which exceeds the ambient noise level on the premises of any other occupied property, or if a condominium, apartment house, duplex, or attached business, within any adjoining unit, by more than five (5) decibels shall be in violation of the provisions of this section.

 

Officers may cite the responsible party at the location, or person in control of the source of the noise (e.g., stereo, amplification equipment, etc).

 

Note:  When appropriate, officers may cite on the first response.  LAMC Section 112.01 (b) does not require a warning notice and does not require a supervisor to be present during the issuance of a Non-Traffic Notice to Appear citation for LAMC Section 112.01 (b).  Officers shall consider all relevant factors when making the determination to cite or warn.  Relevant factors include the following:
 

·         The likelihood a warning would be effective;

·         The presence of gang, rave or “flyer” party activity;

·         The presence of juveniles;

·         The presence of other unlawful activity;

·         Chronic complaint locations; and,

·         The potential for violence at the location.

 

216.65 RELEASE FROM CUSTODY (RFC).

Conditions For Release From Custody. Each adult misdemeanor arrestee shall be released from custody unless one or more of the following conditions exist:

  • Arrestee is intoxicated to the point where the arrestee could be a danger to self or others;

  • Arrestee requires a medical examination or medical care, or is otherwise unable to care for own safety;

  • Arrestee is in custody for a violation of one or more of the circumstances listed in Sections 40302 or 40303 of the Vehicle Code;

  • Arrestee has one or more outstanding arrest warrants;

  • Arrestee has one or more outstanding misdemeanor arrest warrants not eligible for release under Section 827.1 of the Penal Code;

  • Arrestee is unable to provide satisfactory identification;

  • Immediate release of the arrestee would jeopardize the prosecution of the offense for which arrested or the prosecution for any other offense;

  • There is a reasonable likelihood that the offense would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the arrestee;

  • Arrestee demands to be taken before a magistrate or refuses to sign the Non - Traffic Notice to Appear; or,

  • There is reason to believe that the arrestee would not appear at the time/place specified in the notice.

When an adult misdemeanor arrestee is not released from custody pursuant to one of the above listed conditions, officers shall articulate the specific circumstances which justify the continued custody in the narrative of the Arrest Report, Form 05.02.00.

Note: Traffic‑related misdemeanors, except those listed in Section 40302 of the California Vehicle Code, shall be cited using a Traffic Notice to Appear, Form 04.50.00, and the Continuation of Notice to Appear, Form 04.50.05, in lieu of the Arrest Report.

Procedures For Release.

Infractions. An adult arrested for any infraction shall only be required to furnish satisfactory evidence of identity and sign a written promise to appear. The arrestee is not subject to other RFC procedures. The arresting officer shall subsequently complete a Release From Custody Report Continuation, Form 05.02.08, in accordance with existing procedures.

Misdemeanor. Prior to releasing a misdemeanor arrestee, unless the arrestee is eligible for a Direct Cite Release From Custody or restricted by law (Sections 11357(b) and 11360(b) of the Health and Safety Code), an arresting officer shall:

  • Query CWS for outstanding warrants;

  • Obtain a State and a County Arrest History Record (Rap Sheet) via the Area/division Network Communications System (NECS) to determine whether the arrestee has a previous offense which renders the arrestee ineligible for RFC;

  • Attach a copy of each of the arrest records to the original report;

Note: When an arrestee's "Rap Sheet" cannot be obtained within a reasonable period of time (not to exceed 15 minutes after initial inquiry), the names used for the inquiry and an explanation of why the records could not be obtained shall be included in the narrative portion of the Arrest Report or RFC.

  • Obtain the watch commander's approval to release the arrestee;

  • Obtain a booking number and Arrest Report via the Decentralized Automated Booking Information System (DABIS) and utilize the NECS terminal "Release" function to reflect the arrestee's status (Released) in the County Jail automated system;

  • If the NECS terminal release function is unavailable, the arresting officer shall notify the watch commander;

Note: The watch commander shall monitor the status of arrestees as shown by NECS to ensure that their status is accurately reflected.

  • Photograph the arrestee;

  • Obtain two full sets of fingerprints using the Fingerprint Card, Form FD249;

  • Prepare a Non - Traffic Notice to Appear, Form 05.02.02, (RFC);

  • Record the related arrest and evidence (if applicable) Division of Records (DR) numbers, or the booking number when there are no DR numbers;

  • Obtain the arrestee's signature on the Non - Traffic Notice to Appear;

  • Provide the arrestee with the defendant's copy of the Non - Traffic Notice to Appear;

  • Release the arrestee; and,

  • Complete the Arrest Report.

Exception: An adult may be released from custody after furnishing satisfactory identification and signing a written promise to appear (RFC), when arrested for a misdemeanor violation of:

  • An offense normally investigated by Commission Investigation Division; or,

  • An ABC violation as specified in Section 24209 of the Business and Professions Code when committed by licensees or their agents.

The arresting officer shall subsequently complete a Release from Custody Report Continuation, Form 05.02.08, in accordance with existing procedures.

RFC Offense in Conjunction With A Booking Offense. An RFC report shall not be completed when an arrestee is in custody for two or more offenses, one of which requires continued custody. In such cases, an Arrest Report shall be completed and the elements of the RFC offense included in the narrative portion of the arrest report.

Exception: When a person arrested for an infraction is eligible for release from custody (Manual Section 4/216.65), and is additionally charged with a misdemeanor warrant, the arresting officer shall:

  • Complete a Non - Traffic Notice to Appear and Arrest Report for the infraction;

  • Include the warrant number, charge, and issuing court in the narrative of the Arrest Report;

  • Write "Includes Misdemeanor Warrant for (e.g., 484 PC)" in the additional charges section of the Arrest Report; and,

  • Book the arrestee for the misdemeanor warrant only.

Supervisor’s Responsibility. Supervisors approving RFC reports for an adult misdemeanor arrestee shall ensure that fingerprints and photographs have been taken, a booking number has been obtained, an Arrest Report has been completed, and the conditions for a release from custody have been met.

Area Records Unit's Responsibility. Area records units shall ensure that two completed Fingerprint Cards, Form FD249, are attached to the original Arrest Report and forwarded to Records and Identification Division.

Operations‑Central Bureau Area Records Unit's Responsibility. Area records units within Operations‑Central Bureau shall be responsible for duplicating and distributing all reports for arrestees who are released from custody.

Note: The Specialized Reports Distribution Unit (SRDU), Records and Identification Division, is still responsible for duplicating and distributing all misdemeanor and RFC related arrest and continuation reports when the misdemeanor arrestee is booked at Metropolitan Jail Section or Los Angeles County Jail. Hollywood Area records unit shall process Hollywood misdemeanor arrest reports.

Hollywood Area Records Unit's Responsibility. The Hollywood Area Records Unit shall be responsible for duplicating and distributing all reports for misdemeanor arrestees who are arrested within Hollywood Area and booked in the County Jail System.

City Attorney Complaint Details’ Responsibility. Upon receiving a Non - Traffic Notice to Appear, Form 05.02.02, for selected offenses to be filed directly with the court by the Department, the City Attorney Complaint Details shall:

  • Separate the narrative and any related reports from the original Non - Traffic Notice to Appear;

  • After a thorough review to ensure compliance with established filing policy, file the case with the assigned court within ten court days by submitting only the original copy of the Notice to Appear to the court clerk; and,

  • Maintain a file of the offenses in which a "not guilty" plea was entered or a bench warrant issued.

The narrative, any related reports, and a copy of the Non - Traffic Notice to Appear, shall be submitted to the City Attorney's Office whenever a “not guilty” plea is entered. Whenever a bench warrant is issued, the narrative, any related reports, and a copy of the Non - Traffic Notice to Appear shall be maintained on file for a period of one year or until the defendant is apprehended, whichever occurs first.

Supervisory personnel of City Attorney Complaint Details shall reject any case failing to meet the established filing policy.

Note: The City Attorney's Office is available to review cases that require an expert opinion.

Booking Employee's Responsibility. The employee completing the booking process shall:

  • Transmit the fingerprint card, Form FD249, and the personal data portion of the Los Angeles Booking and Identification Record, Form 05.01.01 to Records and Identification Division via the Livescan Network;

  • Document the completion of the booking by signing and recording the date and the location booked on the Request to Appear for Processing; and,

  • Return the Request to Appear for Processing to the arrestee and direct him to appear, with the form, in court at the appropriate time.

216.66 DIRECT CITE RELEASE FROM CUSTODY PROCEDURES.  Direct Cite RFC procedures do not require the attachment of a Criminal Identification and Information (CII) printout (Rap Sheet), Consolidated Criminal History Reporting System (CCHRS) printout, or a Release from Custody Report Continuation, Form 05.02.08.

 

The City Attorney’s Office has approved the following 20 violations for Direct Cite RFC procedures, as long as all of the required elements are articulated in the narrative section of

the Non-Traffic Notice to Appear, Form 05.02.02.

 

* Los Angeles Municipal Code (LAMC)   

* Penal Code (PC)

VIOLATIONS

41.27(c) LAMC

Drinking in Public

41.27(d) LAMC

Possession of Open Container on Posted ABC Location

41.18(d) LAMC

Sitting or Sleeping on the Sidewalk

41.45(c) LAMC

Illegal Possession of Shopping Cart

41.45(d) LAMC

Illegal Use of Shopping Cart

42.00(d) LAMC

Regulation of Street Advertisements

63.44B2(d) LAMC

Permitting an Unleashed Animal in Park

63.44B14(a) LAMC

Loitering in Park After Hours

63.44B14(b) LAMC

Sleeping on Beach After Hours

63.44BI9 LAMC

Littering Within a Park

63.44B24 LAMC

Lighted Tobacco in Park

63.44I9 LAMC

Erecting Structures or Tents on Beach

63.44K2 LAMC

Parking in Park After Hours

374.4(a) (PC)

Littering

640(b)(1) PC

Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system

640(b)(3) PC

Smoking in or on a system facility or vehicle in areas where those activities are  prohibited by that system

640(b)(5) PC

Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure

640(c)(1) PC

Evasion of the payment of a fare of  the system.  For the purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare

640(c)(2) PC

Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare

25620 Business and Professions Code

Possession of Open Container of Alcohol in a Public Place

 

All other violations that are not specifically identified in this Order, or where the officer is unable to document all of the required elements of the violation within the narrative section of the RFC citation, shall continue to to be processed as outlined in Department Manual Section   4/216.65, Release from Custody.

 

OFFICER’S RESPONSIBILITIES.  When issuing an RFC for one of the 20 qualifying Direct Cite sections, officers shall document the appropriate violation section and the required crime elements in the narrative box.  Officers shall submit the RFC citation as a stand-alone document without the need for a Release from Custody Report Continuation.  

Note:  Juvenile arrest procedures and arrests where evidence is to be booked have not been changed by this process.

 

COURT IDENTIFICATION REQUIREMENTS.  Currently, there are differing opinions within the courts on what are considered acceptable forms of identification for the purposes of issuing RFCs.  All citations that use a strictly numeric identifier [e.g., Social Security Number, Criminal Investigation and Identification (CII) number, Master Automated Index Number (MAIN), Department of Motor Vehicles X number, etc.] will be rejected.  Passports will also be rejected.  As a result of the inconsistencies within the courts, officers issuing RFCs shall determine that the arrestee meets one of the following identification requirements:

 

·         A permanent state-issued driver license;

·         A permanent state-issued identification; or

·         United States Military identification.

 

Exception:  The Chatsworth, San Fernando, and Van Nuys Courthouses will accept any officially-issued Foreign Consulate identification card as valid proof of identification.

 

216.67 RELEASE FROM CUSTODY (RFC) OF MISDEMEANOR WARRANT ARRESTEES. Adult misdemeanor warrant arrestees shall be cited and released on a Non - Traffic Notice to Appear, Form 05.02.02, in lieu of incarceration unless one or more of the following conditions exist:

  • The misdemeanor cited in the warrant involves violence, a firearm, resisting arrest, or giving false information to a peace officer;

  • The arrestee:

    • Is a danger to himself/herself or others due to intoxication or being under the influence of drugs or narcotics;

    • Requires medical examination or medical care or is otherwise unable to care for his or her own safety;

    • Has other ineligible charges pending against himself/herself;

    • Demands to be taken before a magistrate or refuses to sign the Non - Traffic Notice to Appear; and/or,

    • Cannot provide satisfactory evidence of personal identification.

     

  • The misdemeanor cited in the warrant involves a violation of one or more of the circumstances listed in Sections 40302 or 40303 of the California Vehicle Code;

  • There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the arrestee;

  • The warrant of arrest indicates that the arrestee is not eligible to be released on a citation; and/or,

  • Immediate release of the arrestee would jeopardize the prosecution of the offense for which arrested or the prosecution for any other offense. There is reason to believe that the arrestee would not appear at the time or place specified in the Non - Traffic Notice to Appear.

Eligibility for release of misdemeanor warrant arrestees shall be determined by the watch commander or investigative supervisor giving booking advice. Release From Custody procedures for misdemeanor warrant arrestees are the same as those for eligible non‑warrant misdemeanor arrestees (Manual Section 4/216.65).

Note: Release From Custody procedures for misdemeanor warrants do not apply to warrants issued for failure to appear. Arrestees detained for misdemeanor or infraction warrants involving failure to appear shall be booked and are required to post the appropriate bail prior to release.

Arrestees with Open Charges and Misdemeanor Warrants. All charges against an arrestee must be eligible for citation and release (own recognizance or Release From Custody) before the arrestee can be issued a Non - Traffic Notice to Appear for an eligible misdemeanor warrant. When an arrestee has an open charge and an eligible misdemeanor warrant and is eligible for release on both the open charge and the warrant, a separate Non - Traffic Notice to Appear shall be issued for each offense. An arrestee shall not be issued a Non - Traffic Notice to Appear for an eligible misdemeanor warrant if the open charge is not eligible for release or if the arrestee has other non‑eligible warrants.

Exception: If the arrestee posts bail or the non‑eligible charges or warrants are otherwise cleared, a Non - Traffic Notice to Appear may be issued for the eligible misdemeanor warrant.

Note: These procedures do not apply to processing juvenile misdemeanor warrant arrests.

216.75 DETERMINING PAROLE STATUS - ARRESTING OFFICER'S RESPONSIBILITY. When an officer has reason to believe (through CWS or otherwise) that an arrestee may be on parole, he/she shall:

  • Verify the parole status through a record check. The Parole Information Form, LAPD Temp 207, is retained in the Criminal Information Unit, Records and Identification Division; and,

  • If the arrestee is on parole, determine if there is a "Parole Want" by contacting his parole officer or, if unavailable, the California Department of Corrections.

California Youth Authority Parolees. The California Youth Authority may be contacted by:

  • Teletype, via CLETS (address Stockton CLETS terminal, YAS).

  • Automatic Telephone Switching System (ATSS).

All Other Parolees.

  • During normal business hours, the officer using Automatic Telephone Switching System (ATSS) shall contact:

    • California Department of Corrections.

    • California Rehabilitation Center.

  • During other than normal business hours, the Bureau of Identification, Wanted Persons Section, may be contacted by:

    • Teletype, via CLETS.

    • Automatic Telephone Switching System (ATSS).

Notify the officer responsible for booking approval of the arrestee's parole status.

217. SEARCHES OF SUSPECTS AND ARRESTEES.

Cursory Searches. When an immediate cursory search for weapons is necessary, it may be conducted by an officer of either sex.

Searches of Arrestees.

When the rules of search and seizure permit, an arrestee shall be thoroughly searched as soon as practicable. Such searches shall be conducted by an employee of the arrestee's sex. However, an immediate search may be conducted in the field by an officer of either sex when necessitated by specific circumstances, such as a reasonable belief that:

  • The arrestee is armed with a weapon.

  • A delay could result in the destruction or loss of evidence.

  • Personal property shall not be taken from arrestees in the field.

Exceptions: Evidence, items which could be used as weapons, and items which could contain weapons shall be taken from the arrestee. If the arrestee is in possession of any contraband items (as defined in this section), the arrestee shall be advised that, upon entry into the booking facility, those items will be discarded. Officers shall advise the arrestee of his/her ability to either leave the property with a family member or friend, donate the item(s) to anyone of their choice at scene, or throw the item(s) away.

Note: Officers are reminded that property having evidentiary value shall be booked in accordance with existing Department policy. Additionally, any property which could constitute an environmental hazard (i.e., hazardous liquids) shall be retained by the officer for proper disposal in accordance with Manual Section 3/712.13.

Contraband Items – Defined.

Items that pose a risk to the safety and security of the City Jail System are considered contraband. Although certain items may be legally possessed by arrestees at the time of arrest, due to safety and security concerns, these items are prohibited from the City Jail System. The following contraband items shall not be placed into the arrestee’s personal property bag or excess personal property:

  • Edibles, including unopened candy;

  • Perishables;

  • Liquids in glass or plastic containers which do not seal tightly; and,

  • Unlabeled medications.

Note:  The Commanding Officer, Jail Division, has final authority to determine what items are classified as contraband.

217.20 NON ‑ PROHIBITED DRUGS RECOVERED FROM ARRESTEES. An officer who recovers non-prohibited drugs from an arrestee's possession shall:

  • Deliver the drugs to the booking clerk separate from the arrestee's property; and,

  • Inform the booking clerk that the drugs have been verified as non-prohibited.

Note: When an arrestee is booked at Los Angeles County Jail, non-prohibited drugs shall be placed in an envelope and returned to the arrestee's personal property. The envelope shall be signed by the officer and shall include a description of the contents.

217.30 USE OF HANDCUFFS. The primary purpose in handcuffing an arrestee is to maintain control of the arrestee and to minimize the possibility of escalating the situation to a point that would necessitate more drastic means of restraint.

Felony arrestees shall normally be handcuffed; however, there may be circumstances which would make the handcuffing of an arrestee inappropriate. Such circumstances can best be perceived by the involved officer. Therefore, any decision to not handcuff an arrestee must be based on available facts. Factors involved in making this decision include, but are not limited to:

  • The possibility of the arrestee escaping.

  • The possibility of the incident escalating.

  • Potential threat to officers and other persons.

  • Knowledge of the arrestee's previous encounters with law enforcement.

An officer shall constantly monitor the actions of an unhandcuffed arrestee. If the officer believes it is necessary, he/she may, at any time, handcuff the arrestee.

217.32 HANDCUFFING OF MISDEMEANOR PRISONERS. Handcuffing of misdemeanor prisoners is discretionary.

Exception: (Manual Section 4/217.34)

217.34 HANDCUFFING OF BELLIGERENT ARRESTEES. If an arrestee gives any indication that he/she might become belligerent, the arrestee's hands shall be handcuffed behind him/her.

217.36 HANDCUFFING PERSONS WITH A MENTAL ILLNESS. Officers must handcuff a person with mental illness taken into custody when the person is not restrained by means of a straitjacket or restraining straps.

Exception: When a person with a mental illness whose age or physical condition is such that the personal safety of the person with a mental illness and the officer clearly will not be jeopardized, the use of handcuffs must be within the discretion of the officer.

When handcuffing a person with a mental illness, officers must use only official handcuffs and ensure that the handcuffs are double locked. Temporary plastic restraining straps must not be used to restrain a person with a mental illness, nor will they be furnished to private persons for use in restraining a person with a mental illness.

217.40   USE OF THE HOBBLE RESTRAINT DEVICE. 

 

Use of the Hobble Restraint Device.  The Hobble Restraint Device can be used to control a violent or potentially- violent arrestee, or as a restraining device for a non-violent arrestee when handcuffs are impractical due to injury or other extenuating circumstances.

 

Note: The mere application of the Hobble Restraint Device does not constitute a reportable use of force.

 

The Hobble Restraint Device was designed to be used to secure the ankles, knees, elbows or feet of an individual who is potentially violent or displaying violent behavior by kicking, fighting, biting, punching, or thrashing about.  These techniques can be varied according to the circumstances an officer may encounter, but in each instance, care should be taken to prevent injury to the arrestee.  Once the Hobble Restraint Device is secured, officers shall immediately place the individual in an upright, seated position or on his/her left side (left lateral recumbent position).  If this is not possible due to medical or tactical issues, then placing the individual on his/her right side is an acceptable substitute.

 

Note: The Hobble Restraint Device shall not be used to bind the suspect’s hands and feet together in any manner.

 

Officers may use the Hobble Restraint Device to secure a violent or potentially-violent person transported in a police vehicle when:

 

·         The person’s hands are secured with handcuffs that are double-locked behind the person’s back;

·         The person is secured to the police vehicle seat with the police vehicle’s safety belt; and,

·         The Hobble Restraint Device strap is pulled out of the rear door, the loose end (snap-hook end) of the strap is placed on the front passenger floorboard, and both doors are closed to secure the strap.

 

Officers shall request a rescue ambulance to transport a violent person only:

 

·         If the person is extremely violent (e.g., transportation of the violent person in the police vehicle would likely result in serious injury or vehicle damage) and requires restraint to the extent that he or she must be transported in a recumbent position; or,

 ·  If the violent person is injured or physically ill and is in need of immediate medical attention.

 

217.50 TRANSPORTATION OF ARRESTEES. All arrestees transported in any Department vehicle, regardless of age or gender, shall be secured in the rear seat. A three-point safety belt shall be used; however, a two-point safety belt (lap belt) shall be worn when a three-point safety belt is not provided.

Two Officers. If two officers are transporting an arrestee in a non partition-equipped vehicle, one officer shall be seated directly behind the driver of the vehicle.

In a partition-equipped vehicle, the passenger officer shall ride in the front seat. Officers must remain in close proximity and visually monitor arrestees.

One Officer. A single officer in a non-partitioned vehicle may transport a non-belligerent arrestee. The officer must remain in close proximity to visually monitor the arrestee.

Should the arrestee become belligerent, the transporting unit should stop the transport and request a unit with a partitioned vehicle to continue to transport the arrestee.

Exception: Females ages five through 17 years of age, when transported by male officers (Manual Section 4/217.56).

Time and Mileage. When there is no transporting officer of the arrestee's sex, officers transporting an arrestee shall, at the time of departure, notify the radio operator of the following:

  • Location of departure; and,

  • Odometer reading.

Upon arrival at the destination, the radio operator shall be informed of the:

  • Location of arrival; and,

  • Odometer reading.

The radio operator shall be notified when any delay or detour is necessary during the transportation.

217.51 TRANSPORTING PERSONS "DETAINED ONLY" TO PLACE OF ORIGINAL DETENTION. When a detained person is to be released without being booked or cited, the detaining officer shall normally provide for the return of the person to the place where he or she was originally detained.

Exception: Under compelling circumstances, and with approval of a supervisor, the detaining officer may elect to deny further transportation to a person detained and released without being booked or cited. (Examples of circumstances where such denial could be appropriate include return of violent suspects to the scene of prior hostile events, return to the scene of suspects who previously threatened physical violence to persons remaining at the scene, etc.)

217.53 TRANSPORTING PHENCYCLIDINE (PCP) ARRESTEES. All persons who exhibit objective symptoms of being under the influence of phencyclidine (PCP) shall be given medical treatment prior to booking as outlined in Manual Section 4/648.16. Those arrestees not exhibiting symptoms of being in need of immediate medical treatment will be transported by police vehicle. When in doubt, officers will request a rescue ambulance to transport the suspect.

Officers shall request a rescue ambulance to transport arrestees who exhibit objective symptoms of being under the influence of PCP and who appear to be in need of immediate medical treatment. PCP arrestees are considered to be in need of emergency medical treatment when they display any of the following objective symptoms:

  • Unconsciousness.

  • Muscle rigidity.

  • High temperature.

  • Are combative, argumentative, or may become violent.

Officers shall restrain the arrestee by utilizing two sets of handcuffs to secure the arrestee’s hands behind his/her back. One manacle of one handcuff shall be double-locked to one manacle of another handcuff. The remaining manacles shall be double-locked to the arrestee’s wrists. Once the arrestee has been handcuffed behind his back, officers shall secure the arrestee with the hobble restraint device. The officers shall place the arrestee in the left lateral position and not allow the arrestee to roll into a “face/chest” downward position (prone). Officers shall continuously monitor the arrestee while in their custody. Once the arrestee has been restrained, officers shall assist paramedics in securing, the arrestee to the transportation equipment and loading the gurney into the ambulance.

At least one officer shall ride with the paramedics in the ambulance and maintain custody of the arrestee during transportation. The officer’s partner or a backup officer shall follow the ambulance to the hospital. When the arrestee is delivered to the appropriate receiving emergency facility, the responsibility of the LAFD terminates.

In those instances where LAPD and LAFD field personnel are unable to determine whether an arrestee should be transported by ambulance or by police vehicle, supervisors from both agencies shall be called to the location. The decision by the paramedic supervisor shall be final.

217.56 TRANSPORTATION AND CUSTODY OF JUVENILE FEMALES. Whenever practicable, any female over the age of five years and under the age of eighteen years taken into custody shall be dealt with as far as possible, in the presence of a female police officer or other adult female and the female juvenile shall be transported in the care and custody of a female police officer. If no female police officer is available, at least two male police officers shall be present during the entire period of transportation, and time and mileage procedures (Manual Section 4/217.50) shall apply.

218. JUVENILES INVOLVED.

218.10 RESPONSIBILITY OF HANDLING JUVENILE CALLS. The officers assigned a call involving a juvenile shall be responsible for the disposition of the call unless they are specifically relieved by the concerned investigating officer.

218.15 ADVICE OR ASSISTANCE - JUVENILES. Requests for advice or assistance concerning juveniles shall be directed to the concerned geographic investigating officers. When the investigating officers are not available, the request for advice or assistance shall be directed to Detective Support and Vice Division.

Note: Detective Support and Vice Division is not responsible for the rebooking of juveniles booked as adults in Operations‑Valley Bureau Areas. Requests for assistance for this purpose shall be directed to the watch commander of the Area responsible for the original booking.

218.20 JUVENILE TRAFFIC COURT WARRANTS. When a subject is arrested for a juvenile traffic warrant, the arresting officer shall:

  • Obtain a copy of the warrant information sheet;

  • Obtain booking approval (Manual Section 4/218.60);

Note: The booking charge shall be 602 WIC, followed by the authority as provided in the warrant information sheet.

  • Complete an Arrest Report face sheet, Form 05.02.00, and Juvenile Arrest Supplemental Report, Form 05.02.06;

  • Obtain detention approval (Manual Sections 4/218.64 and 4/218.65); and,

  • Attach one copy of the warrant abstract to the arrest report and process the report in the normal manner.

Note: When the Area Juvenile Coordinator deems continued detention to be necessary, the arresting officer shall transport the juvenile to the designated detention facility for release into the custody of the Probation Department. A copy of the warrant abstract and a copy of the arrest report shall accompany the juvenile to the detention facility.

218.23 JUVENILE TRAFFIC COURT WARRANT, FOLLOW ‑ UP INVESTIGATION. Additional follow‑up reports and petition requests are not required on juvenile traffic court warrant arrests. Therefore, the investigating officer shall be responsible for:

  • Indicating "Case Closed" in the disposition portion of the Arrest Report, Form 05.02.00;

  • Retaining one copy of the completed report for the divisional files; and,

  • Forwarding two copies of the completed report to the Petition Control Detail, Juvenile Division.

218.30 IMMEDIATE FOLLOW ‑ UP INVESTIGATION OF MISSING JUVENILES. When circumstances indicate the need for an immediate, large‑scale, organized search for a missing juvenile, the watch supervisor of the concerned Area shall be notified. He/she shall notify the:

  • Area commanding officer.

  • Watch supervisor, Department Command Post, Communications Division; and,

  • Concerned Area Detective Division.

218.33 ACTION TAKEN ON A CALL REGARDING A MISSING OR FOUND JUVENILE.  The result of the action taken on a call involving a missing or found juvenile shall be telephoned, without delay, to the concerned Area investigating officers. When the concerned investigative officers are unavailable, the Department Command Post, Real-Time Analysis and Critical Response Division (RACR) shall be contacted.

218.40 ENFORCEMENT/ INVESTIGATIONS ON SCHOOL CAMPUSES. This section pertains to dealings with juvenile students on school property during school hours or during school-sanctioned events. It does not pertain to juveniles using school facilities legally after school hours or juveniles trespassing or committing offenses on school property after school hours.

Note: Officers serving in security and related capacities for a school district while in an off-duty assignment are subject to these policies and procedures.

Interviewing/Interrogating Juveniles. Except in exigent circumstances or in arrest situations as outlined in this policy, officers who wish to detain or question juveniles on school property shall contact the school principal or his/her designee and, to the degree possible, explain the nature of their business and the need to meet with the juvenile(s) in question.

Note: Generally, juveniles should not be publicly contacted by officers in the school setting for purposes of questioning unless an arrest is anticipated or reasonably possibly.

Officers shall not enlist school officials or employees to conduct interviews, inquires, or similar fact-finding activities regarding juveniles as part of an investigation.

School officials (excluding school police) who act at the direction of, or on behalf of the interests of, the police becomes “agents” of the police. All police and government agents must abide by constitutional tenets. If a police officer instructs a school official to perform a task (e.g., ask a question to the subject juvenile) the officer is responsible for ensuring that the task is within the parameters of the law.

Exception: Police officers are not precluded from questioning school officials with regard to their knowledge of juveniles in their charge, the juvenile’s activities, and similar matters.

Arrest/Removal of Juveniles. When the circumstances warrant an arrest/removal of a juvenile from school property, officers conducting the arrest/removal shall:

  • Notify the principal or his/her designee before making an arrest of juvenile during class hours on school property;

Exception: When exigent circumstances exist or such notification would potentially jeopardize the ability of officers to safely and effectively make the arrest, officers do not need to notify the principal or his/her designee prior to making the arrest, but shall make the notification after the arrest.

  • When possible, avoid arresting juveniles on school grounds if the use of force is a reasonable possibility;

Note: Officers should use handcuffs or other restraining devices when making arrest in schools whenever deemed necessary to ensure the security of juvenile arrestees and the safety of the officers and others.

  • To the degree possible, minimize embarrassment to the juvenile and disruption of school activities and functions by having the school principal or his/her designee make contact with the juvenile and escort the juvenile back to his/her office; and,

  • Ensure that the juvenile’s parent(s), guardian(s), or responsible adult is notified of the juvenile’s removal.

Searching Juveniles and Property. Police searches of juveniles and their property on school premises are subject to the same legal requirements as any other search.

218.50 CRIME AND ARREST REPORTS-AGE OF VICTIM, ELEMENT OF OFFENSE. When age is an element of an offense, the following information shall be included in the appropriate crime or arrest report:

  • Full name, residence address, and telephone number;

  • Birthdate and place of birth;

  • Business address (or school) and telephone number; and,

  • Name of both parents (if known) or guardian, residence address, and telephone number.

218.51 CHILD ABUSE - REQUIRED REPORTING. Cases of juveniles as victims of possible child abuse including sexual molestation and physical or mental abuse must be reported by the officer first coming in contact with the suspected victim. Officers within the City of Los Angeles must:

  • Ensure that the circumstances surrounding any injuries sustained by the child are investigated and that appropriate crime, arrest and/or injury reports are completed.

  • Immediately telephone and notify the Los Angeles County Department of Children and Family Services (DCFS) 24/7 Hotline at (800) 540-4000, that a suspected child abuse investigation is being conducted.

  • Obtain the 19 digit referral number from DCFS and include the number in the appropriate report; and,

  • Provide the Hotline with the following information.

    • Reporting officer's name and serial number;

    • Victim's name;

    • Present location of the victim;

    • Nature and extent of injury;

    • What led the officer to believe that the injury was a suspected child abuse; and,

    • If the victim(s) and his/her sibling(s) are being taken into protective custody.

Note: In those situations where officers encounter physically and/or sexually abused children along with endangered children from the same family, one report must be completed with a separate DR number for each physically and/or sexually abused child and one DR number for all remaining endangered children.

On duty officers who observe a possible abused child outside the City of Los Angeles must:

  • Contact the local law enforcement agency and report the incident;

  • Record the date and time the law enforcement agency was contacted and the name of the person notified, in the Field Officer's Notebook, Form 15.03.00; and,

  • Report the incident to the DCFS Hotline.

Suspected Child Abuse Report, Form No. SS 8572 - Processing of Report. When a Department employee receives a Suspected Child Abuse Report (SCAR), Department of Justice Form SS 8572 from a mandated reporter, it must be immediately sent by Department mail to:

Juvenile Division

Investigative Control Unit

Suspected Child Abuse Report Coordinator

Police Administration Building - Room 351

Mail Stop 400-1

Foster Home or Child Care Facility Involved. Officers must immediately contact the DCFS Hotline at (800) 540-4000 and the State of California Department of Social Services, Community Care Licensing Division, Regional Children's Residential Program Office at (323) 981-3337 when conducting an investigation of known or suspected child abuse or neglect when the incident:

  • Occurs in a licensed or unlicensed child day care facility, foster or group home; or,

  • Involves a child day care licensed or unlicensed staff person; or,

  • Occurs while the child is under the supervision of a community care facility; or,

  • Involves a community care facility licensed or unlicensed staff person.

When the notifications are made the following information must be provided:

  • Reporting officer's name and serial number;

  • Victim's name;

  • Present location of the victim;

  • Nature and extent of injury;

  • What led the officer to believe that the injury was a suspected child abuse;

  • Name and address of the foster home or child care facility; and,

  • Information contained within the Investigative Report (IR), Injury Report, or SCAR.

Additionally, within 36 hours of receiving the information concerning the incident, the investigating officer must also send (mail, fax, or electronically transmit) a copy of the investigation and any other pertinent material to the following locations (11166.2 PC):

 

            State of California

Department of Social Services

Community Care Licensing Division

Children’s Residential Program

1000 Corporate Center Drive, Suite 200B

Monterey Park, California 91754-7639

Duty Officer Phone Number: (323) 981-3337 (24/7 message service)

 

Alleged Child Abuse or Death while in Protective Custody – A copy of the report must be sent by the investigating officer to the attorney who represents the child within 36 hours.

 

When any Department employee has knowledge of, or observes in his or her professional capacity or within the scope of his or her employment, a child in protective custody whom he or she knows or reasonably suspects has been the victim of child abuse or neglect must, within 36 hours, send or have sent to the assigned attorney who represents the child in dependency court, a copy of the report prepared in accordance with Penal Code Section 11166.  All information requested by the attorney for the child or the child’s guardian must be provided by the agency within 30 days of the request. (11166.1(b) PC)

 

In order to confirm that a report is being properly released to the correct attorney representing the child, Department personnel must contact the respective county counsel to determine whether the attorney was assigned to the child.

 

Investigating Officer’s Responsibilities.  Investigating officers who are assigned to investigate a report of abuse alleged to have occurred in facilities licensed to care for children by the State Department of Social Services, must ensure that the DCFS and the State of California Department of Social Services, Community Care Licensing Division, Los Angeles Children’s Residential Program Office have been immediately notified by the initial reporting officers.  If the notification was not made, the investigating officer will be responsible for making the notification and obtaining the 19 digit referral number form DCFS.

 

If an investigator receives or is assigned a death report of a child who was, at the time of death, living at, enrolled in, or regularly attending a facility licensed to care for children by the State Department of Social Services, unless the circumstances of the child’s death are clearly unrelated to the child’s care at the facility, the investigator must (11165.9 PC):

 

  • Immediately send a copy of the investigation and any other pertinent materials to:

 

State of California

Department of Social Services

Community Care Licensing Division

Children’s Residential Program

1000 Corporate Center Drive, Suite 200B

Monterey Park, California 91754-7639

Duty Officer Phone Number: (323) 981-3337 (24/7 message service)

 

  • Questions regarding criminal investigations which occur in a licensed or unlicensed child day care facility, foster or group home, or a staff member of a child day care that is licensed or unlicensed can contact the State of California Department of Social Services law enforcement special agent at:

 

State of California

Department of Social Services

Community Care Licensing Division

Investigations Branch

1000 Corporate Center Drive, Suite 300

Monterey Park, California 91754-7639

                        (323) 981-3850

218.52 INJURY REPORT - SUSPECTED CHILD ABUSE. Cases of juveniles as victims of possible sexual molestation, or physical or mental abuse, shall be reported on an Injury Report, Form 03.15.00, where the circumstances do not appear to warrant completion of a crime report. Officers shall follow the procedures outlined in Manual Section 4/218.51 in completing the report.

218.53 REPORTING SCAR INVESTIGATIONS.  California law specifies that certain professionals, as well as employees of designated organizations, and agencies (mandated reporters), as specified in Penal Code Section 11165.7 (i.e., health care professionals, school officials), must report suspected child abuse and neglect to any of the following:

·        Any law enforcement agency; or,

·        The county welfare department (e.g., Department of Children and Family Services [DCFS]). 

 

Suspected child abuse can be reported to the Department as follows:

 

·        Fax referral; or,

 

Note:  SCARs received via fax during business hours shall be reviewed, organized, and evaluated by the staff of the Investigative Control Unit (ICU), Juvenile Division.  During weekends, holidays, and off-hours, these functions will be the responsibility of the Real-Time Analysis and Critical Response Division (RACR)

 

·        Direct verbal notification from DCFS; or,

·        Direct verbal notification from a mandated reporter; or,

·        Direct verbal notification from a concerned member of the public; or,

·        SCAR mailed directly to the Department by DCFS or a mandated reporter.

Note:  SCARs sent directly to the Department by DCFS or a mandated reporter shall be forwarded to the concerned Area SCAR Coordinator who will obtain a tracking number from ICU.  The SCAR shall be logged and filed.  When the Department is the first agency to receive a SCAR, it is required to provide the information to DCFS and vice versa (cross–report).

SCAR REVIEW PROCESS.  The review process will include determination as to whether the SCAR requires law enforcement investigation, and if it does, whether the SCAR warrants an immediate Department response.  If the immediate dispatch of a unit is required but there was a delay in reporting, or other circumstances indicate the call may have already been handled, staff from the receiving division (e.g., Juvenile Division or DSVD) shall query the Department computer system using the alleged victim’s name and address to determine if a report regarding the incident has already been completed.  If a report has been completed, the DR number, type of report, and the date of the report shall be included in the SCAR.  No further preliminary investigation is required. 

SCAR INVESTIGATION RESPONSE PROTOCOL.

  Immediate Dispatch.  A patrol unit shall be immediately dispatched when any of the  following are involved:

  • An allegation of sexual abuse; or,

  • Physical abuse with visible injury; or,

Note:  The investigation of incidents involving visible injuries, in most cases, will require an immediate dispatch of a patrol unit, unless otherwise determined through considerable review and evaluation by ICU, and the approval of a supervisor.

Example:  Injuries caused by children involved in mutual combat, minor injury caused during reasonable restraint (i.e., a parent holding down a combative child), or when there is minor injury and the perpetrator has no direct or likely access to the child.

  • Severe neglect requiring medical treatment; or,

  • Hospitalization for internal injuries of a suspicious nature.

Note:  School cars and juvenile cars will not automatically be assigned child abuse calls.  Child abuse calls for service generated by Juvenile Division or DSVD, must include in the comments, a request for the handling unit to contact their watch commander prior to handling the call.  A copy of the SCAR with the time and date the call was created, and the incident number, will be immediately faxed to the watch commander’s office of the handling division.  This will ensure that the responding unit has all the necessary information regarding the investigation prior to handling the call.  If the SCAR indicates DCFS is handling as an “Immediate Response,” a Children’s Social Worker (CSW) will be assigned, and will respond regardless of the time of day or day of the week.  However, law enforcement personnel are required to complete a criminal investigation.

Exceptions to Immediate Dispatch – Delayed Handling.  The dispatch of a unit to investigate a SCAR may be delayed or handled in an alternate manner, if any of the following apply: 

  • The SCAR does not meet the criteria for immediate dispatch; or,

  • The SCAR meets the criteria for immediate dispatch, but a supervisor from the handling Department entity approves delayed handling (A period not to exceed 24 hours in furtherance of the investigation, after giving due consideration to the risk factors involving the child and any siblings); or,

EXAMPLE:  A SCAR describing minor bruising to a 10-year-old child is received at 0200 hours.  Since the dispatch of a unit would most likely require both the child and the parents to be awakened, the supervisor delays dispatch until the next morning when the child is in school, and can be interviewed in a neutral setting at a more convenient time.

  • Alleged sexual abuse that occurred more than 72 hours earlier and the perpetrator has no direct or likely access to the child; or,

  • When an injury or crime report has already been taken for the incident reported in the SCAR.

Note:  If the responding officers are unable to locate the reporting party or an alleged victim during their investigation, they shall contact their watch commander for guidance on how to proceed.  The watch commander shall determine if the alleged abuse is serious enough to require the continuing efforts of the officers to locate the victim or whether another unit can be dispatched at a later time.  If the decision is made to dispatch a unit at a later time, the watch commander shall ensure appropriate arrangements are made for the call to be reassigned within the next 24 hours.  If a second response has not been attempted prior to the concerned watch commander's end of watch, the watch commander shall make an entry in the Watch Commander’s Daily Report, Form 15.80.00, specifically describing what arrangements have been made.  After a total of two unsuccessful attempts have been made to investigate the SCAR, the watch commander shall forward the SCAR to the Area SCAR Coordinator for additional follow-up.  All efforts to handle the SCAR shall be chronologically documented on the SCAR, on an attached chronological record, or on an attached Area Command Center (ACC)/ Mobile Digital Terminal (MDT) administrative message.  The date and time of each attempt, together with the officers’ names and unit numbers, shall be included.  Officers concluding a SCAR investigation shall complete a crime report or injury report.

REPORTING PROCEDURES.  An Injury Report, Form 03.15.00, is to be completed when there is no evidence of a crime to document the preliminary investigation.  Reporting procedures shall be handled depending on the type of notification.

 

Notification from DCFS.  Officers responding to a call from a DCFS notification do not need to complete a SCAR.  DCFS has the responsibility for ensuring a SCAR has been completed, or will be completed.  If the CSW has the SCAR available, officers shall obtain a copy and attach it to a copy of the crime or Injury Report then forward it to the Area SCAR Coordinator.  A tracking number shall be obtained from ICU and the SCAR shall be logged and filed.

 

Notification from a Mandated Reporter.  If the mandated reporter has the SCAR available, officers shall have him/her retain the yellow copy, and the officer shall take the remaining copies.  The officers shall attach these copies, along with a copy of the crime or Injury Report, and forward it to the Area SCAR Coordinator. 

If the mandated reporter has not yet completed a SCAR, officers shall advise him/her to complete a SCAR within 36 hours.  Officers do not need to complete a SCAR.  If the mandated reporter has completed a SCAR, and obtained a DCFS referral number, officers shall include it in the narrative of the report.  If there is no DCFS referral number, officers must cross report to the DCFS Child Protection Hot Line, at (800) 540-4000.  Upon completion of the report, officers will be provided with the child’s name and the name of the social worker giving the referral number.  The referral number shall be included in the narrative portion of the crime or Injury Report. 

The Area SCAR Coordinator shall obtain a tracking number from ICU, write it on the white copy of the SCAR, Form SS8572, and file it accordingly.

Note: The identity of mandated reporters shall be kept confidential, and disclosed only to other involved agencies, in accordance with Penal Code Section 11167.  Mandated reporters are required to make an initial telephonic report as soon as practicable, and a written report within 36 hours. 

Notification from a Concerned Member of the Public.  Upon notification from a concerned member of the public, officers shall complete a SCAR and contact the DCFS Child Protection Hot Line at (800) 540-4000, for a referral number.  The officer will be provided with the child’s name and the name of the social worker giving the referral number.  This information shall be included in the narrative of the crime or Injury Report.  Officers shall then attach and forward the completed SCAR along with a copy of the crime or Injury Report to the Area SCAR Coordinator.  A tracking number shall be obtained from ICU and the SCAR logged.  The tracking number shall be written on the white copy of the SCAR and filed accordingly.

Notification Received by Mail.  If a SCAR received by mail does not have a DCFS referral number, officers must cross report to the DCFS Child Protection Hot Line, at (800) 540-4000.  Officers shall then forward the SCAR, along with a copy of the crime or Injury Report, to the Area SCAR Coordinator.  The SCAR Coordinator shall ensure a copy of the SCAR, and the associated report(s) are sent to ICU, Juvenile Division. 

 

NOTIFICATION TO MANDATED REPORTERS UPON COMPLETION OF SUSPECTED CHILD ABUSE INVESTIGATIONS.  Upon completion of a suspected child abuse investigation generated from information received from a mandated reporter, the assigned investigator shall ensure that the Suspected Child Abuse Investigation Mandated Reporter Notification is completed and:

·         M ailed via United States mail to the mandated reporter when he or she has provided the Department with a mailing address; or,

·         Scanned and sent via e-mail to the mandated reporter when he or she has provided the Department with an e-mail address.

 

When the Suspected Child Abuse Investigation Mandated Reporter Notification is mailed to the mandated reporter via United States mail, the completed original form shall be mailed and a copy shall be included in the Detective’s Case Envelope, Form 15.15.00.  When the Suspected Child Abuse Investigation Mandated Reporter Notification is sent to the mandated reporter via e-mail, the completed original form shall be retained in the Detective’s Case Envelope.

 

Note:   The assigned investigator shall document the date that the Suspected Child Abuse Investigation Mandated Reporter Notification was mailed or e-mailed and include any pertinent information such as the mandated reporter’s name, the agency he or she works for and the mailing address or e-mail address to which the form was sent, in the Detective Case Tracking System Chronological Activity Log.  The information shall also be entered on the final Follow-Up Investigation, Form 03.14.00, when applicable.

 

INVESTIGATIVE CONTROL UNIT (ICU), JUVENILE DIVISION, RESPONSIBILITIES.  Investigative Control Unit shall track from inception to conclusion, all child abuse preliminary investigations resulting from a SCAR being faxed, mailed, or otherwise delivered to any Department entity.  Investigative Control Unit is responsible for providing crime and Injury Reports, and other information related to SCAR investigations, to the City Attorney’s Office upon their request.  All city attorney cases require copies of the SCARs and all associated reports mailed to ICU.  Additionally, ICU will provide procedural advice to Department personnel upon request, and investigative advice when Juvenile Division is responsible for the follow-up investigations. 

 

AREA COMMANDING OFFICER’S RESPONSIBILITIES.  The Area Commanding Officer is responsible for the overall management of SCAR investigations assigned to the Area.  The Area Commanding Officer must also ensure that there be an individual assigned to assume responsibility in the event of the Area SCAR Coordinator’s absence.  The Area Commanding Officer shall ensure newly assigned juvenile and school car officers complete Juvenile Procedures School within 60 days of their assignment. 

 

AREA SCAR COORDINATOR’S RESPONSIBILITIES.  The Area Major Assault Crime (MAC) Coordinator is the Area SCAR Coordinator.  The Area SCAR Coordinator is responsible for ensuring all SCAR investigations and related report processing are conducted within the guidelines of this Order and other Department directives.  The Area SCAR Coordinator shall ensure all SCARs received (which pertain to the Area) are entered in a control log, and that at the conclusion of the preliminary investigation, are filed and organized by tracking number.  The Area SCAR coordinator shall forward completed SCARs or dispositions and any associated reports to ICU, Juvenile Division, by either regular mail or electronic mail (E-mail).  The SCAR Coordinator shall cause all SCARs received directly from ICU, or incomplete SCARs received from the watch commander, to be further investigated by a school or juvenile car.

 

Note:  When e-mailing dispositions to ICU, the tracking log number, victim’s name, type of report, and DR number shall be included.

 

REAL-TIME ANANLYSIS AND CRITICAL RESPONSE DIVISION (RACR) RESPONSIBILITIES.  When ICU is closed, the staff of RACR will assume the responsibilities for reviewing, organizing, and determining if the immediate dispatch of a unit is warranted on all incoming faxed SCARs.  When an immediate dispatch is necessary, RACR will document required information regarding the call for service, and the disposition of the SCAR investigation. 

 

218.54 CHILD ABUSE CENTRAL INDEX (CACI) REVIEW. All child abuse or severe neglect cases classified as “Substantiated” or “Inconclusive” are forwarded to DOJ by the case investigator for inclusion in the CACI database. Cases classified as “Unfounded” are not reported to DOJ. The CACI database shall be continually updated and shall not contain any child abuse or severe neglect reports classified as “Unfounded,” in compliance with PC Section 11169(a).

In adherence with court case law, Burt v. County of Orange (2004) 120 Cal. App 4th 273, 285, a person named suspected child abuser is entitled to present a timely challenge to a previously filed report and must be given a reasonable opportunity to rebut the charge. A formal hearing, with full rights of confrontation and cross-examination is not necessarily required. Therefore, the Department shall conduct a child abuse or severe neglect case review hearing in all instances when either the suspect or the representing attorney requests, telephonically or through written correspondence, a review of the case. The Department shall provide the suspect a reasonable opportunity to be heard and present “evidence” for consideration to have the final classification of the case changed from “Substantiated” or “Inconclusive.”

Note: Although an attorney representing a suspect in a child abuse or severe neglect case may be present at the case review proceeding, there is no current legal requirement that counsel be permitted to call or cross-examine witnesses.

CASE REVIEW – EMPLOYEE’S RESPONSIBILITY. Any Department employee who receives a request, verbally or telephonically, for a child abuse or severe neglect case review from either the suspect or the representing attorney shall:

  • Immediately refer the requesting person to the concerned CRC, who will schedule and subsequently conduct the case review; and,

  • If the CRC is unavailable, the Department employee shall refer the requesting person to the CRC’s immediate supervisor, who will then assume the responsibility of notifying the CRC regarding the request for case review.

 

CASE REVIEW – CASE REVIEW COORDINATOR’S RESPONSIBILITY. The CRC in the concerned geographic Area or specialized division shall conduct the case review proceeding. The assigned CRC should be a Detective III supervisor who has expertise in child abuse or severe neglect investigations. The assignment of the CRC shall be as follows:

  • In the geographic Areas, the CRC shall be one Detective III supervisor, who is assigned to the CRC position by the concerned Area’s Detective Division commanding officer;

  • In specialized divisions, the CRC shall be one Detective III supervisor, who is assigned to the CRC position by the concerned division commanding officer; or,

  • In the absence of the assigned CRC, the concerned commanding officer may assign a designee of supervisory rank (e.g., Detective II, Sergeant I, or higher) as the CRC to conduct the case review proceeding.

When either the suspect or the representing attorney requests a case review, the CRC shall:

  • Schedule a case review proceeding within a reasonable time period to allow the requesting party their right to due process. Case review proceedings should be conducted during normal business hours; and,

  • Notify the requesting party of the scheduled date and time of the case review proceeding. The telephonic notification should be supplemented by a notification via facsimile or e-mail to the requesting party, when possible.

In preparation for conducting the child abuse or severe neglect case review, the assigned CRC shall:

  • Discuss the case with the case investigator, and thoroughly review the case prior to the case review;

  • Determine if the case was filed and the criminal filing disposition of the case, and what specific charges were filed;

  • Determine the court status of the case by querying the Prosecutors Information Management System (PIMS) and the Trial Court Information System (TCIS), and ascertain whether the case was adjudicated, pending, or has a final court disposition;

  • Determine if the classification of the child abuse or severe neglect case was appropriate or should be changed from “Substantiated” or “Inconclusive” to “Unfounded”;

  • Inform the suspect and/or representing attorney that the Department is mandated by PC Section 11169(a), on all cases classified as “Substantiated” or “Inconclusive” to forward the suspect’s name and identifying information to DOJ for entry to the CACI database; and,

  • Complete the CACI Case Review Form and process appropriately. In the narrative portion of the form, the CRC shall summarize the findings of the review process and document any additional evidence supplied by the suspect and/or representing attorney, including information that is relevant to the investigation, classification and final disposition of the child abuse or severe neglect case.

CASE REVIEW – AREA, DIVISION OR BUREAU COMMANDING OFFICER’S RESPONSIBILITY. The commanding officer of the geographic Area or specialized division, where the case was investigated and the case review conducted, shall review and approve the completed CACI Case Review Form.

DOCUMENTATION OF THE CASE REVIEW PROCEEDINGS. All case review proceedings should be conducted in-person, if possible. Upon completion of the case review, the CRC, or designee, shall complete, review and sign the CACI Case Review Form. The form shall then be submitted to the concerned commanding officer for review and approval.

Note: When the suspect requests a telephonic case review only, the CRC shall still complete the CACI Case Review Form, and indicate in the appropriate box on the form that the case review was conducted telephonically. The completed form shall then be processed in the same manner as an in-person case review.

As an option, the case review proceeding may be tape recorded. If so, the recording shall be retained in accordance with established Department procedures outlined in Manual Sections 3/569.20 and 3/569.40. The original tape recording should be forwarded immediately to Scientific Investigation Division, and a copy maintained in the Detective Case Folder, if necessary.

The CRC shall maintain all materials used in the case review proceedings in accordance with record retention guidelines. Copies of the case review records shall be stored at the Area or specialized division where the case review proceeding was conducted for a period of three years.


218.55 ARREST OF ADULT RESULTING IN UNATTENDED JUVENILE. If the arrest of an adult may cause a juvenile to be left without proper care and supervision, the arresting officer shall telephone the concerned Area Detective Division for advice. If geographic investigating officers are not available, the advice of Detective Support and Vice Division shall be requested.

218.57 INTERROGATION OF JUVENILE GIRLS REGARDING SEX MATTERS. The interrogation of a girl under the age of eighteen years regarding sex matters shall be conducted by a female police officer whenever practicable.

218.60 APPROVAL FOR JUVENILE BOOKINGS. Prior to obtaining booking approval, the arresting officer shall:

  • Attach a completed Juvenile Arrest Supplemental Report, Form 05.02.06, to the Arrest Report, Form 05.02.00, as the next to the last numbered page of the Arrest Report;

  • If the juvenile is to be detained, include the reason for detention on the Form 05.02.06; and,

  • Obtain a copy of the Juvenile Automated Index printout as the last numbered page of the Arrest Report.

Booking approval for all juvenile bookings shall only be obtained from the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division.

Advice for a juvenile booking shall be obtained from the concerned Area Detective Division. When that division is closed, the concerned Area watch commander shall be contacted.

Exception: When a juvenile is arrested for an out‑of‑state agency and this Department does not have a pending investigation pertaining to the juvenile, booking advice shall be obtained from the Fugitive Warrants Section, Detective Support and Vice Division (Manual Section 4/606.03).

Note: Discretion shall be exercised regarding the necessity for booking a juvenile. The basis for determining the advisability of booking a juvenile shall be the factual circumstances known to exist at the time of booking. A booking may be advised when the circumstances will substantiate the fact that a juvenile is the perpetrator of a specific crime.

When booking advice is obtained on a juvenile for a narcotics or dangerous drug violation, a preliminary chemical test may be completed for felony arrests, and shall be completed for misdemeanor arrests (Manual Section 4/216.01).

218.61 JUVENILES NAMED ON ADULT TRAFFIC WARRANTS.

Warrant Only. A juvenile who is named on an adult traffic warrant shall be booked on the warrant, and the charge shall be "602 W.I.C. (Traffic Warrant)" Booking approval shall be obtained (Manual Section 4/218.60). An Arrest Report, Form 05.02.00, shall be completed.

Warrant and Other Charge. When a juvenile who is named on an adult traffic warrant is also charged with a separate violation of the Welfare and Institutions Code (W.I.C.), he/she shall be booked on that W.I.C. violation. Booking approval shall be obtained (Manual Section 4/218.60). All available information concerning the warrant shall be included in the narrative portion of the arrest report; and the warrant information sheet shall be forwarded to the Warrant Section, Records and Identification Division.

The arresting officer shall notify the Countywide Warrant System (CWS) operator that the subject named on the warrant is a juvenile. The operator shall be requested to clear the warrant information sheet, error‑delete the warrant from the CWS, and forward the warrant to the Traffic Court Liaison Officer, Traffic Violations Bureau, Los Angeles Judicial District.

Exception: When the warrant was issued by a court outside the City of Los Angeles, notify the CWS operator that the subject named on the warrant is a juvenile and that the juvenile is being booked on another charge. The CWS operator shall cause the concerned agency to be notified.

Foreign Warrants. When a juvenile is named on an adult traffic warrant that was issued by a court outside the City of Los Angeles, the watch commander approving the booking shall ensure that an attempt is made to contact the jurisdiction of issuance to verify the status of the warrant prior to the booking of the juvenile.

Juvenile booked as an adult. When it is learned prior to arraignment that a juvenile has been booked as an adult on an adult traffic warrant, the concerned watch commander shall ensure compliance with the procedures listed in Manual Section 4/705.62. The warrant or warrant information sheet shall be forwarded to the concerned Area Detective Division.

218.62 JUVENILE ESCAPEES - BOOKING CHARGES, ARREST CLASSIFICATIONS, AND ARREST DISPOSITIONS. When a juvenile has been arrested for escape from a juvenile justice facility, the booking charge, arrest classification, and arrest disposition shall be recorded as follows:

  • When this Department has a copy of the Juvenile Court or California Adult Authority warrant and no other offense is being alleged:

                                              Classification           Booking                                 Required

Escape from             of Arrest                 Charge                     Disposition   Notification

 

Probation Dept.                                     602 WIC           

facility (includes                                     (Juvenile                         Case

Juvenile Hall)             Other                   Court Warrant)                 Closed                                                                                                   

Youth                                                    602WIC                        Missing

Authority                                               (CYA                             Case              Ward Unit,

facility                        Other                   Warrant)                        Closed            CYA

 *    When a warrant has not been issued, and no other offense is being alleged:

                                          Classification        Booking                     Required

Escape from                      of Arrest             Charge                       Disposition         

 

Probation Dept.                                      602WIC(871 WIC         Detained

facility (includes                                      Escape-Probation          Petition

Juvenile  Hall)                                         Misdemeanor                 Department facility)       

 

Deuel                                                      602WIC(2042 P.C.       Detained

Vocational                                               Escape - Vocational      Petition  

Institution                    Felony                  Institution)                    Requested CYA  

  

California                                                602WIC(1768.7           Detained Missing

Youth Training                                                                              Petition Ward Unit,

School                        Felony                  Escape-Y.T.S.)              Requested CYA

 

Any other                                                602WIC(1768.7           Detained Missing

type of                                                     WIC Escape-                Petition Ward Unit,

CYA facility             Misdemeanor                                                                                                         CYA Facility)

 

City or                                                     602WIC(4532 P.C.      Detained

County                                                    Escape-City                    Petition

jail facility                    Felony                  [County] Jail)              Requested

 

Note: All juvenile escapees shall be detained in Juvenile Hall.

When a juvenile arrestee is alleged to have committed a criminal offense in addition to escape, the booking shall be for the criminal offense. Warrant or escape information shall be included in the narrative portion of the arrest report under a Reason for Detention heading.

218.63 JUVENILES ARRESTED AND UNDER THE INFLUENCE OF NARCOTICS OR DRUGS-MEDICAL EXAMINATION. If a juvenile is arrested and is under the influence of narcotics or drugs, the arresting officer shall:

Juvenile Detained. Have the juvenile examined by a contract or receiving hospital physician prior to detention. The physician shall be requested to include on the Receiving Hospital Medical Treatment Record, Form RH‑340, his/her recommendation as to whether the juvenile should receive additional medical attention at a Juvenile Hall clinic or the Los Angeles County-USC Medical Center.

Juvenile to be Released to Parents or Guardian. Administer a gas chromatograph intoximeter test whenever practicable. A medical examination by a receiving hospital is not required.

Exception: If, for any reason, the arresting officer or the concerned investigating officer determines that it would be in the best interests of the juvenile or the Department, the arresting or investigating officer shall have the juvenile examined, prior to his/her release, by a contract or receiving hospital physician.

218.64 CONDITIONS FOR JUVENILE DETENTION.  An officer who takes a juvenile into custody shall release the juvenile to the custody of his/her parent, guardian, or a responsible relative unless one or more of the following conditions exist:

  • The juvenile is in need of proper and effective parental care or control and has no parent, guardian, or responsible relative willing to exercise or capable of exercising such care or control; or has no parent, guardian, or responsible relative actually exercising such care or control;

  • The juvenile is destitute or is not provided with the necessities of life or is not provided with a home or suitable place of abode;

  • The juvenile is provided with a home which is unfit by reason of neglect, cruelty, depravity or physical abuse by either of his/her parent, guardian or other person(s) in whose custody he/she resides;

  • Continued detention of the juvenile is a matter of immediate and urgent necessity for the protection of the juvenile or reasonable necessity for the protection of the person or property of another;

  • The juvenile is likely to flee the jurisdiction of the court;

  • The juvenile has violated an Order of the juvenile court;

  • The juvenile is physically dangerous to the public because of a mental or physical deficiency, disorder, or abnormality; or,

  • The juvenile is 14 years of age or older and is taken into custody for a felony or an attempted felony, and it is determined that the juvenile personally used a firearm in the commission of the crime. The juvenile shall not be released to a parent, guardian or a responsible relative or an adult designated by the parent.  The juvenile shall be booked and transported to a Los Angeles County Probation Department juvenile detention facility pending a court hearing.

Note: A statement of facts to support one or more of the reasons for detention shall be included in the Juvenile Arrest Supplemental Report, Form 05.02.06 (Manual Section 4/218.60).

218.65 JUVENILE DETENTION APPROVAL. Approval for the detention of a juvenile shall be obtained from the concerned Area Juvenile Coordinator. When the Area Juvenile Coordinator is unavailable, approval for detention shall be obtained from the concerned Juvenile Coordinator's immediate supervisor. When neither the Area Juvenile Coordinator nor the immediate supervisor is available, detention approval shall be obtained from the concerned Area watch commander.

After the arresting officer has obtained detention approval, the juvenile and a copy of the arrest report shall be delivered to the Probation Department.

218.66 TEMPORARY DETENTION OF JUVENILES AT DEPARTMENT FACILITIES. Juveniles shall not be held in temporary detention in a Department facility for more than six hours, regardless of age or type of offense. Regardless of the nature of the offense or status of the investigation, juveniles shall be released to a parent, guardian, responsible relative or adult designated by the parent, or transported to a Los Angeles County Probation Department juvenile detention facility prior to the expiration of the six-hour temporary detention time limit.

Note: Juveniles described in Section 300 WIC shall be processed (complete arrest report with booking number) prior to transfer to the custody of the Department of Children's Services. They may not remain in a police facility longer than six hours.

Secure Detention of Juveniles. Under secure detention, juveniles are locked in a room, holding tank, or enclosure and/or are physically secured to handcuffing benches, rails, chairs, or any stationary object. A juvenile held in secure detention shall meet all of the following criteria:

  • The juvenile must be 14 years of age or older; and,

  • The juvenile must be in custody under authority of Section 602 WIC; and,

  • The officer has reasonable belief that the juvenile poses a serious security risk and/or risk of harm to self or others; and,

  • The detention must be for the purpose of investigating the crime, facilitating release to a parent or guardian, or arranging a transfer to an approved juvenile detention facility.

Note: The officer may take the following factors into account in determining whether a juvenile qualifies for secure detention:

  • Age, maturity, and delinquent history;

  • Severity of the offense(s) for which the juvenile was taken into custody;

  • The juvenile’s behavior, including the degree to which he/she appears cooperative or non-cooperative;

  • The availability of officers to provide adequate supervision, or protection for the juvenile; and,

  • The age, type of person, and number of other individuals who are detained at the facility.

Secure Detention Procedures. Department employees placing juveniles in secure detention shall adhere to the following procedures:

Note: For the purposes of this Section, "Department employee" is defined as any sworn employee or detention officer.

The approval of the concerned watch commander shall be obtained prior to placing a juvenile in secure detention;

Note: For the purpose of this Section, "watch commander" is defined as the Area watch commander, unit officer in charge, or other concerned supervisor who has responsibility for the Department facility where the juvenile(s) is to be temporarily detained.

  • Department employees shall immediately record the detention and the arrest charge on the Secure Juvenile Detention Log, Form 09.05.00, and ensure that the approving supervisor signs the log;

  • Juveniles held in secure detention shall be informed of the purpose of the detention, the expected duration, and the maximum six-hour detention time limit; the advising employee shall record his/her serial number next to each admonition on the Secure Juvenile Detention Log, Form 09.05.00;

  • Juveniles held in secure detention outside of a locked enclosure shall not be secured to a stationary object for more than thirty (30) minutes unless no other locked enclosure is available during the six-hour detention time limit.  Securing juveniles to a stationary object for longer than 30 minutes and every 30 minutes thereafter, shall be approved by the watch commander and the reasons for continued secure detention shall be documented.  Juveniles who are secured to a stationary object shall be moved to a locked enclosure at such time when one becomes available;

  • When juveniles are handcuffed to a stationary object outside of a locked room or enclosure, a Department employee shall be present at all times to ensure the juveniles' safety;

  • Juveniles securely detained in a locked room or enclosure shall be randomly checked by a Department employee not more than 30 minutes following any previous observation, and shall be able to be heard by a Department employee at all times;

Note: Observation by television monitor is not sufficient. A Department employee shall make random, unscheduled, in-person observations. The time of the observation and the observing employee's initials shall be recorded on the Secure Juvenile Detention Log, Form 09.05.00.

  • If male and female juveniles are placed in the same locked room, they shall be under constant, in-person observation by a Department employee;

  • Locked rooms and enclosures where juveniles are securely detained shall meet all applicable health, safety, and fire requirements.

  • Locked rooms and enclosures shall have adequate lighting and seats in the form of chairs or benches.

  • Locked rooms and enclosures shall have temperature control and ventilation adequate to maintain a comfortable environment.

  • The name and relationship of the person the juvenile is released to shall be recorded.

Non-secure Detention of Juveniles. Under non-secure detention, a juvenile's freedom of movement is controlled solely by Department employees, and the juvenile is under constant, in-person observation and supervision. Non-secure detention prohibits the placement of juveniles in locked rooms or enclosures and prohibits physically securing juveniles to chairs, benches, handcuffing rails, or other stationary objects.

Note: Juveniles under non-secure detention, regardless of age, may be handcuffed. However, they shall not be handcuffed to chairs, benches, handcuffing rails, or other stationary objects.

The following juveniles shall be held in non-secure detention when temporary detention at a Department facility is necessary:

  • All juveniles under the age of 14; and,

  • Juveniles who do not meet the criteria for secure detention.

Non-secure Detention Procedures. Juveniles may be held in non-secure detention only long enough for officers to investigate the crime, facilitate release of the juvenile to a parent or guardian, or arrange for transfer of the juvenile to an appropriate juvenile facility. In any case, detention shall not exceed six hours.

Department employees shall immediately record the detention and the arrest charge on the Non-secure Juvenile Detention Log, Form 09.06.00, and ensure that the log is signed by the supervisor approving detention. Juveniles shall be under the constant observation and supervision of a Department employee.

Note: Observation by television monitor is not sufficient; constant in-person observation is required.

Care of Juveniles Held in Secure or Non-Secure Detention. Juveniles held in secure or non-secure detention shall have:

  • Reasonable access to a telephone;

  • Permission to retain their personal clothing, unless it presents a health hazard or is required as evidence;

  • Reasonable access to restroom facilities;

  • Reasonable access to drinking water and/or other beverages;

  • Privacy during visits with members of their immediate family, guardians, and/or attorneys;

  • Blankets and clothing necessary to ensure comfort;

  • A snack, upon request, during the term of temporary custody, if the juvenile has not eaten within the past four (4) hours or is otherwise in need of nourishment; and,

  • The name and relationship of the person the juvenile is released to shall be recorded.

Note: Department-approved snack items and blankets for use by juvenile detainees shall be requisitioned from Police Supply Section, Fiscal Operations Division, and maintained at each Area station and Department facility where juveniles are detained. Snack items shall be discarded upon the manufacturer's labeled expiration date.

Discipline. Discipline of any kind, including withholding any of the above-specified amenities, is not permitted.

Contact and Communication with Adult Arrestees or Other Juveniles. If the applicable contact and communication restriction as detailed in this section cannot be effected or maintained at the facility of initial detention, the juvenile detainee(s) shall be transported to the nearest Department facility where the appropriate restrictions shall be observed during all phases of detention including printing, photographing, booking, and the administration of any chemical test.

Note: The officer supervising the juvenile during a non-secure detention shall check the “Juvenile Separated From Adult Population” box on the Non-secure Juvenile Detention Log, and document his/her name and serial number on the form.

Sight and Sound Separation.  There shall be no communication between juveniles held in secure detention and adult arrestees or inmates. Sight and sound contact with adult arrestees is limited to:

  • Booking;

  • Awaiting visitors or medical treatment;

  • Work release program participants while they are performing work necessary for the operation of the Department facility; and,

  • Movement of persons who are in custody within the facility.

Note: Contact is defined as communications, whether verbal, visual (gang signs), or through continuous immediate physical presence.

When the potential for communication or sight and sound contact with adult arrestees exists, Department employees shall maintain constant side-by-side presence with juveniles held in temporary secure detention.

When a juvenile arrestee is in the same room or area with an adult inmate, including inmate workers, the sworn employees of the Department facility must maintain a side-by-side presence with either the inmate or the juvenile to ensure that no communication or contact occurs.

Note: Separate booking locations for juvenile arrestees are no longer necessary.

Juveniles in custody under Section 602 WIC shall not be allowed to come into sight or sound contact with juveniles in custody under Sections 300 or 601 WIC.

Suicide Risk and Prevention. A juvenile who exhibits excessive agitation, despondency, or other distressed behavior shall be under constant direct supervision by a Department employee. If the juvenile appears to be potentially suicidal, the Mental Evaluation Unit (MEU), Detective Support and Vice Division, shall be immediately contacted for advice. Upon evaluation and approval by MEU personnel, juveniles shall be transported to a contract hospital for medical evaluation. Authorization must be received from a licensed physician at a contract hospital before juveniles can be transported to any County juvenile facility.

Contact and be guided by the Mental Evaluation Unit (MEU) in the event the juvenile appears to suffer from a mental illness and/or is a danger to self, danger to others or gravely disabled.

Note: A gravely disabled minor is defined by Section 5585 WIC as “a minor who, as a result of a mental disorder, is unable to use the elements of life which are essential to health, safety, and development, including food, clothing, and shelter. Developmental disabilities, alcoholism or other drug use, do not by themselves, constitute a mental disorder.”

Use of Physical Restraints on Juveniles. The use of physical restraints on juveniles shall be limited to handcuffs and Department authorized alternative restraints. Restraints shall be employed only as necessary to prevent injuries to juveniles and custodial personnel.

Note: A juvenile who exhibits violent behavior necessitating the use of alternative restraints shall be under continuous in-person observation for evidence of breathing difficulty or other symptoms of physical distress. A juvenile displaying any such symptoms shall be immediately transported to a contract hospital for medical treatment, unless paramedics are present or there is a medical need to keep the juvenile at the location pending the arrival of paramedics.

 

Los Angeles County Unified Arrestee Medical Screening Form, FORM SH-R-422, Completion for Juveniles. Arresting officers shall complete the Los Angeles County Unified Arrestee Medical Screening Form for each juvenile detained on Sections 601 WIC or 602 WIC and the related penal code charge at a County juvenile detention facility (i.e., Eastlake, Los Padrinos and Sylmar Juvenile Halls). It is recommended that arresting officers complete the Los Angeles County Unified Arrestee Medical Screening Form prior to transporting the juvenile to a County detention facility so that any medical or mental health issues can be properly addressed.

Note: Completion of the Los Angeles County Unified Arrestee Medical Screening Form is not necessary if the juvenile is booked on the WIC Section and the related offense, and released to a parent, guardian or Status Offender Detention Alternative (SODA) facility.


Medical Treatment Prior to Detention. Juveniles who are ill or injured shall be examined by a paramedic or a contract hospital physician, as appropriate, prior to transportation to any County juvenile facility. Juveniles who receive medical treatment (MT) and are not hospitalized shall then be transported to a County juvenile detention facility for detention or, if detained only for Section 300 WIC, to a Department of Children's Services facility. Officers shall advise intake personnel of the MT and provide a copy of the MT slip for their records.

When a physician determines that a juvenile must be hospitalized, the juvenile shall be detained in the medical facility recommended by the physician. This location shall be noted on the MT slip.

Juveniles who do not require MT and meet the criteria for detention at a Status Offender Detention Alternative (SODA) home shall be transported by officers directly to the SODA home. However, if juveniles receive MT, they shall be transported to a County juvenile detention facility. The transporting officers shall provide the intake personnel with a copy of the MT slip. If, at a later time, the juvenile detention facility determines that a juvenile is suitable for placement in a SODA home, the Probation Department shall be responsible for transporting him or her to the SODA home.

Note: SODA homes are administered by the Probation Department for non-secure placement of juveniles detained under the authority of 628 WIC.

When the juvenile detention facility clinic recommends hospitalization in the USC Medical Center, transporting officers shall obtain an admittance form from the juvenile detention facility. The officers shall transport the juvenile to the USC Medical Center and provide admittance desk personnel with a copy of the MT slip and admittance form. The juvenile's property and one copy of the Arrest Report, Form 05.02.00, shall be retained at the juvenile detention facility.

Watch Commander’s Responsibility. Watch commanders shall verify, at the beginning of watch and routinely thereafter, the timely and accurate documentation of all temporary juvenile detentions, including those in detective spaces. A new Secure Juvenile Detention Log, Form 09.05.00, and Non-secure Juvenile Detention Log, Form 09.06.00, shall be started at 0001 each day. The watch commander shall sign and document the date and time the inspection and interview was conducted. (The watch commander’s signature indicates that the inspection and interview was completed pursuant to Section 4/216.0 of the Department Manual.)

The watch commander shall document additional information associated with the inspection and interview (e.g., “Completed,” “No Additional Information,” “See Watch Commander’s Daily Report,” etc.), or any other information the watch commander deems necessary.

All logs, including those logs which document no detentions, and shall be forwarded to the concerned commanding officer by the last watch of the 24 hour day.

Ensure that a juvenile with a present medical condition is treated by paramedics or at a contract hospital.

Be guided by MEU in the event the juvenile appears to suffer from a mental illness and/or is a danger to self, danger to others or gravely disabled.

 

Area Detectives and Specialized Division's Responsibility. Area detectives shall document all juvenile detentions on the appropriate juvenile detention log (Secure Juvenile Detention Log, Form 09.05.00, or Non-secure Juvenile Detention Log, Form 09.06.00) maintained by the Area watch commander. Detective personnel shall advise the Area watch commander of all temporary juvenile detainees in their custody.

Note: Area detectives located in off-site or satellite facilities shall use appropriate juvenile detention logs to document juvenile detentions in those facilities, and shall follow the same procedures as outlined in the Watch Commander’s Responsibility paragraph above.

Specialized divisions shall maintain appropriate juvenile detention logs as needed, or as directed by their commanding officers, to document juvenile detentions in their facilities. Juveniles detained at Area stations shall be documented on the appropriate Area detention log.

Commanding Officer’s Responsibility. Commanding officers shall ensure that all temporary juvenile detentions are documented on the Secure Juvenile Detention Log, Form 09.05.00, or the Non-secure Juvenile Detention Log, Form 09.06.00. Pursuant to Section 2071(d)(6) WIC, entries recorded on the Secure Juvenile Detention Log, Form 09.05.00, shall be tallied monthly and entered on the Monthly Report on the Secure Confinement of Minors in Jails/Lock-ups, CYA Form 10.402. Each Area and specialized division commanding officer shall ensure that the CYA Form 10.402 is completed at the end of each month and forwarded to the Administrative Section, Juvenile Division, by the fifth working day of the following month.

218.67 JUVENILE DETAINED AT LOS ANGELES COUNTY ‑ USC MEDICAL CENTER. Officers desiring continued custody of a juvenile in need of hospitalization shall:

  • Cause the subject to be transported to a contract or receiving hospital for examination;

  • When the examining physician recommends that the subject be hospitalized, contact the investigating supervisor for continued custody advice. When the detective division is closed, Detective Support and Vice Division shall be contacted;

  • Obtain booking approval from the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division;

  • When continued custody is approved, obtain two completed copies of the Receiving Hospital Record, Form RH336; and,

  • Cause the subject to be transported to the Los Angeles County‑USC Medical Center. When continued medical observation is not necessary, transport the subject directly to the Jail Ward.

Note: Jail Ward personnel will not receive a male under 16 or a female under 18 without an accompanying Juvenile Court Order. Detective Support and Vice Division personnel are responsible for contacting Intake and Detention Control personnel of the County Probation Department, who will obtain and deliver the order to the Jail Ward. When continued medical observation is necessary, officers shall transport the subject directly to the Main Admitting Room. Officers shall be responsible for ascertaining when the Juvenile Court Order arrives. Upon delivery of the order, the subject shall be moved as soon as possible to the Jail Ward. The custody of the subject shall not be entrusted to hospital personnel other than the Jail Ward booking deputy.

  • Complete a Booking and Identification Record, Form 05.01.00. Obtain a booking number from the Booking and Auxiliary Services Unit, Records and Identification Division. Leave Page 3 of the Form 05.01.00, and one copy of the Receiving Hospital Record, with the booking deputy. Deliver the remaining pages of the Form 05.01.00 to the record clerk at the location where the reports are completed.

  • Receive the subject's property and deliver it to the Intake and Detention Control Unit of Juvenile Hall, 1605 Eastlake. One copy of the Arrest Report shall accompany the property.

  • Complete the necessary reports at the location specified by Detective Support and Vice Division personnel. One copy of the Receiving Hospital Record shall accompany the other reports.

218.68 NOTIFICATION TO THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL - WHEN APPLICABLE. When a minor is taken into custody for violation of laws normally enforced by the Department of Alcoholic Beverage Control, the concerned investigating officer shall forward one copy of the Arrest Report, or "Contact Only" Report, Form 05.02.00, to the Department of Alcoholic Beverage Control. This report shall contain information regarding any licensed premises probably connected with the minor's offense.

218.69 SECURE DETENTION OF MINORS FOR 601 WELFARE AND INSTITUTIONS CODE VIOLATIONS. Section 207 Welfare and Institutions Code (WIC) provides for the secure detention of a minor taken into custody for a violation of Section 601 WIC in the following circumstances:

  • When the arresting officer or probation officer has cause to believe the minor has outstanding wants, warrants, or holds, the minor may be securely detained for up to 12 hours after having been taken into custody.

  • When necessary to locate the minor's parents or guardian, and to arrange the return of the minor to his/her parent or guardian, the minor may be securely detained for up to 24 hours after having been taken into custody.

Exception: The minor may be securely detained for no more than 72 hours after having been taken into custody when the return of the minor cannot reasonably be accomplished within 24 hours due to the distance of the parents or guardian from the County of custody, difficulty in locating the parent or guardian, or difficulty in locating resources necessary to provide for the return of the minor.

After the arresting officer has obtained detention approval, the minor and a copy of the arrest report shall be delivered to the Probation Department.

Exception: When the Area Juvenile Coordinator is unavailable, the arresting officer shall be guided by the advice of Detective Support and Vice Division.

When the Probation Department concurs with secure detention, the minor shall be transported to the designated secure facility.

Note: The Los Angeles County Probation Department has designated Los Padrinos Juvenile Hall, 7285 East Quill Drive, Downey, for secure detention of 601 WIC violators. However, space allocated for 601 WIC detention is, on occasion, needed for 602 WIC detention purposes. Consequently, the Probation Department may deny 601 WIC detentions. When detention is denied at Los Padrinos because of insufficient space, minors shall be placed in Status Offender Detention Alternative (SODA) facilities.

When a minor is taken into custody as a person described in 601 WIC and secure detention of the minor is not required, the minor shall be placed in a SODA facility in conformance with existing procedure.

218.70 RESPONSIBILITY FOR ARREST REPORT - JUVENILE IN CUSTODY. The officer taking a juvenile into custody shall be responsible for the juvenile's booking and the completion of the Arrest Report. The concerned investigating officer shall be responsible for completing the disposition portion of the arrest report.

218.71 PETITION REQUEST FORMAT. An officer completing a petition request shall check the Type Petition Request box on the face of the Arrest Report, and on a Continuation Sheet, Form 15.09.00, entitled "Detective Information,” list:

  • Booking number and DR number;

  • Subjects' names and booking numbers (if multiple arrestees);

AND, when applicable, list the:

  • Charges;

  • Subjects' statements, including responses to the Miranda Admonition;

  • Corrections to original reports; and,

  • Additional investigative information not contained in other reports.

Reports Required. When requesting a petition, collate the reports as follows:

  • Juvenile affidavits as required;

  • Arrest Report face sheet;

  • Investigative Report (IR), if completed in conjunction with the Arrest Report;

  • Detective Information page(s), numbered D‑1, D‑2, etc.;

  • Arrest Report continuation pages;

  • Juvenile Arrest Report (Continuation), and reverse side if used, as the next to the last numbered page(s) of the Arrest Report;

  • Juvenile Automated Index printout as the last numbered page of the Arrest Report;

  • Other related reports, including a IR not completed in conjunction with the arrest; and,

  • District Attorney Witness List.

218.72 FILING OF DETAINED PETITIONS IN COMPANION CASES. An investigating officer handling a juvenile case shall complete a detained petition request on juveniles delivered to Juvenile Hall, regardless of their subsequent release by the Probation Department, when:

  • Two or more of the subjects have been arrested in connection with the same incident;

  • One or more of the subjects remain in temporary custody; and,

  • The juveniles were originally placed in custody by members of this Department.

218.73 JUVENILE CASES - JUVENILE COURT REVIEW. When a Juvenile Court petition has not been returned by the Probation Department within 21 days after delivery to that agency, the Commanding Officer, Juvenile Division, shall be responsible for contacting the concerned division juvenile coordinator or watch commander to determine whether the case merits review by the Juvenile Court.

If the case is to be reviewed by the Juvenile Court, the Commanding Officer, Juvenile Division, shall ensure that one copy of each pertinent report is taken to the judge of the Juvenile Court within 30 days of the original filing.

218.74 APPLICATION FOR PETITION - JUVENILE BOOKED AS AN ADULT. When a juvenile has been booked as an adult because the juvenile misrepresented his age and this misrepresentation materially delayed the investigation, additional time, not to exceed 48 hours, is allowed to complete the investigation and file a petition. The additional time begins when the juvenile's true age has been determined (Manual Section 4/705.62).

218.75 COMPLETION OF ARREST REPORT - JUVENILE IN CUSTODY. An Arrest Report, Form 05.02.00, shall be made whenever a juvenile is booked, except when:

  • A juvenile is booked on a Juvenile Court Detaining Order.

  • A juvenile is booked "Enroute" to another jurisdiction by persons not members of the Department and no further investigation or action is contemplated by the Department.

Note: An Arrest Report, Form 05.02.00, shall be made when a juvenile is booked on a Warrant of Arrest and Order for Return to Custody, which is, in effect, a warrant for a juvenile's apprehension.

A Property Disposition/Update Request, Form 10.06.00, shall be attached to the Form 05.02.00 prior to submission for supervisory approval (Manual Section 4/790.12).

218.78 JUVENILE CUSTODY REPORT. An Arrest Report, Form 05.02.00, and an Arrest Disposition, Form 05.09.00, shall be completed when a juvenile is taken into custody under Section 300 of the Welfare and Institutions Code. A booking number shall be obtained for each juvenile regardless of age. However, the juvenile shall not be fingerprinted or photographed as part of the booking process. Separate prints for investigative purposes only are permissible. A Booking and Identification Record, Form 05.01.00, shall be completed and forwarded to Records and Identification Division.

Note: Completed arrest reports of 300 WIC cases shall be filed separately from other arrest reports.

218.79 NOTIFICATION TO PARENTS - JUVENILE TAKEN INTO CUSTODY UNDER SECTION 300 WELFARE AND INSTITUTIONS CODE. If an officer takes a juvenile into custody under 300 Welfare and Institution Code, the officer shall take immediate steps to notify the juvenile's parent, guardian or a responsible relative that the juvenile is in custody and that the juvenile has been placed in a facility authorized by law to care for the juvenile and provide the juvenile's parent, guardian or a responsible relative with the appropriate Department of Children and Family Services' telephone number. The address of the licensed foster family home shall not be released to the juvenile's parent, guardian or a responsible relative.

218.80 NOTIFICATION TO PARENTS - JUVENILE ARREST. When an officer takes a juvenile arrestee to a place of confinement (i.e., Area station, juvenile detention center, etc.), the officer shall take immediate steps to notify the juvenile’s parent, guardian or responsible relative that the juvenile is in custody and of the location where the juvenile is being held.

Release of Juvenile. If an arrested juvenile is released after booking, the juvenile's parents or legal guardian shall be requested to return with the juvenile for a conference with the investigating officers. The time and place the parent, guardian or responsible relative were requested to appear for the conference shall be indicated on the Juvenile Arrest Supplemental Report, Form 05.02.06.

In addition, the arresting officers shall prepare a Juvenile Notice to Appear, Form 09.03.00, in triplicate, completing all applicable spaces on the form. Upon the arrival of the person to whom the juvenile is to be released, the officer releasing shall provide him/her with a copy of the form after obtaining his/her signature on the form or a refusal to sign. In the event the person refuses to sign, the officer shall write the word "Refused" in the signature space (Manual Section 5/9.3).

Note: When an arrested juvenile under the influence of narcotics or dangerous drugs is to be released to his/her parent, guardian or responsible relative, the officer releasing the juvenile shall inform the parent, guardian or responsible relative that the juvenile is under the influence of dangerous drugs or narcotics and should be carefully observed. If the juvenile does not respond satisfactorily, he/she should be given medical attention without delay.

Detention of Juvenile. If an arrested juvenile is detained after booking, the juvenile's parents, guardian or responsible relative shall be notified and given the location where the juvenile is detained.

218.90 JUVENILE BOOKINGS INVESTIGATOR'S FINAL REPORT, FORM 05.10.00. When a juvenile is booked, the arresting officer shall remove Page 1c of the Form 05.10.00 from the Booking and Identification Record, Form 05.10.00, and attach it to the Arrest Report, Form 05.02.00.

218.95 JUVENILE BOOKINGS - TELETYPE. A juvenile booking teletype shall be sent manually to the Juvenile Records Unit, Records and Identification Division, and Detective Support and Vice Division when DABIS processing is not used to book a juvenile or a person 18 years of age or older is arrested and booked for a crime committed when the arrestee was a juvenile.

219. TRANSIT RELATED CRIME REPORTING PROCEDURES.

219.05 TRANSIT - CRIME DEFINED. A transit-related incident or crime is defined as any reportable public safety incident or crime that occurs within the City limits of Los Angeles which:

  • Occurs on or about any public transit property. This includes any public transportation bus stop, train, or subway station, designated transit parking lot, and train or subway right of way (tracks and tunnels); or,

  • Involves any public transit vehicle. This includes public trains, such as Metrolink and Los Angles County Municipal Transit Authority (LACMTA) Metro Red, Blue, Gold and Green Lines. This also includes LACMTA buses and other municipal bus lines, such as Montebello, Santa Monica, and the Downtown Area Short Hop (DASH) traveling through the City.

Note: Los Angeles County Sheriff’s Department has preliminary and follow-up responsibility for all transit-related policing within the City limits.

Exception: The Department shall continue to handle major crimes (e.g., homicides, sexual assaults, etc.) that occur on transit conveyances, at bus stops, at LACMTA facilities an/or properties.

219.10 INVESTIGATION-RESPONSIBILITY.

Officer’s Responsibility. When it is determined that a crime or incident is transit-related, the reporting officer shall write “Transit Incident” or ”Transit Crime” as the first entry in the report’s modus operandi (MO) box. If the report form does not have an MO box, the words “Transit Incident” or “Transit Crime” shall be written in red in any available space near the top of the form used to report the incident.

When a crime occurs on a bus, the line, number and operator’s name and identification number, if known, shall be listed on the related reports.

When the LACMTA is listed as a victim or as a premise, or is referred to in a crime report, the abbreviation “LACMTA” shall be used.

Booking Approval. Booking approval for all transit-related arrests shall be obtained by one of the 19 Area watch commanders, the Commanding Officer, Area Detective Division, or the watch commander of Jail Division, Metropolitan Section. Officers shall obtain booking advice from the watch commander, Area Detective Division for all transit related felony arrests during normal business hours.

Area Records Unit’s Responsibility.  Upon receiving a report indicating “Transit Incident” or “Transit Crime,” records personnel shall use the Consolidate Crime Analysis Database (CCAD) MO Code 0910 in conjunction with the appropriate premise code. All original reports shall be forwarded to Records and Identification Division.

Area Detective Division’s Responsibility. Upon receiving a felony arrest report or any transit-related crime report, Area Detective Division personnel shall notify the Los Angeles County Sheriff’s Department, Transit Services Division.

220. VEHICLE REPORTING PROCEDURES.

220.10 VEHICLE INVESTIGATION DETERMINATION. Vehicle Report, CHP Form 180 shall be completed to report the following when stolen, lost, recovered, found, or impounded:

  • Motor vehicles (all types)  including:

    • Motorcycles, motor-driven cycles, mopeds, mini-bikes, go-carts, and motor scooters;

    • Off-highway vehicle, including construction equipment, dune buggies, and racing vehicles;

    • Trailers (all types);

    • Separate vehicle motors;

    • Separate vehicle transmissions;

    • Major component vehicle parts;

    • License plates (Except found);

    • Campers; and,

    • Aircraft (all types).

In addition, this form shall be used as an order to release a vehicle impounded with a hold, and as a Garage Report of Release or Sale of an impounded vehicle.

Note: Officers shall continue to report found license plates on the Property Report, Form 10.01.00, as delineated in Manual Section 5/10.01.0.

220.15 LOST OR STOLEN VEHICLE - LICENSE OR IDENTIFICATION NUMBER UNKNOWN. When the license or identification number of a stolen or lost vehicle is unknown, the reporting officer shall complete the report, except for the missing numbers; obtain the reporting person's signature; notify the Automated Vehicle and Property Section (AVPS), Records and Identification Division; and obtain a DR number.

Vehicles Registered in California. The Area records unit processing the report shall send a teletype to DMV, Sacramento, requesting the missing numbers and directing that the reply be sent to the concerned Area records unit and the concerned investigating officers.

The concerned division records unit shall complete and distribute the report when the missing information is received from DMV.

Vehicle Registered Outside California. When the stolen or lost vehicle is registered outside California, the reporting person shall be requested to obtain the unknown numbers and forward that information to the concerned investigating officers. Also, the Area records unit processing the report shall send a teletype inquiry to the DMV in the registering state requesting registration information. Upon receipt of the return teletype, the information shall be forwarded to the concerned investigating officers. The concerned investigating officers shall notify AVPS of the missing information for updating the appropriate automated system.

220.25 REPORT OF SINGLE LOST OR STOLEN LICENSE PLATES. When a single lost or stolen license plate is reported missing, the reporting person shall be advised to immediately remove the remaining license plate from the vehicle, and to surrender it to the Department of Motor Vehicles when replacement plates are obtained.

Note: The reporting employee shall enter the name of the person advised to remove the plate from the vehicle in the narrative of the report.

220.26 ADVISING PERSONS AS TO METHOD OF REPLACEMENT REGARDING LOST OR STOLEN LICENSE PLATES. Persons making reports of lost license plates and inquiring as to the method of replacing them shall be referred to the Department of Motor Vehicles (for release of found license plates, see Manual Section 4/555.70).

220.35 COURTESY STOLEN VEHICLE AND/OR VESSEL REPORTS. When a person wishes to report a vehicle stolen and the location of occurrence is outside the City limits, “Stolen” Vehicle Report, CHP Form 180 may be completed (Manual Section 5/030.05).  When a person wishes to report a vessel stolen and the location of occurrence is outside the City limits, "Stolen" Vessel Report, Form 12.08.00 may be completed.

220.40 VEHICLE AND/OR VESSEL INVESTIGATION COMPLETED IN THE FIELD. When a Vehicle and/or Vessel Investigation is completed in the field, a DR number shall be obtained immediately upon completion of the report. The report shall be retained and submitted for approval at end of watch or on the next routine trip to the station.

220.43 VEHICLE INVESTIGATION - NOTIFICATION REQUIRED. An officer conducting a preliminary investigation of a stolen or recovered truck of five‑ton capacity or larger, a commercial trailer, a tractor cab, or a bulldozer shall immediately telephone all available information to Burglary Special Section, Commercial Crimes Division. When Burglary Special Section personnel are not available, such notification shall be given to Detective Support and Vice Division.

220.45 REPORTING A STOLEN VEHICLE AND/OR VESSEL. When a person wishes to report a vehicle or vessel stolen or lost, the interviewing officer shall conduct a preliminary interview to determine whether circumstances warrant a report.

Stolen Vehicle and/or Vessel Reports Reports. Upon determining that a “Stolen” Vehicle Report, CHP Form 180 and/or “Stolen” Vessel Report should be made, the interviewing officer shall:

  • Check with the Stolen Vehicle System (SVS) through the division record unit, when practicable, or by radio/Mobile Data Terminal (MDT) to determine if the vehicle has been repossessed or impounded.

  • Telephonically determine if the vehicle is at the Official Police Garage serving the Area where the vehicle was parked.

  • If the vehicle has been impounded, the reporting person shall be advised about obtaining the release of the vehicle (Manual Section 4/780.85).

  • Check the Automated Property System (APS) to determine if a moped has been reported stolen in that system.

  • When the reporting person cannot present a registration certificate, verify the license and motor or identification numbers by calling DMV.

  • Complete the report and obtain the reporting person's signature thereon.

  • Obtain a DR number.

Note: In addition to any required Vehicle Report, CHP Form 180, a Investigative Report, Form 03.01.00, shall be completed during the initial investigation of a commercial vehicle theft or hijack when the cargo is the probable object of the theft or hijack.

220.47 REPORTING PROPERTY MISSING FROM RECOVERED VEHICLES. Upon being informed of property missing from a recovered vehicle, employees shall complete a Investigative Report (IR), Form 03.01.00, entitled "PROPERTY MISSING FROM RECOVERED VEHICLE." The Stolen Vehicle DR shall be used on the IR, Form 03.01.00.

220.50 VEHICLE AND/OR VESSEL TAKEN IN A CRIME. Whenever a vehicle and/or vessel is taken in the commission of a crime a "Stolen" Vehicle Report, CHP Form 180, and/or "Stolen" Vessel Report, Form 12.08.00 shall be completed in addition to the appropriate crime report.

Exception: When an officer conducting a preliminary investigation determines that a vehicle has been obtained by use of identity theft or forgery (e.g., counterfeit checks, fraudulent use of credit card, etc.), he/she shall:

  • Complete an IR accompanied by a Forgery /Identity Theft Supplemental, form 03.07.00.

Note: The vehicle and/or vessel information shall not be entered into the Stolen Vehicle System by the officer conducting the preliminary investigation.

If the concerned investigating officer determines that a Vehicle Report, CHP Form 180, and/or Vessel Report, Form 12.08.00 is appropriate, he/she shall use the crime reports DR number and notify the Automated Vehicle and Property Section, Records and Identification Division.

220.52 VEHICLES AND/OR VESSEL STOLEN BY MEANS OF A FRAUDULENT CREDIT APPLICATION. A vehicle and/or vessel stolen by means of a fraudulent credit application must possess the elements of identity theft to constitute a crime (i.e., using someone else’s personal identification, including name, social security number, identification number, etc.) in order to obtain credit. The mere inflation of income constitutes a civil matter and does not meet the elements required for fraudulent credit application investigation.

Preliminary Investigating Officer’s Responsibility. When an officer conducting a preliminary investigation determines that a vehicle and/or vessel has been obtained by use of a fraudulent credit application, the officer shall:

  • Complete an Investigative Report (IR), Form 03.01.00;

  • Complete a Forgery / Identity Theft Supplemental (FIS), Form 03.07.00 and attach it as a page of the IR;

  • Complete a Vehicle Report, CHP Form 180, and/or Vessel Report, Form 12.08.00 titled “Stolen,” containing the elements of the crime in the narrative;

  • Notify Vehicle Information Processing (VIPU) to ensure that the vehicle information is entered into SVS; and,

  • Provide the victim with a Victim’s Supplemental Financial Loss Report, Form 03.05.00 and a copy of the Investigative Report face sheet.  The employee shall complete the shaded area at the top of the Victim’s Supplemental Financial Loss Report, briefly explain its use and leave it with the victim for reporting future loss.

Commercial Crime Division’s Responsibility. Upon receiving an FIS, IR, Stolen Vessel Report and/or Stolen Vehicle report, the detective assigned to Forgery Section shall assume primary follow-up investigation responsibility.  The detective receiving the Victim’s Supplemental Financial Loss Report from a reporting victim shall ensure that the information is legible, complete and accurate before signing the report.

When the Victim’s Supplemental Financial Loss Report is used to report additional financial loss, a separate Follow-up Investigation, Form 03.14.00 is not required.

220.55 STOLEN VEHICLE USED IN THE COMMISSION OF A CRIME. When it is determined that a stolen vehicle used in a crime has not been reported as stolen, a ”Stolen” Vehicle Report, CHP Form 180, shall be completed in addition to the appropriate crime report.

220.60 LOST VEHICLE AND/OR VESSEL REPORTS. When it is believed by the interviewing officer that a vehicle and/or vessel is missing under circumstances that do not warrant the taking of a "stolen" report, he or she shall direct the person to the concerned investigating officer, who shall determine whether a "lost" report should be taken.

Note: Persons appearing at Areas when the investigating officers are not available shall be interviewed by a supervisor responsible for approving the taking of reports.

220.65 CHANGE OF VEHICLE AND/OR VESSEL LOST REPORT TO VEHICLE AND/OR VESSEL STOLEN REPORT. When a vehicle and/or vessel has been reported lost and it is later learned to have been stolen, a Follow‑up Report, Form 03.14.00, shall be made. The Automated Vehicle and Property Section shall be notified of the change in status.

220.70 CHANGE OF VEHICLE AND/OR VESSEL STOLEN REPORT TO UNFOUNDED. When a vehicle and/or vessel is reported stolen but is later determined to be misplaced or legally in the possession of someone other than the reporting person, the officer making such determination shall cause “Rec-Unfounded” Vehicle Report, CHP Form 180, and/or Vessel Report 12.08.00 to be completed and notify the Automated Vehicle and Property Section (AVPS).

Note: When the vehicle and/or vessel is legally in the possession of a repossessor, the officer shall ensure that the repossessor immediately notifies the AVPS.

The investigating officer shall ensure that the owner is aware of the status and location of the vehicle.

220.75 REPOSSESSED VEHICLE. When a repossessor notifies the Automated Vehicle and Property Section that he/she has repossessed a vehicle or boat, the , prior to issuing the DR number, shall verify with the Stolen Vehicle System (SVS) or the Automated Boat System (ABS) that the vehicle or boat has not been reported stolen.

When the vehicle has been reported stolen and a DR number was issued, the AVPS clerk shall:

  • Complete a Change/Cancellation of DR Number, Form 08.45.00, using the original stolen DR number.

  • Remove the stolen data from the SVS or ABS.

  • Enter the repossession data into the SVS or ABS using a new DR number.

  • Distribute copies of the Form 08.45.00 to the following:

    • Integrated Crime and Arrest System (ICARS) Unit, Records and Identification Division.

    • Coding Unit, Information Technology Division.

    • Concerned investigative division.

    • Concerned division record unit.

    • The concerned investigating officers shall notify the registered owner of the corrected status and location of the vehicle.

Note:  The Form 08.45.00 eliminates the need for a recovery/unfounded report.

220.80 REPORTING RECOVERED OR FOUND VEHICLE AND/OR VESSEL. The officer recovering a stolen or lost vehicle and/or vessel shall make telephonic notification to the Automated Vehicle and Property Section, Records and Identification Division.

Recovered Vehicle and/or vessel in Possession of Owner or Owner's Agent. When an officer has a signed Vehicle Report, CHP Form 180, on a recovered vehicle or Vessel Report, Form 12.08.00 on a recovered vessel which is in possession of the owner or owner's agent, he/she shall, immediately notify the Communications Division control operator of the recovery and Automated Vehicle and Property Section, as soon as possible.

Upon receiving this notification, the control operator shall, without delay, broadcast a cancellation of the want on the vehicle.

220.85 PLACING HOLD ON IMPOUNDED VEHICLE AND/OR VESSEL. When circumstances require that a vehicle and/or vessel be held for investigation, the impounding employee shall:

  • Caution the tow truck operator if there is danger of destroying evidence;

  • Place a hold for the appropriate investigative unit by entering information in the proper space on the Vehicle Report, CHP Form 180 and/or the Vessel Report, Form 12.08.00;

Note: Do Not hold for Burglary Auto‑Theft Section unless specifically requested. Hold for Area detectives.

  • In the "Not Available for Release" space of the Vehicle Impound Notice, Form 15.23.00, indicate the responsible investigative unit, and the anticipated date of release (normally two business days);

  • If practicable, telephonically notify the responsible investigative unit of the hold. If telephonic notification cannot be made at the time of impound, that fact shall be recorded on the Vehicle and/or vessel Investigation, and the Area Vehicle Control Clerk shall make such notification during the next business day; and,

  • If a vehicle and/or vessel wanted for investigation cannot be impounded under authority of the Vehicle Code, contact the investigating officer of the concerned unit for advice.

220.90 MOTOR OR OTHER IDENTIFYING NUMBER. An employee shall, at the scene examine and record on appropriate reports, the Vehicle Identification Number (VIN), and if possible, the motor number, or the number stamped on the frame. Number locations may be obtained from:

  • Area investigating officers;

  • Burglary Special Section, Commercial Crimes Division; or,

  • Detective Support and Vice Division.

Any indication that a number has been altered shall be reported on the Vehicle Report, CHP Form 180, and/or the Vessel Report, Form 12.08.00 the vehicle and/or vessel shall be impounded, and a hold shall be placed on the vehicle and/or vessel for the Area investigating officer, not Burglary Special Section, Commercial Crimes Division. During normal business hours the Area investigating officer shall be notified telephonically (see also Conveyances Subject to Seizure, Manual Section 4/222.16.)

Prior to impounding any vehicle and/or vessel, the employee shall check the vehicle identification number and license number through the Stolen Vehicle System (SVS) or Automated Boat System (ABS). Prior to submitting the Vehicle Report, CHP Form 180, and/or the Vessel Report, Form 12.08.00 for approval, an SVS teletype shall be attached for retention in the Area.

220.95 REPORTING OF PRIVATE‑PERSON IMPOUNDED VEHICLE. When a private person notifies the Department that he/she intends to cause the removal of a vehicle from private property pursuant to Section 22658 V.C., the employee receiving the notification shall transfer the call to the Automated Vehicle and Property Section, Records and Identification Division. Any written notices received by the Department shall be forwarded to the Automated Vehicle and Property Section.

221. FIELD RELEASING VEHICLES.

221.10 RELEASING RECOVERED STOLEN VEHICLES AND/OR VESSEL. When feasible, a recovered stolen vehicle and/or vessel which does not require a hold shall be released to the owner (or the owner's agent) without impounding.

Determining Feasibility. Officers who recover a vehicle and/or vessel which appears to be available for field release shall immediately contact a supervisor. The supervisor shall determine the feasibility of making a field release based on the following factors:

  • The practicability of immediately contacting the owner (e.g., availability of owner's telephone number, local dialing area); and,

  • The time required for the owner to arrive at the recovery location; and,

  • The owner's willingness to receive the vehicle; and,

  • The current unit call load and need for police service.

Signature on Recovery Report. After verification of identity, the employee shall obtain the signature of the person receiving the vehicle and/or vessel in the "Person Reporting" box on the Recovery Report.

Victim's Report Memo. The person receiving the vehicle and/or vessel shall be given a completed Victim's Report Memo, Form 03.17.00, and shall be advised of the necessity for caution if stopped by a police unit.

Recovered Vehicle Broadcast. The employee shall immediately notify Communications Division of the release of the vehicle and/or vessel. The operator shall, without delay, broadcast a cancellation of the want on the vehicle and/or vessel.

Notification to Automated Vehicle and Property Section. The employee shall telephonically notify the Automated Vehicle and Property Section of the recovery as soon as practicable.

Latent Prints. When there is information or evidence regarding a possible suspect, consideration must be given to the desirability of attempting to lift fingerprints prior to releasing the vehicle and/or vessel.

Special Instruction. The recovering employee shall not leave the vehicle and/or vessel unattended except under unusual or emergency conditions. To preclude removal of the vehicle and/or vessel during the employee's unanticipated absence, upon initial contact the owner shall be instructed not to remove the vehicle and/or vessel if the employee is not at the scene.

221.20 FOUND VEHICLES. A found vehicle normally shall not be impounded.

Notifications. An employee discovering a vehicle which is reported lost and which does not appear to have been stolen or used in a crime shall:

  • Complete a “Found” Vehicle Report, CHP Form 180;

  • Notify the Automated Vehicle and Property Section, Records and Identification Division;

  • If practicable, notify the reporting person of the vehicle's location. Indicate date, time, and person notified in the narrative portion of the "Found" Report; and,

  • If the employee discovering a lost vehicle is unable to notify the owner or person reporting the lost vehicle, he/she shall note in the Vehicle Report, CHP Form 180, that a notification has not been made. The notification shall then be the responsibility of the investigating officer.

222. IMPOUNDING VEHICLES.

 

222.05 COMMUNITY CARETAKING DOCTRINE AND THE VEHICLE IMPOUND PROCEDURES.

 

COMMUNITY CARETAKING DOCTRINE OVERVIEW.  Officers shall be guided by the Community Caretaking Doctrine and the procedures set forth in this Order when deciding whether to impound a vehicle driven by an unlicensed driver, or a driver with a suspended or revoked license.  The courts have ruled that this doctrine allows officers to impound a vehicle when doing so serves a community caretaking function.  An impoundment based on the Community Caretaking Doctrine is likely warranted: 

·    When the vehicle is impeding traffic or jeopardizing public safety and convenience, such as when a vehicle is disabled following a traffic collision;

·    When the vehicle is blocking a driveway or crosswalk or otherwise preventing the efficient movement of traffic (e.g., vehicle, pedestrian, bicycle;

·    When the location of the stopped vehicle may create a public safety hazard (e.g., vehicle, pedestrian, bicyclist);

·    When the location of the vehicle, if left at the location, may make it a target for vandalism or theft; or,

·    To prevent the immediate and continued unlawful operation of the vehicle (e.g., licensed driver not immediately available).

The totality of circumstances, including the factors listed above, should be considered when deciding whether impoundment is reasonable under the Community Caretaking Doctrine and the Fourth Amendment.  The decision to impound any vehicle must be reasonable and in furtherance of public safety.

 

UNLICENSED DRIVER AND DRIVER WITH A SUSPENDED/REVOKED LICENSE IMPOUND AUTHORITIES.

 

Unlicensed Driver – No Priors.  Section 22651(p) VC shall be used as the impound authority for all vehicles being impounded when it has been determined that the driver was involved in the following and the officer issues a Traffic Notice to Appear citation, Form 04.50.00: 

·    Driving without a valid California Driver's License (unless the driver is a nonresident with a valid license or otherwise exempt under the Vehicle Code); or,

·    Driving with an expired, withheld, or out-of-class California Driver's License.

Officers shall release the vehicle in lieu of impound provided all of the following conditions are met:  

·    The registered owner or his/her designee has a valid California Driver's License or is a nonresident with a valid license or otherwise exempt under the Vehicle Code;

·    The registered owner and licensed driver are immediately available;

·    The registered owner authorizes the licensed driver to drive the vehicle; and,

·    The vehicle's registration is not expired over six (6) months.

 

Note:  If the traffic stop is conducted in the registered owner’s residential driveway or a legal parking space in the immediate vicinity of the owner’s residence, impounding the vehicle would not be appropriate. However, if the traffic stop is conducted in the driver’s residential driveway or in the immediate vicinity of the driver’s residence but the driver is not the registered owner, officers must consider the totality of the circumstances to determine if impoundment is reasonable.    

The name and driver’s license number of the licensed driver that the vehicle is being released to shall be documented in the narrative portion of the Traffic Notice to Appear that is issued to the unlicensed driver.  If it is determined that the registered owner knowingly allowed an unlicensed driver to operate the vehicle, he or she may be cited for Section 14604(a) VC, “Non-Owner Driver of Vehicle.” 

 

When the vehicle cannot be released to a licensed driver, the vehicle shall be impounded pursuant to Section 22651(p) VC or, if the vehicle’s registration is expired over six (6) months, pursuant to Section 22651(o) VC, to prevent the immediate and continued unlawful operation as warranted under the Community Caretaking Doctrine.  The Official Police Garage (OPG) tow should be requested when it is determined that the vehicle cannot be released.

 

Note:  If it is determined that the vehicle will be impounded, use impound authority Section 14602.6(a)(1) VC (30-Day Hold) if all of the following conditions are met:

·      The driver has never been issued a driver’s license by any jurisdiction (foreign or domestic); and,

·      The driver is unable to show proof of insurance or at-fault in the traffic collision or lacks proof of identification.

The reason to impound the vehicle shall not be based on whether the vehicle is properly insured.

 

Unlicensed Driver - With Prior(s).  Section 14602.6(a)(1) VC (30-Day Hold) shall be used as the impound authority when it has been determined that the driver has never been issued a driver’s license by any jurisdiction (foreign or domestic) and has a prior misdemeanor conviction, failure to appear, or warrant for Section 12500(a) VC. 

 

Note: Section 22651(p) VC shall always be used as the impound authority if it has been determined that the driver has an expired, withheld or out of class driver’s license and has a prior misdemeanor conviction, failure to appear, or warrant for 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5 VC.

 

If the driver is the registered owner and has a prior misdemeanor conviction:  Officers shall document in the “Remarks” or “Narrative” section of the impound Vehicle Report, CHP 180 form, that the vehicle is eligible for vehicle forfeiture as delineated in Section 14607.6 VC, except if the driver’s license expired within the preceding 30 days, then no such notation shall be made.  

 

Driver with Suspended/Revoked License – No Priors.  Section 14602.6(a)(1) VC (30-Day Hold) shall be used as the impound authority for all vehicles being impounded when it has been determined that the driver was involved in any of the following: 

·    Driving with a suspended or revoked license; or,

·    Driving with a restricted license pursuant to Sections 13352 or 23575 VC, and the vehicle is not equipped with a functioning, certified interlock device.

Officers shall release the vehicle in lieu of impound provided all of the following conditions are met: 

·    The registered owner or his/her designee has a valid California Driver’s License or is a nonresident with a valid license or is otherwise  

      exempt under the Vehicle Code;

·    The registered owner and licensed driver are immediately available;

·    The registered owner authorizes the licensed driver to drive the vehicle; and,

·    The vehicle's registration is not expired over six (6) months.

Note:  If the traffic stop is conducted in the registered owner's residential driveway or a legal parking space in the immediate vicinity of the owner’s residence, impounding the vehicle would not be appropriate.  However, if the traffic stop is conducted in the driver’s residential driveway or in the immediate vicinity of the driver's residence but the driver is not the registered owner, officers must consider the totality of the circumstances to determine if impoundment is reasonable. 

 

Officers impounding a vehicle under Section 14602.6(a)(1) VC shall either effect a custodial arrest of the driver or issue a Traffic Notice to Appear citation in the field.  Vehicles impounded under this Section shall be impounded for 30 days, unless earlier release is authorized by the Area Auto detectives in accordance with Section 14602.6 VC.

 

The name and driver's license number of the licensed driver that the vehicle is being released to shall be documented in the narrative portion of the Traffic Notice to Appear that is issued to the unlicensed driver.  If it is determined that the registered owner knowingly allowed an unlicensed driver to operate the vehicle, he or she may be cited for Section 14604(a) VC, “Non-Owner Driver of Vehicle.” 

 

Driver with Suspended/Revoked License – With Prior(s).  Section 14602.6(a)(1) VC (30-Day Hold) shall be used as the impound authority for all vehicles being impounded when it has been determined that the suspended/revoked/restricted violator has a prior misdemeanor conviction, failure to appear, or warrant for Sections 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5 VC.

 

Note:  If the driver is the registered owner and has a prior misdemeanor conviction:  Officers shall document in the “Remarks” or “Narrative” section of the impound Vehicle Report, that the vehicle is eligible for vehicle forfeiture as delineated in Section 14607.6 VC.

 

MISCELLANEOUS IMPOUNDS.

 

Impounding Vehicles Driven by Habitual Driving Under the Influence Offenders.  Section 14602.8(a)(1) VC authorizes an officer to impound a vehicle from a driver when it is determined that a person has been convicted of Section 23140 VC, Juvenile Driving Under the Influence of Alcohol; 23152 VC, Driving Under the Influence of Drugs or Alcohol; or 23153 VC, Causing Bodily Injury While Driving Under the Influence of Drugs or Alcohol, within the past 10 years and one or more of the following circumstances applies. 

 

The officer shall immediately cause the removal and seizure of the vehicle that such a person was driving, under either of the following circumstances: 

·    The person was driving a vehicle with a blood alcohol content of 0.10 percent or more; or,

·    The person driving the vehicle refused to submit to or complete a chemical test.

A vehicle impounded pursuant to the aforementioned section shall be impounded for one of the following time periods: 

·    5 Days – If the person has been convicted once for violating Sections 23140, 23152 or 23153 VC, and the violation occurred within the preceding

     10 years; or,

·   15 Days – If the person has been convicted two or more times for violating Sections 23140, 23152 or 23153 VC or any combination thereof, and

     the violations occurred within the preceding 10 years.

The vehicle shall be released to the registered owner or his or her designee prior to the end of the impoundment period only under conditions set forth in Section 14602.8(d) VC.

 

Citing or Arresting Unlicensed Drivers at Traffic Collision Scenes and Related Vehicle Impounds.  For an unlicensed driver or driver with a suspended/revoked license at traffic collision scenes, the appropriate impound authority or release-at-scene protocol shall be utilized in accordance with Section II in this Order.

 

A driver involved in a traffic collision may be cited or placed under custodial arrest when the officer determines that the involved vehicle was operated by an unlicensed driver or a driver whose driving privilege was suspended or revoked.

 

The officer’s determination shall be based upon witnesses’ statements, a driver’s admission and/or physical evidence.  The related impound Vehicle Report shall contain the following: 

·         A full narrative listing all of the information/elements to establish the driver’s offense; and,

·         Names, addresses, telephone numbers and statements of witnesses that can establish the driver operating the vehicle.

If the traffic collision results in injuries, officers shall complete the Traffic Collision Report, CHP 555 form.  However, if the traffic collision does not result in injuries and one of the parties is unlicensed, a Traffic Collision Report shall not be completed.  The officer shall ensure an exchange of information is completed between the involved parties.  Officers shall issue a Traffic Notice to Appear citation to the unlicensed driver and document the name, address and telephone number of the witnessing party or parties on the back of the “Golden Rod” copy of the issuing officer’s Traffic Notice to Appear citation.

 

If the violator challenges the citation during a subsequent court proceeding, the issuing officer shall be responsible for contacting the witnessing parties and requesting their attendance in court.

 

When the unlicensed driver does not possess valid identification, officers shall advise the other involved party of the option to effect a private person’s arrest.  When a private person’s arrest is made, officers shall indicate a charge of Section 12500(a) VC or 14601(a) VC, or other appropriate VC section(s) for driving when the privilege is suspended or revoked.  

 

Impounding Vehicles at Driving Under the Influence Checkpoints.  The following procedures apply if the driver’s only offense is a violation of Section 12500 VC, even if the driver has a prior misdemeanor conviction, failure to appear, or warrant for 12500 VC.  Officers shall make a reasonable attempt to identify the registered owner of the vehicle driven by an unlicensed driver.  When the registered owner is present or able to respond to the scene prior to the conclusion of the DUI checkpoint operation, or the officer is able, without delay, to identify the registered owner and obtain his/her authorization to release the vehicle to a licensed driver at the scene, the vehicle shall be released to either the registered owner or the authorized licensed driver provided the following conditions are met: 

·    The registered owner or his/her designee has a valid California Driver’s License or is a nonresident with a valid license or is otherwise exempt under the Vehicle Code; and,

·    The registered owner authorizes the licensed driver to drive the vehicle.

The name and driver’s license number of the licensed driver the vehicle is being released to shall be documented in the narrative portion of the Traffic Notice to Appear citation issued to the violator.

 

When the vehicle cannot be released to the registered owner or his or her designee, officers shall impound the vehicle under the authority of Section 22651(p) VC.

 

When the violator has a suspended or revoked driver’s license, officers shall impound or release the vehicle as outlined in Section II “Unlicensed and Suspended/Revoked Driver Impound Authorities” of this Order. 

 

Impounding Vehicles When the Driver is Arrested.  Section 22651(h)(1) VC authorizes an officer to impound a vehicle from a driver who has been arrested and taken into physical custody.  However, as noted in Section I of this Order, officers must also determine if the totality of the circumstances supports impoundment of the vehicle under the Community Caretaking Doctrine.

 

When a driver is arrested, the vehicle should not be impounded under the following circumstances: 

·    If the arrestee is the registered owner and the vehicle is parked in the arrestee’s residential driveway or a legal parking space in the immediate vicinity of the arrestee’s residence;

·    If the vehicle is parked in a legal parking space where it is not posing a traffic hazard and is not likely to be a target of vandalism or theft; or,

·    If a licensed passenger is present and not impaired or otherwise unable to lawfully operate the vehicle and is given permission by the registered owner.

Note:  In situations other than those above, when community caretaking warrants impoundment, Section 22651(h)(1) VC shall be used as the impound authority.  If the driver arrested has prior DUI convictions, officers shall be guided by Section 14602.8(a)(1) VC.

 

222.10 RESPONSIBILITY FOR ARRESTEE'S VEHICLE. Arresting officers shall be responsible for the reasonable care of a vehicle in the immediate physical possession of the arrestee.

Note: Outside agency officers shall care for the arrestee's vehicle when they are responsible for completing the investigation.

222.15 IMPOUNDING VEHICLE INVOLVED IN AN ACCIDENT. Employees shall impound a vehicle involved in a traffic collision when:

  • The vehicle is on a traffic way, cannot readily be moved, and is obstructing traffic; and,

  • The driver of the vehicle is injured to the extent that he/she is unable to care for the vehicle or   provide for its care.

It is the responsibility of the tow truck operator to remove all broken glass and other debris from the street at the scene of the accident.

222.16 IMPOUNDING CONVEYANCES USED IN DRUG TRAFFICKING. Officers impounding conveyances in accordance with Section 11470 Health and Safety Code (H&S)(1) shall:

  • Obtain impound and storage approval from the Forfeiture Coordinator, Gang and Narcotics Division, or Detective Support and Vice Division;

  • Hold the conveyance for Gang and Narcotics Division;

  • Indicate in the "Not Available for Release" space of the Vehicle Impound Notice, Form 15.23.00, the phone number of Gang and Narcotics Division;

  • Indicate in the "Vehicle Release Order" portion of the Vehicle Report, CHP Form 180, "Release to Gang and Narcotics Division Only";

  • Accurately describe in the Arrest Report, Form 05.02.00, the conveyance, its involvement in the case, and its disposition; and,

  • Forward copies of all related reports to the Forfeiture Coordinator, Gang and Narcotics Division.

Conveyances Subject to Seizure. Section 11470 of the Health and Safety Code allows officers to seize certain involved conveyances pending forfeiture proceedings if the conveyances are used in the possession or transportation of a controlled substance for sale and the owners or operators are arrested for 11351, 11352, 11355, 11359, 11360, 11378, 11379, or 11382 Health and Safety Code, or if an attempt is made to arrest the owner or operators on these charges. This option is limited to those cases involving the below described conveyances:

  • Any two‑axle vehicle;

  • Any motorcycle or motor‑driven cycle;

  • Any three‑axle house car;

  • A tractor trailer vehicle;

  • A heavy duty vehicle, (i.e., three‑axle truck or privately owned bus over 6,000 pounds gross weight);

  • Any airplane; and,

  • Any boat or ship.

Note: Implements of husbandry and common carriers are not subject to forfeiture.

222.18 IMPOUNDING VEHICLES PURSUANT TO VEHICLE CODE SECTION 22651(o) OR (p) - OFFICER RESPONSIBILITY. In addition to completing all necessary reports and notifications, an officer who causes the impound of a vehicle under authority of Section 22651(o) or (p) VC shall place a "HOLD" on the vehicle for the concerned Area Vehicle Coordinator.

222.19 IMPOUNDING VEHICLES PURSUANT TO LAMC SECTION 80.73.2 AS AUTHORIZED BY VEHICLE CODE SECTION 22561(k) OF THE CALIFORNIA VEHICLE CODE. If a vehicle remains parked in the same location and the chalk marks remain unchanged for 72 consecutive hours or longer, officers who choose to impound the vehicle shall:

  • Issue the vehicle a parking citation for violation of LAMC Section 80.73.2;

  • Impound the vehicle as authorized by 22651(k) of the California Vehicle Code;

  • Record the information detailing the location of the chalk marks and tire valve stems (mentioned above) in the narrative portion of the Vehicle Impound Report;

  • Record the date and time the vehicle’s tires were originally marked with chalk along with the date and time the tire valve stem positions were originally observed, in the narrative section of the Vehicle Impound Report.

Note: If the officer citing and impounding the vehicle is different from the officer that originally observed and marked the tires of the vehicle, the impounding officer shall include the name and serial number of the officer making the initial observations in the narrative of the impound report.

 

222.20 ILLEGALLY PARKED VEHICLE. An employee may impound an illegally parked vehicle when it:

  • Obstructs the normal movement of traffic;

  • Is left standing upon a street or highway; and,

  • Is impracticable to move the vehicle to a legal parking space in the near vicinity. A police vehicle shall not be used to move an illegally parked vehicle except as provided in Manual Section 4/223.40.

A citation shall be issued when an illegally parked vehicle is impounded or moved.

222.25 SPECIAL EVENTS. Instructions for impounding illegally parked vehicles in the vicinity of a special event shall be given prior to the event.

222.30 VEHICLE INVOLVED IN NATIONAL FIRE ARMS ACT INVESTIGATION. A vehicle in which there has been transported, or in which there is found an illegal weapon as defined by the National Firearms Act, shall be impounded in conjunction with a lawful arrest and held for Detective Support  and Vice Division. A teletype shall be sent to Detective Support and Vice Division containing the following information:

  • Reason for placing hold;

  • The name, booking number, and charge of arrestee;

  • Year, make, model, and license number of the impounded vehicle; and,

  • DR number of the Vehicle Report.

Detective Support and Vice Division shall coordinate the release of the vehicle to the Bureau of Alcohol, Tobacco and Firearms (ATF), U.S. Treasury Department.

222.35 ABANDONED VEHICLES. Generally, all requests for the removal of abandoned vehicles should be forwarded to the Department of Transportation.  However, should officers choose to take enforcement action, they shall:

  • Mark the vehicle’s tires with chalk;

  • Mark the pavement around the vehicle’s tires with chalk;

  • Indicate the location of the valve stems of the tires as they relate to a clock face, (i.e., left front tire valve at 2 O’clock, right rear tire valve at 6 O’clock); and,

  • Ensure this information is later documented in the narrative section of the Vehicle Impound Report CHP 180 Form.

Note: Pre-impound hearings are no longer required.

222.38 ABANDONED VEHICLES WITH ALTERED IDENTIFICATION NUMBERS. When the identification number(s) on an impounded abandoned vehicle are missing, have been altered, or do not correspond with those on file with the Department of Motor Vehicles, Vehicle Report, CHP Form 180, shall be completed and a hold placed on the vehicle.

Investigators in the Area where the vehicle has been impounded shall be responsible for the investigation of the vehicle and its disposition.

222.40 REMOVAL OF DISMANTLED VEHICLES. The Bureau of Street Maintenance is responsible for removing a dismantled vehicle from public property when the vehicle lacks evidence of registration or an identification number. The commanding officer of the concerned Area shall request its removal by forwarding a letter, in triplicate, to the Department of Transportation.

The letter shall contain the following information:

  • Location of the vehicle;

  • Extent of dismantling;

  • Estimated length of time abandoned;

  • Names and addresses of witnesses interviewed in attempting to locate the owner; and,

  • Statement regarding lack of evidence of registration or identification.

222.42 REMOVAL OF MAJOR COMPONENT VEHICLE PARTS.

Impounding Officer’s Responsibility. Generally, officers should not remove vehicle parts in the field. When an officer determines that a vehicle has a part with an altered or removed vehicle identification number, or has stolen parts attached which require removal, the officer shall comply with Section 4/220.90 of the Department Manual.

Note: If the officer recovers a major component part only (e.g., recovered engine), the officer shall obtain tow service as outlined in Manual Section 4/223.10. When practicable, the officer may transport the major vehicle component to an Official Police Garage (OPG) for storage. The impoundment of major component vehicle parts shall be reported on the Vehicle Report, CHP Form 180.

Detective’s Responsibility. When a detective determines that an impounded vehicle has a vehicle part with an altered or removed vehicle identification number, or has stolen parts attached which require removal the detective shall:

  • List the parts to be removed and the reason for removal on the Vehicle Report, CHP Form 180;

Note:  Non-matching serialized parts which are stolen or have an altered or removed vehicle identification number require a separate report and DR and shall be stored at an Official Police Garage (OPG).

Exception:  Non-matching serialized parts may be listed on one report if recovered at the same time and location. Employees shall obtain a general DR for the non-serialized parts and note where the property is stored in the narrative of the report.

  • Request that the concerned detective commanding officer prepare correspondence on Department letterhead identifying the parts to be removed and directing the OPG storing the vehicle to remove and store the identified parts;

  • Request that the concerned OPG forward an invoice, listing the parts removed, to the concerned detective commanding officer;

  • Request that the concerned detective commanding officer prepare an Intradepartmental Correspondence, Form 15.02.00, requesting Fiscal Operations Division to remit payment to the OPG;

  • Forward the original OPG invoice and the request for payment (Intradepartmental Correspondence, Form 15.02.00) to Fiscal Operations Division; and,

  • Authorize the release of the recovered parts as soon as practicable (Manual Section 4/550).

Note: The detective commanding officer shall ensure that the concerned Detective III audits vehicle parts stored at OPG facilities every 30 days to ensure timely disposition of such parts.

222.50 NOTIFICATION TO OWNER OF IMPOUNDED VEHICLE.

Impounding Employee Responsibility. Any member of this Department impounding a vehicle shall cause notification to be made to the registered and legal owners of record within 48 hours of the impound. Notification shall be made by mailing or personally delivering a Notice of Stored/Impounded Vehicle, Form 15.23.00, immediately following approval of the Vehicle Report, CHP Form 180.

Exception: The new notification procedures do not apply to vehicles impounded for investigation by authority of Section 22655 V.C. (Hit and Run vehicle impounded for investigation), vehicles removed from private property by authority of 22658 V.C., or vehicles seized for forfeiture (Manual Section 4/222.16). Procedures for impounding vehicles by authority of the above sections remain unchanged.

Obtaining Information. Owner information is available through SVS, Department records, or records in the vehicle. If complete owner information is unavailable from these sources, the impounding employee shall cause a teletype request to be sent to the Department of Motor Vehicles, Sacramento, or, for a vehicle registered out of state, a teletype request through the National Law Enforcement Telecommunications System.

Upon receipt of the return teletype, the supervisor approving the Vehicle Investigation shall ensure that the information is entered and that any appropriate notices are mailed. If the return teletype is not received by the end of the business day following the impound, the report shall be forwarded to the Area Vehicle Control Clerk who shall obtain the information, complete the report processing, and make appropriate notifications.

Notification by Mail. Notification by mail shall be accomplished as follows:

  • Abandoned Vehicles-$200 or Less. If an abandoned vehicle is appraised at two hundred dollars or less, the impounding employee shall cause a Notice of Stored Impounded Vehicle, Form 15.23.00, and all required notifications related to post‑storage vehicle impound hearings (Manual Section 4/226.05) to be mailed to the present, legal, and registered owners.

  • Other Impounded Vehicles. The impounding employee shall cause a Notice of Impounded Vehicle, Form 15.23.00, and all required notifications related to post‑storage vehicle impound hearings (Manual Section 4/226.05) to be sent to the present, registered, and legal owners and, if the vehicle, was reported stolen, the person reporting.

Note: When a vehicle is impounded as a result of the driver's arrest, "22651 (h) V.C.," (NOT "driver arrested") shall be entered as the reason for impound. (See also Conveyances Subject to Seizure, Manual Section 4/222.16.)

Telephonic Notifications.

No Hold. When no hold is placed on the vehicle, the present owner, in addition to being notified by mail, shall, when practicable within the local or ATSS dialing area, be notified telephonically by the impounding employee. Such notification, or the reason for not notifying, shall be documented on the bottom line of the "Narrative" section of the Vehicle Investigation.

Holds. When a hold is placed on an impounded vehicle, the impounding employee shall not telephonically notify the owner or reporting party. (In these instances, telephonic notification is the responsibility of the Area Vehicle Control Clerk).

222.51 VEHICLE IMPOUND NOTICE.

Officer’s Responsibility. An officer impounding a motor vehicle pursuant to Section 22651 (o) or (p) of the California Vehicle Code shall complete and serve a copy of the Vehicle Impound Notice, Form 16.27.6, to the driver of the vehicle. Officers shall attach the original Vehicle Impound Notice to the Vehicle Report, CHP Form 180. Additionally, the officer shall inform the driver of the vehicle that:

  • The vehicle will only be released at the specified police facility and will not be released in the field;

  • The vehicle will be released at the specified police facility and only to the registered owner or a notarized agent;

  • To obtain a release for the vehicle, a valid driver license and current vehicle registration must be produced at the time of release;

  • The registered owner or notarized agent must appear in person with the above documents at the specified police facility indicated on the reverse side of the Vehicle Impound Notice.

Note: If at the time of requesting a vehicle release at the specified police facility the vehicle registered owner is unlicensed but is accompanied by a licensed driver, the registered owner must produce a valid form of identification with photo to obtain the vehicle. Examples of acceptable forms of identification include, but are not limited to:

  • California Identification Card;

  • Valid out-of-state identification card with a picture;

  • Federal immigration card (green);

  • Department of Justice identification card; and,

  • Passport with photo.

Area Records Unit’s Responsibility. Area records unit personnel shall ensure that a copy of the Vehicle Impound Notice, Form 16.27.6 is attached to each copy of the Vehicle Report, CHP Form 180.

222.55 FINGERPRINTS ON IMPOUNDED VEHICLE AND/OR VESSEL. When a vehicle and/or vessel is held for prints (Manual Section 4/220.85), the impounding officer shall:

  • Notify by telephone the Latent Print Section, Scientific Investigation Division, or the Valley Section, Scientific Investigation Division, if the vehicle was impounded in a Valley Area; and,

  • Place in the Vehicle Report, CHP Form 180, and/or the Vessel Report, Form 12.08.00 the name, serial number, and division of assignment of the person notified that the vehicle and/or vessel is held for prints.

222.59 INVENTORY OF PROPERTY FROM VEHICLES TAKEN INTO LAWFUL POLICE CUSTODY.

Officers shall inventory the contents of all vehicles that are taken into lawful police custody.

A vehicle inventory is not intended to be a search for items of evidence, but is intended to identify and list all property that is contained within the vehicle being taken into lawful police custody.

The inventory shall include property contained within the vehicle’s passenger compartment, glove compartment, console, trunk, and any other compartment or box that may contain property. All property located in these areas shall be listed in the “Remarks” section of the CHP Form 180.

All unlocked containers found in the vehicle shall be opened and their contents listed in the “Remarks” section on the CHP Form 180.

Exception: If the glove compartment, console, trunk, or unsecured container is locked, and there is no key or mechanical/electrical mechanism to open that area of the vehicle, officers shall not force entry into the locked area to inventory its contents. However, officers shall note that the particular area or item in the vehicle was locked, with no means to open it, in the “Remarks” section of the CHP Form 180.

Note: Items of contraband or evidence, which are discovered during the inventory, shall be seized and booked as outlined in the Manual (4/501-590.10) and detailed in corresponding reports.

The supervisor reviewing and approving the CHP Form 180 shall ensure that officers have inventoried and documented all property discovered during the vehicle inventory search.

222.60 PROPERTY IN A VEHICLE AND/OR VESSEL TAKEN INTO POLICE CUSTODY. When a vehicle and/or vessel is taken into police custody, the following items shall be removed and booked in accordance with established procedures:

  • All property of evidential value;

  • Property that is estimated by the employee to have a market value of more than $50 per item or a total value of more than $100 when these items cannot be locked in the driver's compartment, glove box, or trunk;

  • All money; and,

  • Any item declared to be of value by the person in apparent lawful control of the vehicle and/or vessel if the person insists.

All property which is left in an impounded vehicle and/or vessel shall be listed on the Vehicle Report, CHP Form 180 and/or the Vessel Report, Form 12.08.00.

Los Angeles Department of Transportation (LADOT) employees shall be permitted to book property removed from impounded vehicles and/or vessel into the Department's property system under the following condition:

  • Property estimated by the employee to have a market value of more that $50 per item or to have a total value of more than $100; and,

  • The items cannot be secured in the driver's compartment, glove box, or trunk.

The LADOT employee shall be responsible for the completion of the property report and the proper packaging of the item(s) to be booked.

Note: Items deemed to be of evidentiary value shall be booked by a sworn employee.

222.61 PROPERTY IN A VEHICLE TO BE LEFT PARKED. When a vehicle is left legally parked at the scene of a police investigation, the following items shall be removed and booked in accordance with established procedures:

  • All property of evidential value, whether in plain sight or found as a result of a legal search;

  • Property that is estimated by the employee to have a market value of more than $50 per item or a total value of more than $100 when these items cannot be locked in the driver's compartment, glove box, or trunk;

  • Any items of evidential value in the trunk or glove box of the vehicle that come into the sight of employees securing property from the driver’s compartment;

  • All money found, whether in plain sight or a result of a legal search; and,

  • Any item declared to be of value by the person in apparent lawful control of the vehicle if the person insists.

All property, whether in plain sight or found as a result of a legal search, which is left in the vehicle shall be listed on the Vehicle Report, CHP Form 180.

222.62 IMPOUNDED VEHICLE REPORT - CRIME REPORT INFORMATION.  The impounding employee shall not complete items relative to witnesses, suspects, arrestees and narrative (other than impound remarks) until the garage copies have been detached.

222.65 KEYS AND REGISTRATION CERTIFICATE IN AN IMPOUNDED VEHICLE. Neither the ignition keys nor the registration certificate shall be removed from an impounded vehicle unless they are to be booked as evidence.

222.80 VEHICLE APPRAISERS. Any regular employee may be appointed to appraise vehicles for this Department. The selection and appointment of vehicle appraisers shall be accomplished as follows:

Selecting Appraisers. The commanding officer of each traffic division, or Area which regularly uses appraisers, shall select employees in his/her command to appraise vehicles. A sufficient number of appraisers shall be appointed to ensure availability during normal working hours.

Maintaining Roster of Appraisers. The names of all persons selected by commanding officers as Vehicle Appraisers shall be forwarded to the Commanding Officer, Commercial Crimes Division, on an Intradepartmental Correspondence, Form 15.02.00. The Commanding Officer, Commercial Crimes Division, shall be responsible for maintaining a current list of vehicle appraisers.

Note: Only employees whose names appear on the current roster maintained by Burglary Special Section are authorized to appraise abandoned vehicles.

Termination of Authority to Act as an Appraiser. When an appraiser is transferred or reassigned to a new position, his/her authority to act as an appraiser shall be terminated. The commanding officer of any employee designated as a Vehicle Appraiser may terminate the employee's appraiser status at any time. When a change is made to an employee's status as an appraiser, his/her commanding officer shall notify Burglary Special Section of the changes by submitting an Intradepartmental Correspondence, Form 15.02.00, to the Commanding Officer, Commercial Crimes Division.

Vehicle Appraiser’s Responsibility. Vehicle appraisers shall be responsible for appraising all vehicles impounded by this Department, including vehicles stored at Official Police Garages (OPG). Appraisers shall also be responsible for completing the applicable portions of the Department of Motor Vehicles (DMV) Form 4.62, Notice of Vehicle to be Dismantled or Junked and Form 256, Statement of Facts. These forms are utilized during OPG lien sale proceedings.

Training of Appraisers. Commanding officers of employees selected as vehicle appraisers shall ensure that the appraisers have been properly trained. All training shall be coordinated by Training Division to ensure Departmentwide uniformity.

223. TOW SERVICE.

223.10 TOW SERVICE - OBTAINING. Prior to impounding any vehicle, an employee shall check the identification number and license number through SVS. All requests for tow service shall be made through the communications control operator. The request shall include the license, motor, or identification number, when available. Additionally, moped identification numbers shall be checked through the Automated Property System (APS).

Heavy‑Duty Tow. An employee shall request heavy‑duty tow service when the vehicle to be towed:

  • Has three or more axles; or,

  • Has a gross weight, laden or unladen, in excess of 10,000 pounds; or,

  • Is a combination of commercial trailers; or,

  • Is determined by the requesting employee to require heavy‑duty equipment.

Note: To ensure the dispatch of the proper tow unit, the employee should briefly explain why heavy‑duty tow is being requested, the type of vehicle involved, and the nature of the towing requirement (e.g., "Heavy‑duty tow service requested for three‑axle truck‑tractor with thirty‑five‑foot, fully loaded semi‑trailer, both over‑turned in roadway.")

223.20 TOW SERVICE REQUESTS FOR CHP OFFICERS. An employee at the scene of a traffic collision which is the responsibility of the CHP shall not normally request tow service. If circumstances require an immediate request, the employee shall indicate that the request is being made on behalf of the CHP.

223.30 ASSISTANCE REQUESTED BY PRIVATE PERSON. When the operator of a vehicle stalled on a highway desires assistance in the servicing, repairing, or removal of his vehicle, and no telephone facilities are reasonably available, he/she shall be informed that a request will be relayed to an agency of his choosing. When the operator is unable to specify a particular agency, employees shall notify, through the communications control operator, an official police garage.

The control operator shall be informed of the following:

  • That assistance is being requested for the operator of a stalled vehicle.

  • The name of the agency to be notified. (When the operator of a stalled vehicle requests service from an automobile club, the employee shall determine if the operator has a valid membership card.)

  • The license number of the vehicle.

  • Apparent trouble.

  • Exact location of the vehicle.

The Department assumes no responsibility for the reliability or the cost of the service rendered.

223.40 MOVING STALLED VEHICLES WITH POLICE AUTOMOBILES. Employees may use a police automobile to push another vehicle only when:

  • It is necessary to clear the road; AND,

  • The circumstances indicate neither vehicle will be damaged by such action.

In such cases, the other automobile shall be moved no farther than the nearest place of safety or legal parking. No attempt shall be made to start the vehicle during such movement.

Note: Care shall be used in moving vehicles equipped with automatic transmissions. Such vehicles may be moved short distances at speeds less than 20 miles per hour.

225. ADVERTISING, UNLAWFUL.

225.50 ADVERTISING UNLAWFULLY POSTED, REMOVAL OF. When advertising posters are observed posted on utility poles or public property, officers shall remove them except when posted in such manner, or the amount of postings is such, as to make their removal impractical. Officers removing posters shall complete and forward an Employee's Report, Form 15.07.00, to the Bureau of Street Maintenance, Department of Public Works. The form shall contain the:

  • Manner of posting.

  • General content of the postings.

  • Location from which removed.

When it is impractical for officers to remove such posters, the location of the posters and the reason for non-removal shall be indicated on an Employee's Report, which shall be forwarded in the same manner.

226. VEHICLE IMPOUND HEARINGS.

 

226.05 TYPES OF HEARINGS.

Pre-Impound Hearings. A pre-impound hearing is held to determine if probable cause exists to remove a parked vehicle in violation of Section 80.77(a) of the Los Angeles Municipal Code (LAMC) 72-hour parking restriction or 22669(a) California Vehicle Code (CVC) abandoned vehicle.

Post-Impound Hearings. Post impound hearings are held to determine whether probable cause existed to impound a particular vehicle and to determine who is responsible for the payment of the impound and/or storage fees.

Note: Supervisors shall conduct hearings only for those vehicles impounded by employees of this Department.

Time Limit. Unless mutual arrangements are made to the contrary, all post‑storage vehicle impound hearings shall be held within 48 hours of receipt of a written, telephonic, or personal request by the registered or legal owner of an impounded vehicle or their agent.

The outcome of the post-storage hearing shall not affect any related traffic citation or other criminal proceedings which may be brought against the owner or claimant of the impounded vehicle. The Department and/or the citizen may present witnesses and evidence at a post-storage vehicle impound hearing.

All vehicle impound hearings shall be conducted and available to the appellant (i.e., legal owner, registered owner, or their agent) Monday through Friday, excluding holidays. The hearing times shall be conducted during normal business hours as established by each Area.

Note: Refer to section 4/780.50 for vehicle Impound hearings regarding vehicles seized as evidence or vehicles stored for an unreasonable time period. 

226.20 IMPOUND HEARINGS - EMPLOYEE’S RESPONSIBILITY.

Pre‑Impound Hearings. A Department employee receiving a request for a pre‑impound hearing shall:

  • Check the duplicate Warning of Parking Violation File to determine if the request is within the 24‑hour time limit; and,

  • Direct the appellant to the Area Vehicle Impound Hearing Coordinator to schedule a hearing and provide the Area Vehicle Impound Hearing Coordinator a copy of the Vehicle Report, CHP Form 180.

Post‑Impound Hearings. A Department employee receiving a request for a post‑impound hearing shall:

  • Determine if the vehicle was impounded from within the employee's Area/division. If not, direct the citizen to the appropriate Area or division, contact the appropriate Area Vehicle Impound Hearing Coordinator and schedule a hearing for the appellant;

  • If impounded from within the Area of the request, obtain a copy of the Vehicle Report, CHP Form 180;

  • Confirm that the request is within the 10 day time limit;

Note: The 10-day period may be extended by the Area Vehicle Impound Hearing Coordinator.

  • Direct the appellant to the Area Vehicle Impound Hearing Coordinator to schedule a hearing; and,

  • Provide the Area Vehicle Impound Hearing Coordinator with a copy of the Vehicle Report, CHP Form 180.

226.25 IMPOUND HEARINGS - COMMANDING OFFICER’S RESPONSIBILITY. Area/division commanding officers shall ensure that:

  • An adequate number of supervisors within their command receive Probable Cause Vehicle Impound Hearing Procedures training; and,

  • Only those supervisors who have received Department approved training and certification conduct vehicle impound hearings.

226.30 IMPOUND HEARINGS – AREA VEHICLE IMPOUND HEARING COORDINATOR’S RESPONSIBILITY.

The auto theft detective coordinator is designated as the Area Vehicle Impound Hearing Coordinator and shall monitor and supervise impound hearing procedures. All vehicle impound hearings shall be conducted at the Area where the impound occurred. Hearings shall only be conducted by employees of a supervisory rank, who have received Probable Cause Vehicle Impound Hearing Procedures training and are assigned to the Area Detective Section, Auto Theft Unit.

Exception: If the impounding employee is assigned to the Area Detective Section, Auto Theft Unit, a detective supervisor trained in impound hearing procedures, other than a supervisor assigned to the Area Detective Section, Auto Theft Unit, shall conduct the hearing.

Impound hearings for vehicles impounded by traffic division units or non-patrol units shall be conducted within the Area of impoundment.

Upon receiving a request for an impound hearing, the Area Vehicle Impound Hearing Coordinator shall:

  • Schedule an impound hearing within 48 hours of the request unless mutually waived by the requesting party and the Department; and,

  • Notify the impounding officer(s) of the hearing date, time, and location. Inform the impounding officer(s) that he/she shall be present at the impound hearing. Notification shall be attempted first in person by serving the officer(s) with the Impound Summons and Notice, Form 16.27.04 (Service of the Impound Summons and Notice shall be in accordance with Manual Section 3/210). Department procedures governing court and administrative hearing appearances (e.g., sick, training) shall apply to impound hearings. Additionally, appearance by a sworn employee of the rank of Lieutenant or below at an impound hearing outside of normal duty hours shall be in accordance with the court time provisions of the current Memorandum of Understanding. When in-person notification is not possible, telephonic notification shall be attempted.

Note: Telephonic notification should be accompanied by a facsimile of the Impound Summons and Notice form, when possible.

226.32 DOCUMENTATION OF VEHICLE IMPOUND HEARINGS. All vehicle impound hearings shall be conducted in person and tape-recorded to facilitate the testimony and cross-examination of the impounding officer(s) and witnesses.

Recordings shall be retained in accordance with established Department procedures outlined in Manual Sections 3/569.20 and 3/569.40.

The Area Vehicle Impound Hearing Coordinator shall retain all material in accordance with record retention guidelines and a roster of those participating in the impound hearing. These records shall be stored at the Area where the impound hearing occurred for a period of three years.

227. ASSAULT WITH A MOTOR VEHICLE.

Motor Vehicle Used As A Deadly Weapon.  Unless no traffic officers are available, traffic divisions have primary responsibility for the preliminary investigation and/or reporting of ADW crimes involving motor vehicles.  Patrol officers who initially arrive at the scene of ADWs involving motor vehicles shall conduct the preliminary investigation until available traffic division officers arrive at the scene.

 

Traffic Officer’s Responsibilities.  Whenever a motor vehicle is used as a weapon in an ADW, the designated traffic officer shall arrest the suspect if present, or complete an Investigative Report (IR), Form 03.01.00, using the appropriate title if the suspect cannot be located.

 

When the suspect’s vehicle makes contact with the victim (pedestrian or bicyclist) and/or any vehicle occupied by the victim, the reporting traffic officer shall:

 

·         Complete an IR with the appropriate title:

o   “ADW with a Vehicle – Pedestrian”;

o   “ADW with a Vehicle – Bicyclist”; or,

o   “ADW with a Vehicle – Victim in Vehicle”;

·         Complete a diagram which accurately depicts the assault on a blank white sheet of 8 ½” X 11” paper.  Number the diagram as page two of the IR, including the title of the crime report, and the Division of Record (DR) number in the upper-right hand corner; and,

·         Complete the narrative portion of the IR on a continuation sheet.

 

When the suspect’s vehicle does not make contact with the victim or the vehicle that the victim occupies, the reporting officer shall complete an IR titled, “ADW with a Vehicle.”  No diagram is required.

 

When the suspect’s vehicle does not make contact with the victim, pedestrian, bicyclist or the vehicle that the victim occupies, but strikes another person, vehicle or fixed object, resulting in a transferred intent, the reporting officer shall complete an IR with the title, “ADW with a Vehicle - (Pedestrian, Bicyclist, or Victim in Vehicle)” for the unintended victim or the title, “Vandalism” for a fixed object.  Another DR number for the IR titled, “ADW with a Vehicle” shall be created for the original intended victim.

 

Whenever a motor vehicle is involved in a collision with a party where the elements of ADW are not met, but the party insists that the collision was the result of the driver’s malicious intent, the reporting traffic officer shall complete a traffic report and include any statements and evidence in support of such an allegation as a page of the report, regardless of whether the collision resulted in injuries.

 

Whenever a motor vehicle is involved in an incident with a party where no contact was made, but the other party sustained an injury in an attempt to avoid an imminent collision, a traffic report will be completed.

 

Obtain the appropriate vehicle or miscellaneous DR number (Department Manual Section 5/040.56).

 

Note:  An ADW with a motor vehicle does not constitute a traffic collision. 

 

Traffic Detective Section’s Responsibilities.  The traffic detective section shall be responsible for the follow-up investigation concerning all ADWs in which the weapon used is a vehicle.

 

The traffic detectives reviewing a traffic report with allegations of ADW will conduct reasonable follow-up.  If upon further investigation it is determined that the elements of an ADW or lesser assault crime are met, the traffic detective will ensure the traffic report is appropriately reclassified.

 

Traffic Division’s Crime Analysis Detail Responsibility.  All traffic Crime Analysis Detail personnel shall input all crime codes and Modus Operandi codes related to tracking ADWs with a vehicle, including the appropriate codes to indicate if the victim was a bicyclist, pedestrian, or victim inside a vehicle.

 

229. VEHICULAR AIR BAGS.

 

229.10 DETONATION AND BOOKING OF VEHICULAR AIR BAG MODULES.

Employee’s Responsibility. Employees who come in contact with an uninstalled air bag module which has been detonated (i.e., bag deployed, preservative powder residue visible) shall recover and book the detonated air bag module in accordance with standard property booking procedures. No special handling is required.

Employees who come in contact with an uninstalled, undetonated air bag module shall:

  • Secure the immediate area;

  • Request the Bomb Squad, Hazardous Devices Section, Emergency Services Division, to respond to the scene;

Note: During off-hours, the Bomb Squad may be contacted through the Department Command Post, Real-Time Analysis and Critical Response Division (RACR).

  • Complete a Property Report, Form 10.01.00, including the name of the Bomb Squad member who detonated or took custody of the air bag module; and,

  • If the module was detonated by the Bomb Squad, recover and book the remains of the module in accordance with standard property booking procedures.

Hazardous Devices Section, Emergency Services Division’s Responsibility. The Hazardous Devices Section shall:

  • Respond to all requests involving air bag module(s);

  • Detonate air bag modules if appropriate; and,

  • Assume custody and storage of air bag modules contained in the manufacturer’s original packaging.

232. BURGLARY.

232.10 BURGLARY - SAFE INVOLVED. Officers conducting a preliminary investigation of a burglary in which a safe was attacked, in addition to completing the required reports, shall immediately:

  • Telephone all available information to the Safe Detail, Burglary Special Section, Commercial Crimes Division; and,

  • Request the services of a specialist to conduct a fingerprint investigation (Manual Sections 4/212.15 and 4/212.44).

Exception: When the safe is removed from the premises or the item of attack is an insulated filing cabinet, telephone all available information to the concerned geographic investigative division.

232.15 ROBBERY OR BURGLARY OF JEWELRY BUSINESS LOCATIONS - NOTIFICATIONS REQUIRED. Officers conducting preliminary investigations of robberies or burglaries where jewelry is the primary object of attack (e.g., jewelry stores, department stores, jewelry counters, pawn shops, sales persons, couriers, motor vehicles, etc.) shall:

  • Notify Robbery-Homicide Division if the crime is a robbery;

  • Notify Burglary Special Section, Commercial Crimes Division if the crime is a burglary (includes Burglary from Motor Vehicle);

Note: During off-hours, notifications shall be made to Detective Support and Vice Division.

  • Document the name and serial number of the person notified in the appropriate box on the Investigative Report; and,

  • Ensure that the Investigative Report is marked so that a copy will be distributed to the concerned coordinating division (Robbery-Homicide Division and Burglary Special Section, Commercial Crimes Division.

232.20 TELEPHONIC NOTIFICATIONS. Officers conducting a preliminary investigation of an offense over which Burglary Special Section, Commercial Crimes Division, has jurisdiction (Manual Section 2/480.56) shall notify Burglary Special Section, Commercial Crimes Division, or Detective Support and Vice Division when Burglary Special Section, Commercial Crimes Division is closed.

232.40 BURGLARY TOTALING $5,000 OR MORE-NOTIFICATION (Manual Section

4/248.70).

232.50 BURGLARY - DAMAGE TO A BANK. Whenever an officer conducts a preliminary investigation of an attempted entry or of damage to any bank during those hours when the bank is closed, he shall report the incident to:

  • Detective Support and Vice Division by telephone; or,

  • The Communications control operator by radio.

232.60 BURGLARY - VEHICLE TAKEN (Manual Section 4/220.50).

232.70 BURGLARY FROM AIRCRAFT AND RAILROAD CARS. Burglaries from aircraft and railroad cars shall be reported on a Investigative Report, Form 03.01.00, and titled Preliminary Investigation of a burglary.

236. BICYCLE, STOLEN - LOST - FOUND - RECOVERED - IMPOUNDED.

236.10 BICYCLES, DEFINITION OF. "Bicycle," for the purpose of licensing enforcement and reporting on a bicycle related report, shall mean any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears and which has wheels at least 20 inches in diameter and a frame size of at least 14 inches.

Note:  All bicycles, regardless of size, shall be licensed at the request of the owner.

236.15 BICYCLE BOOKED EXCESS PERSONAL PROPERTY - REPORT REQUIRED. When a bicycle is booked as excess personal property of an arrestee, the Excess Personal Property Receipt, Form 10.08.00, is the only report required.

236.20 INVESTIGATION PRIOR TO COMPLETION OF A BICYCLE RELATED REPORT. Before completing a bicycle related report, or an Excess Personal Property Receipt, Form 10.08.00, the reporting employee shall:

  • Contact Juvenile Division, to obtain any available registration data; and,

  • Request the record clerk in the geographic area to query the Automated Property System (APS) to determine the present status of the bicycle.

236.30 NOTIFICATION BY REPORTING EMPLOYEE TO OWNER OF FOUND OR RECOVERED BICYCLE. When a bicycle is found or recovered and the owner's identity is determined at the time of impounding, the reporting employee shall cause a Property Owner's Notification, Form 10.14.00, to be completed and mailed.

Note: The reporting employee shall cause to be noted on the appropriate report, whether the Form 10.14.00 has been mailed.

236.45 TAGS ON BICYCLES OR BICYCLE FRAMES. A No. 7, plain manila tag shall be attached to each bicycle frame or bicycle with a wheel diameter of 20 inches or more which comes into the custody of the Department. The booking employee shall write the date, frame number, and DR number on each tag and attach it to the frame.

236.50 BICYCLES WITH FRAME NUMBERS MISSING OR ALTERED. When a bicycle is taken into custody which does not have a frame number or which has had the frame number altered or obliterated, the concerned employee shall:

  • Book the bicycle "Found" or "Recovered," "Hold for Area Bicycle Officer;"

  • Write the date and DR number on a No. 7, plain manila tag and attach it to the frame; and,

  • Include in the body of the appropriate report, a statement of the condition of the frame number.

236.55 ERROR IN REPORTING RECOVERY. When a bicycle is erroneously reported as recovered, the employee discovering the error shall complete a Follow‑up Report, Form 03.14.00. A copy of the Follow‑up Report shall be forwarded to the Automated Vehicle and Property Section, Records and Identification Division.

236.75 REGISTRATION OF BICYCLES. When a person requests that a bicycle be registered regardless of the size, the responsible station personnel shall:

  • Determine if the bicycle has a frame number. If the bicycle does not have a frame number, obtain a Department bicycle frame number from Juvenile Division, and stamp that number into the bottom of the sprocket hanger;

  • Complete a California Bicycle License application and give the pink copy to the person registering the bicycle;

  • Collect the registration fee and deposit it in the divisional Bicycle License Fund Account;

  • Attach the bicycle license to the seat post mast two inches below the crossbar; and,

  • Forward the completed Bicycle Registration to Juvenile Division.

238. DEAD BODIES.

238.10 DETERMINING DEATH. Except when a person is obviously dead, it shall be the responsibility of the emergency ambulance crew to determine if death has occurred.

238.15 DEATH INVESTIGATIONS ON FREEWAYS WITHIN THE CITY. The California Highway Patrol (CHP) has the primary responsibility for the investigation of deaths resulting from traffic collisions on freeways within the City. The Department is responsible for the investigation of all other deaths which occur on freeways within the City.

Officers who are called to the scene of an incident involving a death on a freeway shall conduct a preliminary investigation and make the required notifications when it is determined to be the investigative responsibility of the Los Angeles Police Department. When a conflict arises between Department and CHP personnel regarding investigative responsibility for the incident, a Department supervisor shall be requested immediately. The supervisor responding to the scene shall ensure that the call is properly handled and the appropriate notifications are made.

238.17 DEATH INVESTIGATIONS OF JUVENILES UNDER 11 YEARS OF AGE. Officers assigned a call involving the preliminary investigation of the undetermined death of a juvenile under 11 years of age, must contact Juvenile Division, Abused Child Section.

Note: During non‑business hours, patrol personnel must contact Real-Time Analysis and Critical Response Division.

Juvenile Division detectives are responsible for investigating and processing the crime scenes.  This investigative procedure ensures that all efforts are maximized in gathering evidence and in preserving the critical witness testimony required for a successful prosecution.

Exception: Area detectives are responsible for investigating deaths resulting from the violation of California Penal Code Section 12035 - Storage of Firearms Accessible to Children.

238.20 AMBULANCE REQUESTED AT SCENE OF APPARENT DEATH. An ambulance shall be requested at the scene of an apparent death when:

  • There is no doctor in attendance; and,

  • There is a possibility, even if remote, that the person may be alive.

If death has occurred, a Rescue Report, Form F660, shall be obtained from the ambulance crew and attached to the Death Report, Form 03.11.00.

238.23  DEAD BODIES EXPOSED TO PUBLIC VIEW. When a dead body which does not come within the jurisdiction of the Coroner (Manual Section 4/238.46) is exposed to public view, an ambulance shall be requested. The body shall be released as directed by the investigating officers.

When a dead body which comes within the jurisdiction of the Coroner (Manual Section 4/238.46) is exposed to public view, the investigating officers shall notify the senior Coroner's investigator immediately as soon as practicable. The investigating officers shall be guided by the instructions of the Coroner's representative dispatched to the scene.

When a supervisor at the scene of a death determines that a dead body exposed to public view would probably create an adverse incident, he/she shall notify the senior Coroner's investigator, who will arrange to have the body removed immediately by ambulance. The instructions of the Coroner shall be given to the ambulance crew.

238.26 TRANSPORTATION OF DEAD BODIES. A dead body which comes under the jurisdiction of the Coroner (Manual Section 4/238.46) shall not be removed to a funeral establishment except on instructions of a deputy coroner.

238.30 SEARCHING DEAD BODIES. The officer in charge at the scene of a dead body shall prevent any person, other than a deputy coroner, from searching the body.

Whenever possible, a witness, preferably a relative of the deceased or a member of the household, shall be requested to remain at the scene with the officer. The name and address of this person, and a statement verifying his presence, shall be included in the Death Report, Form 03.11.00. Whenever personal effects and possessions of the deceased are taken by the deputy coroner, a receipt shall be obtained (Manual Section 4/238.48). This receipt shall be attached to the Death Report.

238.35 NOTIFICATION TO DEPARTMENT OF JUSTICE.  Force Investigation Division shall notify the Department of Justice, Bureau of Criminal Statistics, Statistical Data Center, in writing within ten days of the occurrence of each in‑custody death and provide the appropriate information relating to the death.

238.36 NOTIFICATION TO DEPARTMENT OF CORRECTIONS.  Force Investigation Division, shall notify the State of California Board of Corrections, in writing within ten calendar days of the occurrence, of each in-custody death of a detained juvenile. The notification shall include the appropriate information relating to the death.

238.40 NOTIFICATION TO INVESTIGATING OFFICERS OF DEATH. Officers assigned a dead body call shall telephone, without delay, the concerned geographic investigating officers and notify them of the circumstances. They shall be informed if there is any indication that a death might be suicide or homicide. Detective Support and Vice Division shall be notified of the circumstances if the concerned investigating officers are not available. Officers shall abide by instructions of the investigating officers.

238.43 NOTIFICATION TO NEXT OF KIN OF DECEASED PERSON. Whenever practicable, notification to the next of kin of the deceased person shall be made in person by the investigating officers. If the next of kin lives in another Area, a police unit of that Area shall be requested to make the personal notification. If the next of kin lives outside the City, the Coroner shall be requested to make the notification.

Generally, an in-person notification is the preferred method of informing the next of kin of a death. However, circumstances may indicate a need for an alternative method of making such a notification (e.g., telephonically). Officers should use their best judgment in making a determination as to the method of notification to the next of kin of a deceased person.

238.46 NOTIFICATION TO CORONER. It shall be the responsibility of the investigating officers to immediately notify the Coroner of all deaths occurring: (1)

  • When the deceased died while under arrest, while being temporarily detained or while under the care or control of an officer of the Department;

  • When the deceased has not been attended by a physician within twenty days preceding death;

  • When the deceased committed suicide;

  • When the attending physician is unable to state the cause of death;

  • When the deceased died as the result of an accident;

  • When there is any suspicion that the death resulted from the use of narcotics; and,

  • Under such circumstances as to afford a reasonable ground to suspect that death was caused by the criminal act of another.

[(1)Health and Safety Code Section 10250.]

If the Coroner is not immediately needed at the scene of a death which requires notification, the investigating officer shall advise the Coroner of an approximate time when the Coroner's deputy can respond. If no time can be estimated, the investigating officer shall arrange to make a second notification to the Coroner when response is appropriate.

Note: When circumstances indicate that the investigation of the death requires the expertise of a specialized investigator (e.g., homicide detective, traffic collision investigator), notification to the Coroner shall be made by the concerned specialized investigator who responds to the scene of the incident, within one hour of his/her arrival to an incident. Preliminary notification to the Coroner’s Office shall include an estimated time when the Coroner’s investigator will be needed at the scene. The specialized investigator shall ensure the Coroner’s investigator has access to the decedent, in order to conduct a preliminary exam of the body, as soon as possible. Particular consideration shall be given to those situations in which determining the time of death is a critical issue or in which the recovery of biological evidence is crucial to the investigation. The Coroner’s investigator shall be advised of the facts necessary to preclude the possible destruction of evidence. If the death is determined to be an obvious natural death and falls within the purview of the Coroner's Office, the investigating officer initially responding to the scene shall make the immediate notification.

238.48 PROPERTY TO CORONER. An officer at the scene of a death requiring a Death Report, Form 03.11.00 (Manual Section 5/3.11), shall obtain an itemized receipt from the Coroner's deputy for all property, including the contents of wallets and purses, removed from the scene by such deputy. The receipt shall be stapled to the original of the Death Report.

Suicide Notes. Original suicide notes shall accompany the body to a Coroner's mortuary. Portions of suicide notes pertaining to the suicidal act shall be quoted in the Death Report when practicable. When a copy of the original suicide note is desired by investigating officers, a photocopy may be obtained from the Coroner's Office. When the original note is needed for crime laboratory study, it shall be obtained from the Coroner's Office by a member of Scientific Investigation Division.

Poisons and Drugs. All poisons, drugs, and their containers suspected of being connected with a suicide shall accompany the body to the Coroner's Office.

Firearms. All firearms suspected of being suicide weapons shall be booked as evidence to provide the opportunity to test such firearms. The investigating officer shall be responsible for determining the final disposition of the firearm (Manual Section 4/560.40).

238.55 PHOTOGRAPHING DEAD BODIES AT THE CORONER'S OFFICE. Photographers from Scientific Investigation Division shall not photograph dead bodies at the Coroner's Office without being requested to do so by a concerned detective, and such requests shall be limited to specific situations.

Department personnel, responsible for investigations involving dead bodies that have come within the jurisdiction of the Coroner's Office, shall, in investigating routine cases, use those photographs taken during normal Coroner Office proceedings. Coroner photographs are taken in series which includes an identification photo and photographs appropriate to the concerned postmortem examination.

Detectives desiring specific photographs may request such photographs by consulting the concerned Coroner's Office Senior Investigator either prior to or at the time of the postmortem examination.

Detectives who need Coroner's photographs of a dead body shall:

  • Telephonically contact the Subpoena Desk of the Coroner's Office;

  • Provide the Coroner's Case Number; and,

  • Request copies of the Coroner's photographs.

Note: Photographs are taken at the time of the autopsy and are normally available within three working days of the date on which the photographs were taken.

Photographers from Scientific Investigation Division shall be requested to photograph dead bodies at the Coroner's Office only in the following cases:

  • In-Custody Deaths; and,

  • Unusual cases where routine Coroner photographs have missed some item which is vital to a successful homicide or traffic investigation.

In-Custody Deaths. When a Department photograph of a dead body at the Coroner's Office is required because of an in‑custody death and/or officer‑involved shooting death, the concerned Detective shall:

  • Make a telephonic request to Scientific Investigation Division, Photo Lab;

  • Specify exactly what is to be photographed; and,

  • Supply the DR number and Coroner's Case Number.

The concerned Department photographer shall:

  • Contact the on‑duty Senior Coroner Investigator and make arrangements for the photographing;

  • Attempt to schedule the photography between 0500 and 1300 hours; and,

  • Be present at the scheduled time and proceed with the photography.

Unusual Cases. When a Department photograph of a dead body at the Coroner's Office is necessary for an unusual case where routine Coroner photographs have missed some item which is vital to a successful homicide or traffic investigation, the concerned detective shall:

  • Make a telephonic request to Scientific Investigation Division, Photo Lab;

  • Specify exactly what is to be photographed, and provide the DR number;

  • Attempt to schedule the photography between 0500 and 1300 hours;

  • Note the date and time the photographer will arrive at the Coroner's Office;

  • Contact the on‑duty Senior Coroner Investigator immediately thereafter, and make arrangements for the photographing; and,

  • Be present to direct the photography for the Department photographer.

238.60 UNIDENTIFIED DEAD BODIES. When the identity of a dead body is unknown, the reporting officer shall obtain the "John Doe" or "Jane Doe" number from the Coroner's deputy at the scene. Pending identification, the number shall be used in lieu of the decedent's name.

238.65 DEATH OF PRISONERS IN DIVISION JAILS. When a prisoner dies in a division jail, the investigating officer, in addition to conducting the usual investigation and completing the usual reports, shall:

  • Cause the completion of a Jail Transfer Record, Form 06.11.00, transferring the prisoner's personal property to the Coroner;

  • Send a Notification of Prisoner Release Teletype to the Automated Justice Information System (Manual Section 4/165.32); and,

  • Ensure that the Supervisor, Jail Dispensaries, Medical Services Division, Personnel Department, is notified. Notification shall be routinely made as soon as possible during normal duty hours, Monday-Friday, 0730-1630 hours.

238.83 HOMICIDE. The first officer to arrive at the scene of a homicide shall immediately isolate the vicinity where the crime was committed, or the body was found. It shall be his or her responsibility to see that no one be permitted to approach the scene until investigating officers arrive and take charge of the case. Upon arrival, the investigating officers shall be in charge of the investigation. Officers assigned to any duty at the scene shall remain until they are relieved by the investigating officers.

240. DRUNK ARRESTS.

240.10 DRUNK ARREST PROCEDURE.

Pre‑Booking. Officers who arrest an individual for 647(f) P.C. (Drunk) shall:

  • Ensure that the arrestee receives a screening by medically trained personnel to determine whether the arrestee should be booked or hospitalized;

Note: If the arrestee is to be released to an evaluation and treatment facility (detoxification center), medical treatment shall be obtained if the arrestee displayed symptoms of unconsciousness as described in Manual Section 4/210.23.

  • An arrestee whose safety is at risk or who may be a threat to others because of their state of intoxication or substance impairment shall be evaluated at a Department jail dispensary by medical staff.

    Note: Those arrestees with a Gas Chromatograph Intoximeter (GCI) breath test results of .30 or higher shall be examined at a Jail Division dispensary or contract hospital, as delineated in Department Manual Sections 4/343.25 and 4/648.17

  • Secure a copy of the Medical Treatment Record (M.T.) for submission with the Arrest Report at the time the arrestee is booked; and,

  • Present the arrestee to the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division, who shall determine whether the arrestee should be prosecuted or released under 849(b)(2) P.C.

Exception: In instances when 647(f) P.C. (Drunk) arrestees who are to be released under provision of 849(b) (2) P.C. are transported to Metropolitan Jail Section by B‑Wagon, the watch commander assigned to Metropolitan Jail Section misdemeanor intake section shall, after reviewing the circumstances of the arrest and approving detention when appropriate, assume responsibility for ensuring that arrestees receive medical screening.

When prosecution is warranted, the arresting officer shall complete a long form arrest report thoroughly documenting the circumstances of the arrest.

Booking. Booking personnel shall determine from the arresting/transporting officer whether the arrestee is to be prosecuted or released. Arrestees who are to be prosecuted shall be fully processed. Arrestees who are to be released without prosecution shall not routinely be fingerprinted on Form FD249 and shall not be photographed.

Exception: Arresting and/or investigating officers may, however, request photographs and fingerprints for purposes of identification regardless of the impending release of the arrestee.

Officers booking an arrestee for 647(f) PC whose safety is at risk or who may be a threat to others because of their state of intoxication or substance impairment shall present the arrestee to Jail Division staff along with the Sobering Cell Inmate Welfare Form and the Inmate Classification Questionnaire and Record of Medical Screening.

When no prosecution is warranted and the arrestee is eligible for release, the Short Arrest Report, Form 05.02.01, shall also serve as a booking approval and booking slip.

When prosecution is requested, the booking employee shall record, in the charge section of the Form 05.01.00, Consolidated Booking Form, the notation “647(f) P.C. Drunk/Filing Requested.”

240.25 RELEASE OF 647(f) P.C. ARRESTEES UNDER 849(b)(2) P.C. An adult who is booked only for 647(f) P.C. (Drunk) shall normally be released under 849(b) (2) P.C. after a period of detoxification (minimum of 4 hours) unless one or more of the following reasons exist for non‑release:

  • The arrestee has a want or warrant;

  • The arrestee requests that he/she be taken before a magistrate;

  • The safety of the arrestee or others may be jeopardized by the release; or,

  • There are other specific articulated facts justifying continued detention and/or prosecution.

Exception: Prior to complete detoxification, arrestees may be released to a medical facility or to a friend or relative capable of assuming responsibility for the care of the arrestee.

The watch commander approving the booking of an arrestee ineligible for release under 849(b)(2) P.C. shall make a notation in the narrative portion of the Booking Approval, Form 12.31.00, indicating the reason(s) for ineligibility. Additionally, the watch commander shall ensure that the arresting officer(s) include all facts substantiating the reason(s) for non-release in a long form arrest report (Manual Section 5/5.2).

Exception: A long form arrest report is not required for an arrestee who is ineligible solely because of a misdemeanor warrant unless completion is required under Manual Section 4/725.48.

Circumstances arising after booking which necessitate continued detention of an arrestee shall be noted on the reverse side of the detention officer’s copy of the Form 12.31.00. The notation shall be initialed by a supervisor.

If, with the passage of time, the reason for nonrelease is eliminated, the arrestee shall then be released under 849(b)(2) P.C. Examples:

  • The arrestee posts bail for any warrants.

  • The arrestee withdraws a request to be taken before a magistrate.

When circumstances indicate that the continued detention of an arrestee is no longer necessary but prosecution is desired, the arrestee shall be considered for a release on a written promise to appear (O.R.).

240.50 INSULIN SHOCK. When a person taken into custody on a drunk charge complains or otherwise indicates that the arrestee is a diabetic suffering from insulin shock, the arrestee shall be taken immediately to a jail dispensary or contract hospital. The arrestee shall be released if the examining physician finds that the arrestee is not intoxicated but is suffering from:

  • Insulin shock, or the effects of some other drug taken under the direction of a physician; or,

  • An illness or injury, the symptoms of which resemble those of intoxication.

242. FIRES.

242.25 NOTIFICATIONS TO FIRE DEPARTMENT. When officers at the scene of a potential fire (e.g. unignited fire bomb), or extinguished fire (e.g. torched stolen vehicle) determine that a call has not been sent to the Fire Department, they shall notify the Fire Department of the circumstances through Communications Division.

242.50 ARSON SUSPECTED. When officers at the scene of a potential fire or extinguished fire have reason to suspect that arson is involved, they shall notify Detective Information Section, Detective Support and Vice Division, without delay. Officers shall be guided by instructions received from Detective Support and Vice Division.

242.53 ARSON INVESTIGATIONS. When an arson is immediately associated with the commission of another crime which is the investigative responsibility of a unit of the Police Department, that unit shall be responsible for conducting the investigation. The Fire Department Arson Section will provide technical expertise regarding the origin of the fire.

Note: When an arson‑related fraud does not involve another crime other than arson itself, the Fire Department will be responsible for conducting the investigation. Commercial Crimes Division shall provide investigative assistance to the Fire Department investigators.

Interviews of Arrestees. When an arrestee is to be interviewed regarding an arson‑related offense, the investigating officer shall, whenever practicable, request the presence of a Fire Department arson investigator.

News Releases. News releases concerning arson‑related crimes shall not be released to representatives of the news media until the contents have been approved by the appropriate personnel of both the Fire and Police Departments (Manual Section 1/420.50).

242.55 FIRE DEPARTMENT NOTIFICATIONS OF MOLOTOV COCKTAIL INCIDENTS. Upon receipt from the Los Angeles Fire Department of the field incident investigation report,  forward one copy to the concerned Area commanding officer; and forward one copy to the Commanding Officer, Criminal Conspiracy Section, Major Crimes Division.

243. HIGH - RISK PRONE SEARCH.

Officer's Responsibility. When the high-risk prone search is used, the officer shall explain the reason for its use to the involved parties. If the officer is unsuccessful in convincing the parties that the search tactic was necessary and appropriate, the officer shall request that a supervisor respond to the scene.

Supervisor's Responsibility. When requested to respond to an incident where the high-risk prone search has been used, a supervisor shall determine whether use of the search tactic was appropriate and assist the officer in making the proper explanation to the involved parties. The incident shall then be fully documented.

244. FIREARMS, DISCHARGE OF.

244.30 DISCHARGE OF FIREARMS NOTIFICATION. An officer, on or off duty, who discharges a firearm, or an officer conducting a preliminary investigation of the discharge of any firearms, involving an officer, shall notify, or cause to be notified, without delay, the employee's Area/division watch commander or a supervisor.  If a watch commander or a supervisor is unavailable, notify the Real Time Analysis Critical Response Division RACR and the employee’s division of assignment as soon as possible.  If discharge occurred outside of the City, contact the local law enforcement agency having jurisdiction and inform them of the circumstances surrounding the incident and request a report.

244.50 WRITTEN REPORTS ON DISCHARGE OF FIREARMS. All discharges of firearms shall be reported. When the discharge of a firearm is not covered in other reports requiring a DR or booking number, an Investigation of Animal Shooting and Non-Tactical/ Accidental Discharge of Firearms Report, Form 01.67.08, shall be completed. . Investigators shall follow guidelines of Manual Sections 3/796 and 4/204.80 (Animal Shootings/ Accidental Discharges).  A complete description of the firearm involved shall be included in all reports covering the facts of a shooting. This description shall include:

  • Make;

  • Type;

  • Caliber or gauge;

  • Finish;

  • Barrel length;

  • Serial number;

  • Frame number;

  • Type or color of grips or stock;

  • Marks or initials; and,

  • Unusual features.

When Los Angeles police officers discharge their firearm, neither the officer's residence address nor telephone number shall be included in the report. The description of the firearm need only include the make, caliber, and serial number.

244.55 DELIVERY OF REPORT OF DISCHARGE OF FIREARM. The officer completing the investigation of the discharge of a firearm not resulting in a gunshot wound by a Department employee shall ensure that a copy of the report is delivered to the Office of the Chief of Police within ten administrative working days of the incident. The distribution of such reports is listed in Manual Section 5/01.67.08.

244.90 FIREARMS USED FOR TRAINING. Officers shall never point a firearm capable of firing live ammunition at another person during training. Officers participating in any non live-fire training such as situation/simulation scenarios where the need to simulate the use of a firearm is necessary, shall only utilize firearms that have been rendered unable to fire live ammunition. In addition, officers shall only utilize firearms that have been color-coded (Manual Section 3/610.97), and approved as training firearms by the Firearms Training Unit, Training Division.

245. EMPLOYEE ‑ INVOLVED USE OF FORCE INCIDENTS.

245.02 OFFICER'S PUBLIC SAFETY STATEMENT - CATEGORICAL USE OF FORCE INCIDENTS. Employees involved in a Categorical use of force shall provide a public safety statement to the first arriving supervisor.  The statement shall include, but not be limited to the following:

  • Type of force used;

  • Direction and approximate number of any shots fired by the involved employee(s) and/or suspect(s), if applicable;

  • Location of injured persons, including those in need of medical attention, if any;

  • Description of outstanding suspect(s) and his/her direction(s) of travel, time elapsed since the suspect was last seen, and any suspect weapon(s);

  • Description and location of any known victims or witnesses;

  • Description and location of any known evidence; and,

  • Other information as necessary to ensure officer and public safety and assist in the apprehension of outstanding suspects(s).

After providing sufficient information, the employee shall remain separated from other involved/witness employees and shall not discuss the incident with anyone other than the assigned investigators and the employee’s representative.

245.05 REPORTABLE NON - CATEGORICAL USE OF FORCE INCIDENTS.

Defined. A reportable use of force incident is classified, per the Consent Decree, as either Categorical or Non-Categorical. Categorical uses of force are outlined in Department Manual Section 3/794.10. All other reportable uses of force, including the discharge of a TASER the use of a chemical irritant control device, or all unintentional (inadvertent or accidental) head strikes with an impact weapon or device which do not result in serious bodily injury, hospitalization or death which have been approved to be handled as a Level I NCUOF by the C/O, FID, are classified as Non-Categorical Use of Force incidents.

Exception: Under any circumstances, the discharge of a less-lethal projectile weapon (e.g., beanbag shogun, TASER, 37mm or 40mm projectile launcher, any chemical control dispenser or Compressed Air Projectile System) that does not contact a person is not reportable as a Non-Categorical use of force. Instead, such incidents shall be reported on an Employee’s Report, Form 15.07.00.

A reportable Non-Categorical use of force is defined as an incident in which any on-duty Department employee, or off-duty employee whose occupation as a Department employee is a factor, uses a less-lethal control device or physical force to:

  • Compel a person to comply with the employee's direction; or,

  • Overcome resistance of a person during an arrest or a detention; or,

  • Defend any individual from an aggressive action by another person.

The following incidents are not reportable as a Non-Categorical use of force:

  • The use of a C-grip, firm grip, or joint lock to compel a person to comply with an employee’s direction which does not result in an injury or complained of injury;

  • The use of force reasonable to overcome passive resistance due to physical disability, mental illness, intoxication, or muscle rigidity of a person (e.g., use of a C-grip or firm grip, joint lock, joint lock walk down or body weight) which does not result in an injury or complained of injury;

Example: An officer uses a firm grip to overcome a suspect’s initial resistance (i.e., pulling away) to being handcuffed. Since there are no injuries or complained of injuries, this incident is not a reportable use of force.

  • Under any circumstances, the discharge of a less-lethal projectile weapon (e.g., beanbag shotgun, TASER, 37mm or 40mm projectile launcher, any chemical control dispenser or Compressed Air Projectile System) that does not contact a person;

Note: Such incidents shall be reported on an Employee's Report, Form 15.07.00, and submitted to the commanding officer for review and appropriate action. After all risk management, misconduct, or policy issues are identified, the Form 15.07.00 shall be forwarded to Personnel and Training Bureau for review and retention.

  • Force used by an organized squad in a crowd control situation, or a riotous situation when the crowd exhibits hostile behavior and does not respond to verbal directions from Department employees. Such incidents are documented via an after-action report or Sergeant’s Daily Report, Form 15.48.00; and,

Note: Isolated incidents resulting from a crowd control situation may require a use of force investigation as determined by a supervisor at the scene.

  • Any incident investigated by Force Investigation Division (Manual Section 3/794.10).

245.10 REPORTING A NON - CATEGORICAL USE OF FORCE INCIDENT.

Employee's Responsibility. An employee who becomes involved in a reportable Non-Categorical use of force incident shall:

  • Notify a supervisor without delay;

  • Report the full details of the use of force incident in the related Department arrest or crime report;

  • Use an Employee's Report, Form 15.07.00, to report the full details of the use of force incident when a crime or arrest report is not required; and,

  • Document the name of the investigating supervisor in the related arrest or crime report, or Form 15.07.00, under the heading “Additional.”

Off-duty employees who become involved in a reportable use of force incident in which the employee's occupation as a Department employee is a factor shall notify their supervisor or watch commander without unnecessary delay. Notification shall be made to the Department Command Post when the employee's location of assignment is closed.

Note: Off-duty employees completing use of force related reports shall submit a copy to their supervisor no later than their next regularly scheduled tour of duty.

Supervisor's Responsibility. When a Non-Categorical use of force incident occurs, an uninvolved supervisor from the employee's command or from the nearest Area when either the employee’s command is closed or the employee’s supervisor is not available to respond, shall be assigned to conduct the administrative investigation.

Generally, a supervisor who witnessed a Non-Categorical use of force incident should not conduct a use of force investigation.  However, the watch commander may make exceptions on a case-by-case basis, based on exceptional operational needs.  The watch commander shall document the exceptional operational need in the Non-Categorical Use of Force Internal Process Report (IPR).  Under no circumstances shall a supervisor involved in a use of force incident be permitted to conduct the investigation.

Note: An involved supervisor is defined as a supervisor who provided guidance or direction during the use of force, or participated in on-scene pre-planning or directing related to the incident. A supervisor who participated in or witnessed the use of force, planned the event, or was present at a forced blood withdrawal from a suspect shall not investigate the incident.

The supervisor assigned to conduct the investigation shall:

  • Respond and conduct an on-scene investigation;

Exception: When an on-scene investigation is impractical due to exigent circumstances, such as a hostile group or an off-duty employee’s distance from the City, the supervisor shall consult with his/her watch commander or officer in charge and arrange for a reasonable alternative.

  • Collect and preserve all appropriate evidence and canvas the scene to locate witnesses, when appropriate;

  • Conduct individual interviews with the subject of the use of force, witnesses, and all Department employees who either witnessed and/or were involved in the incident (group interviews are prohibited);

  • Determine an initial classification of the Non-Categorical use of force as either a Level I or Level II incident;

  • Identify and document any inconsistencies from interviews conducted;

  • Interview all involved supervisors regarding their actions taken;

  • Review any related crime and/or arrest report or Employee’s Report, Form 15.07.00, after it has been approved by the watch commander/OIC but prior to completing the use of force investigation, to ensure that the incident as depicted in the related report(s) is consistent with the use of force investigation. A Follow-up Investigation, Form 03.14.00, may be used to make any necessary corrections to the related report or to provide additional information;

  • Complete a Non-Categorical Use of Force Report, Form 01.67.05, including an attached narrative; and,

  • Forward the completed Non-Categorical Use of Force Report along with all related reports, to the watch commander/officer in charge. Generally, a Non-Categorical Use of Force Report should be completed before the investigating supervisor's end of watch. However, complex incidents may require additional time not to exceed two calendar days following the incident.

Watch Commander’s Responsibility. A watch commander/Officer In Charge (OIC) reviewing a Non-Categorical use of force investigation shall document his/her insight on a Non-Categorical Use of Force Internal Process Report, Form 01.67.04. As part of this evaluation, watch commanders/OICs shall:

  • Evaluate whether or not the amount of force used was reasonable and consistent with actions reported by the involved Department employee(s), ensuring that all relevant tactical, use of force, and policy issues are addressed.  The watch commander/OIC shall evaluate the force that was used, not the force options that could have been considered;

  • Ensure that all supervisors are interviewed regarding their conduct at the scene during the incident; and,

  • Evaluate the actions of each of these supervisors.

Report Approval. Non-Categorical use of force investigations and any related report(s) (i.e., the crime and/or arrest report or Form 15.07.00), shall be approved by an on-duty watch commander/OIC or designee of supervisory rank. The supervisor who conducted the Non-Categorical use of force investigation shall not approve the Non-Categorical Use of Force Report or the related report(s).

Note: The watch commander/OIC approving the use of force investigation is not required to be the same watch commander/OIC who reviewed and approved the related report(s). Generally, the involved Department employee’s chain of command will conduct and approve the use of force investigation.

Example: Officers from Metropolitan Division (Metro) submit an arrest report to the watch commander, Area of occurrence, while the Metro supervisor assigned to investigate the related use of force submits the completed investigation to his/her Metro OIC.

245.11 NON - CATEGORICAL USE OF FORCE REPORTING LEVELS. All Non-Categorical use of force incidents shall be initially classified by the investigating supervisor as either a Level I or Level II incident.

Level I Incident. A Non-Categorical use of force shall be reported as a Level I incident under the following circumstances:

1. An allegation of unauthorized force is made regarding the force used by a Department employee(s); or,

2. The force used results in a serious injury, such as a broken bone, dislocation, an injury requiring sutures, etc., that does not rise to the level of a

    Categorical use of force incident; or,

Note: If the investigating supervisor is unable to verify the seriousness of an injury or complained of injury, it shall be reported as a Level I incident. If the injury requires admission to a hospital, the incident becomes a Categorical use of force and will be investigated by Force Investigation Division.

3. The injuries to the person upon whom force was used are inconsistent with the amount or type of force reported by involved Department employee(s); or,

4. Accounts of the incident provided by witnesses and/or the subject of the use of force substantially conflict with the involved employee(s) account.

Level II Incident. All other reportable Non-Categorical uses of force that do not meet Level I criteria shall be reported as Level II incidents. This will include the use of an impact device or less-lethal munitions with hits (Refer to Manual Section 4/245.13 for Level II reporting guidelines).

Note: If the use of an impact device or less-lethal munitions causes a serious injury such as a broken bone, dislocation, or an injury requiring sutures, etc., and does not rise to the level of a Categorical use of force, it shall be reported as a Level I incident. Department employees are reminded that any person struck with a baton shall be transported to a Department approved medical facility for medical treatment prior to booking.

245.12 COMPLETING THE NARRATIVE – LEVEL I INCIDENT. In addition to completing pages 1, 2, and 3 of the Non-Categorical Use of Force Report, Form 01.67.05, supervisors investigating a Level I incident shall prepare and attach a narrative using the following headings:

1.  WITNESS STATEMENT(S). Supervisors shall interview the subject of force, witnesses, and all Department employees who either witnessed and/or were involved in the incident.

A brief written summary of the statement provided by the subject of the use of force and/or any witness is only required under this heading if:

  • The interview was not tape-recorded (not applicable to Department employees); or,

  • The person’s account of the use of force is in substantial conflict with the involved employee(s) account.

Example: “Gregory Jones. This witness stated that he saw a female officer strike the suspect with a closed fist. The involved officers stated that they did not strike the suspect at any time.”

Tape-Recording Witness Statements. Supervisors investigating a Level I incident shall tape record statements from the subject of the use of force and all non-Department employee witnesses.  Recorded interviews shall be conducted in accordance with Department guidelines established in Complaint Investigations: A Guide for Supervisors. If tape recording is not practical or an individual refuses to be tape recorded, the person shall be listed in the narrative under “Witnesses” along with a explanation as to why his/her interview was not tape-recorded and a brief written summary of his/her non-taped statement.

Example: “Janet Jones. This witness agreed to be interviewed on condition that she not be tape-recorded. Jones stated that she did not observe either of the responding officers strike the suspect.”

Tape-recording interviews with Department employees is not required. The related crime and/or arrest report or Form 15.07.00, will serve as documentation of the involved Department employee(s) statement. All tape recordings, including those from personal tape recorders, shall be booked at Scientific Investigation Division (SID) and have tape numbers issued. Tape numbers shall be documented in the Non-Categorical Use of Force Report.

Consistent Statements. Statements provided by witnessing Department employees that are consistent with events as depicted in the related report shall be noted. Likewise, if statements provided by non-Department employee witnesses are consistent, this similarly shall be documented.

Example: “The statements provided by the following witnessing Department employees – Officers Nuno, Blake and Ramirez - were consistent with the incident as depicted in the arrest report.”

If a person refuses to provide a statement, this shall be documented in this section. An attempt shall still be made to obtain the witness’s identifying information.

2.   INJURIES/MEDICAL TREATMENT. Document all visible and complained of injuries, including any medical treatment provided. All individuals receiving medical treatment shall be asked to sign an Authorization to Release Medical Information Form. If they refuse, the appropriate box shall be checked on the Non-Categorical Use of Force Report. If an individual is unable to sign the Authorization to Release Medical Information Form, supervisors shall explain why in this section (e.g., “Under the influence, psychological evaluation hold,” etc.).  If an individual is a juvenile (below 18 years of age) and the individual is not an emancipated minor, an officer shall provide the Authorization to Release Medical information Form to the juvenile’s parent or legal guardian.  The juvenile’s parent or legal guardian shall be asked to sign the Authorization to Release Medical Information Form on behalf of the juvenile and check the box below the signature.

Medical Release Obtained. If a signed Authorization to Release Medical Information Form is obtained, Department personnel shall collect the necessary injury and medical information in accordance with Manual Section 4/648. This includes attempting to collect and verify treatment information relevant to the use of force based on interviews with medical personnel.

Medical Release Not Obtained. Federal law now limits access to an individual’s medical history and treatment information. Therefore, if a signed Authorization to Release Medical Information Form is not obtained, supervisors shall not ask medical personnel for injury and treatment information pertaining to an individual upon whom force was used. Rather, supervisors shall attempt to collect medical information based on personal observations and/or statements from the subject of the use of force, the involved employee(s), and non-medical witnesses. Supervisors shall only collect the medical information necessary to complete the use of force investigation. 

Supervisors shall document medical treatment information on the face sheet of the Non-Categorical Use of Force Report and check the appropriate box to indicate the source of the information (i.e., “Verified” or provided by medical personnel; “Observed” and reported by (non-medical) witnesses and/or Department employees; or “Reported” by the subject of force. Only one box shall be checked. If verified information cannot be obtained, “Observed” is the next most desirable option, followed by information reported by the subject of the use of force.

Generally, it is permissible for Department employees to obtain medical information they may overhear or observe, as a bystander, if there is a legitimate law enforcement reason for their presence at the location (e.g., if a suspect in custody requires medical treatment, an officer may reasonably accompany him/her during treatment.) In such cases, information overheard from a treating physician shall be reported as “Verified,” and an explanation as to how the information was collected shall be provided. In all cases, supervisors shall document their efforts to obtain medical information in this section.

Example: “The suspect declined to sign a Authorization to Release Medical Information Form. However, Officer Jones stated that he heard the suspect advise Fire Department personnel that he believed his left arm was broken. According to Officer Jones, the suspect stated to him that he believed he may have injured his arm in an attempt to avoid handcuffing. I arrived at the hospital and observed the suspect with a cast on his left arm.” (In this case, supervisors would list “Possible Broken Arm” on the Non-Categorical Use of Force Report face sheet and check off “Observed.”)

Regardless of whether a signed Authorization to Release Medical Information Form is obtained, supervisors shall ask the subject of the use of force if and how he/she was injured and document the response in this section. Any documentation of medical treatment obtained by Department employees shall be listed under “Addenda” and attached to the Non-Categorical Use of Force Report.

Note: Due to potential criminal and civil liability issues, Department employees shall not accept any medical documentation regarding the subject of the use of force unless a signed Authorization to Release Medical Information Form is obtained.

3.   PHOTOGRAPHS AND OTHER EVIDENCE. Photographs should be taken and included in all Non-Categorical use of force (NCUOF) investigations. If a photograph is impractical (e.g., the subject of the use of force refuses to be photographed, etc.), an explanation shall be documented in the NCUOF report. Information related to photographic evidence should be documented in the Scene Canvassed for Physical Evidence section.  Investigating supervisors are to ensure photographs are taken of the following:

  •  The subject of the use of force to document visible injury and any complained injury locations.  Absent unavoidable circumstances, SID staff shall take photographs if required of exposed  breasts, buttocks, or genitalia;

Note: Photographs should always be taken of the impact locations when less lethal devices are used.

  •  Department employees to document visible injury and any complained of injury location resulting from the NCUOF incident or any evidence such as damaged equipment or torn uniform items;

  • The scene of the incident and evidence collected if it is relevant to the use of force and/or sustained injuries;

  • The vantage point of a witness when it may prove useful in resolving conflicting statements between witnesses as it relates to the use of force; and,

  • Additional photographs may be taken at the discretion of the investigating supervisor for evidentiary purposes.  This includes cases where a criminal filing may be sought, such as battery against a police officer.

Photographs taken with a digital camera by Department employees will suffice for recording Level II and Level I investigations, although photographs taken by SID are preferred for Level I investigations.  All photographs, including those taken by SID, should be attached and listed individually in the Addenda and Attachments Sections of the NCUOF Report.  A brief description of each photograph shall be included in this section. Photographs taken by SID shall reflect the appropriate reference number obtained from SID. Compact disks containing photographs shall be placed in an envelope and the envelope marked with the corresponding reference number.

4.        INVESTIGATING SUPERVISOR’S NOTES. Supervisors shall use this heading to address substantial conflicts and/or discrepancies between statements provided by a witness or the subject of the use of force and statements provided by involved Department employees. To assist in the evaluation of these differences, supervisors shall attempt to establish each witness’s vantage point when they observed the use of force, as well as any other variables such as time of day, lighting, weather conditions, noise level, or traffic patterns.

Requirements for Witnessing Investigating Supervisor. Investigating supervisors who witnessed the incident shall summarize their observations in this section and list themselves as a witness under “Witnesses/Non-Involved Employee Witnesses” on the Non-Categorical Use of Force Report.

Verbal Warning Requirements. Department employees are, in certain circumstances, required to provide a verbal warning prior to the use of less-lethal force. This section shall be used to document the name of the employee giving the warning and what was said. Likewise, in cases where a warning was required but not given, supervisors shall provide an explanation here. If no warning was required, no documentation is necessary.

Any other information relevant to the investigation that does not fall under the previous headings may be documented in this section.

5.   ADDENDA. Supervisors shall numerically list all addenda items (attachments) to the Non-Categorical Use of Force Report (e.g., 1. Arrest Report 2. Vehicle Impound Report 3. Authorization for Release of Medical Information, etc.) and include a brief description of each item. The number that corresponds to the listed item shall be written in red pen or pencil on the lower right corner of each attached document.

245.13 REPORTING LEVEL II INCIDENTS. The process for documenting/ reporting Level II incidents shall mirror that of a Level I incident, with the following exceptions:

  • Tape-recording non-Department employee witnesses is optional;

  • The requirement for an “Incident Overview” is eliminated; and,

  • The requirement to document any witness statements in the narrative of the Non-Categorical Use of Force Report is eliminated. The related crime and/or arrest report or Form 15.07.00 will serve as documentation of statements for the subject of the use of force, witnesses, and involved Department employees. Any discrepancies between statements shall still be addressed in “Investigating Supervisor’s Notes.”

Note: Discrepancies that constitute a substantial conflict between witness or suspect accounts and the involved employee(s) account shall be reported as a Level I incident.

245.50 DEPLOYMENT OF THE PATROL RIFLE AND SLUG AMMUNITION.  Qualified Patrol Rifle or Slug Ammunition personnel may deploy their firearms in field operations, in accordance with Department Manual Sections 3/610.17, Deployment of the Patrol Rifle and   3/611.60 Deployment of Slug Ammunition, as they determine necessary, just as they would any other Department-approved firearm.  However, personnel must be able to articulate the reason(s) for drawing, exhibiting and deploying the firearm(s), Patrol Rifle, or Slug Ammunition.  The articulable facts justifying the action shall meet the Department’s Use of Force Policy.

Communications Division’s Responsibility. Upon receiving a “Code Robert” request, Communications Division personnel shall:

  • Broadcast an all units “Code Robert-UPR” or “Code Robert-Slug” and the location of the request;

  • Assign the call to a UPR or SSA equipped unit; and,

  • Assign a supervisor to respond.

In most cases, the frequency should remain on stand-by until the incident is resolved or the units move to a tactical frequency.

Responsibility of Personnel Equipped with a Patrol Rifle or Slug Ammunition. Only personnel who are Patrol Rifle or Slug Ammunition trained and certified are authorized to deploy the Patrol Rifle or Slug Ammunition in the field.  Personnel who are equipped with the Patrol Rifle or Slug Ammunition shall respond to those requests for a Patrol Rifle or Slug Ammunition as assigned.

Supervisor’s Responsibility. A supervisor shall:

  • Respond to each “Code Robert” request and take charge of the tactical incident;

  • Determine if the incident is within the capability of the unit(s) at scene or if Special Weapons and Tactics (SWAT) Team should be requested; and,

  • Make the necessary notifications and follow existing Department policies and procedures if and firearm is discharged.

Watch Commander’s Responsibility. Each patrol and traffic watch commander shall ensure that:

  • UPR and SSA equipment is available at all times for response to a field incident;

  • UPR and SSA trained personnel are deployed on each watch;

  • A “UPR” or “SSA” notation is made on the Daily Work Sheet, Form 15.26, and on the Area Command Center Mobile Field Force roster indicating the units which are deployed with a UPR and/or SSA; and,

  • A supervisor is dispatched to all “Code Robert” requests.

Commanding Officer’s Responsibility. Commanding officers shall maintain a current list of officers within their command who are trained and certified to deploy the Patrol Rifle and/or Slug Ammunition.  This roster may be obtained from Training Division.

Training Division’s Responsibility.  Training Division is responsible for maintaining rosters of the Patrol Rifle and Slug Ammunition Cadres that will indicate whether trained and certified personnel are “Active” or “Inactive.”  Certified personnel are those who have successfully passed training and comply with the required qualification schedules.

246. NON-LETHAL CONTROL DEVICES.

246.10 TASER GUIDELINES.

"CODE TOM." When an employee needs a TASER, the employee shall broadcast the unit designation, location and "Code Tom."

"Code Tom" is a "Code Two" call for the unit assigned the call. If the field situation changes and the TASER is no longer needed at the scene, the requesting officer shall broadcast a cancellation of the "Code Tom."

The TASER'S built‑in flashlight shall be used only when it is anticipated that the TASER will be used in use‑of‑force situations or in emergencies in which officer safety is a factor as outlined in Manual Section 1/573.

Officer’s Responsibility. Each authorized officer shall:

  • Sign out a freshly charged, unloaded TASER and four dart cassettes. If a freshly charged TASER is not available, the officer should obtain one that has been charged within the past 24 hours. In no event shall a TASER that has not been charged within 24 hours be signed out; and,

  • Respond "Code Two" to "Code Tom" requests when assigned.

Note: The use of a TASER requires the completion of a Non-Categorical Use of Force Report, Form 01.67.05, if it makes contact with a person. Under any circumstances, the discharge of a less-lethal projectile weapon (e.g., beanbag shotgun, TASER, 37mm or 40mm projectile launcher, any chemical control dispenser or Compressed Air Projectile System) that does not contact a person is not reportable as a Non-Categorical use of force. Such incidents shall be reported on an Employee's Report, Form 15.07.00, and submitted to the commanding officer for review and appropriate action. After all risk management, misconduct, or policy issues are identified, the Form 15.07.00 shall be forwarded to Personnel and Training Bureau for review and retention.

The report shall be completed by a non-involved supervisor who shall:

  • Ensure that the Use of Force box on all related reports is marked and the word “TASER” is written next to the box; and,

  • Sign in the unloaded TASER, along with any unused dart cassettes, at the end of each tour of duty.

246.15 CHEMICAL IRRITANT CONTROL DEVICE GUIDELINES.

Issue of Chemical Irritant Control Devices. Chemical irritant control devices shall be issued in accordance with the following guidelines:

  • Uniformed officers shall be issued a large (120 gram) chemical irritant control device and large holster;

  • Case carrying detectives shall be issued a small (22 gram) chemical irritant control device and small holster;

  • Undercover or plainclothes officers working in staff assignments may be issued a small device and holster at the discretion of their commanding officer, based on an assessment of the particular officer's on‑duty need for the device; and,

Note: Employees transferring between uniformed and undercover or plainclothes assignments requiring large and small devices shall retain their currently issued device until it expires, is emptied, or the employee separates from City employment.

  • Employees shall carry their currently issued device in the event of an unusual occurrence (UO) requiring them to be temporarily deployed in uniform.

On‑Duty Possession and Use of Chemical Irritant Control Devices. Officers shall possess and maintain Department‑authorized chemical irritant control devices subject to the following guidelines:

  • Prior to possessing a chemical irritant control device in an on‑duty capacity, personnel shall have successfully completed the Department‑sponsored course of instruction;

  • Uniformed field personnel shall carry the device in its holster on the equipment belt between the ammunition case and the baton holder;

  • Plainclothes and non‑field uniformed personnel may carry the device consistent with the needs of their assignment or at the direction of their commanding officer;

  • The use of a chemical irritant control device that contacts a person requires the completion of a Non-Categorical Use of Force Report, Form 01.67.05. Officers shall mark the Use of Force box on all related reports and write the words "chemical spray" next to the box; and,

  • Canisters involved in any type of malfunction shall be replaced in accordance with Manual Section 3/376.

Off‑Duty Possession and Use of Chemical Irritant Control Devices. Off‑duty officers may possess a chemical irritant control device provided they have successfully completed the Department‑sponsored course of instruction, or possess a valid California State permit for possession of a chemical irritant control device.

When an off‑duty officer becomes involved in a situation in which a chemical irritant control device is used and the officer's occupation as a peace officer is a factor, the officer shall:

  • Report the full details of the use of force in a related Department arrest or crime report;

  • Use an Employee's Report, Form 15.07.00, to report the incident when a crime or arrest report is not required;

  • Ensure that the Use of Force box on the arrest or crime report is marked and the words "chemical spray control device" is written next to the box; and,

  • Submit any related reports to an assigned supervisor no later than the next regularly scheduled tour of duty.

246.20 AREA/DIVISIONAL ARMORER (NONLETHAL CONTROL DEVICES COORDINATOR)-RESPONSIBILITY. Each Area/division Armorer (Non-lethal Control Devices Coordinator) shall:

  • Receive, inspect and ensure the maintenance and replacement of non-lethal control devices assigned to the Area/division;

  • Establish systems to store and issue TASERs and chemical irritant control devices;

  • Establish a rotation system to ensure that TASER devices are electrically charged before being issued;

  • Calibrate the TASERs at least once every six months as demonstrated by Training Division;

  • Return defective or damaged TASER dart cassettes to  the Defense Tactics Section, Training Division, Davis Training Facility;

  • Obtain service and/or replacements for defective or damaged TASERs and their components from Training Division;

  • Ensure that expired chemical irritant control device canisters are replaced; and,

  • Maintain a file of completed Non-Categorical Use of Force Reports, Form 01.67.05.

246.25 COMMANDING OFFICER’S RESPONSIBILITY.

Bureau Commanding Officers.  Bureau commanding officers shall ensure that Areas/divisions under their command forward the results of the TASER audits to the bureau on a quarterly basis.  The bureau shall forward a consolidated report of the TASER audits to the Evaluation and Administration Section, Office of Operations, on a quarterly basis.

Area/division Commanding Officers. Each commanding officer whose employees are equipped with non-lethal control devices shall:

  • Coordinate the repair and replacement of damaged TASERS with Training Division through the Area/divisional armorer;

  • Conduct monthly TASER audits; and,

Note:  The audit should include, but not be limited to, the number of available TASERS, the number of properly functioning TASERS, the number of B/O TASERS, and the number of TASERS sent to Training Division for repair or replacement.

  • On a quarterly basis, forward the results of the TASER audits to the respective bureau.

246.30 TRAINING DIVISIONS RESPONSIBILITIES.  Training Division shall review and maintain the TASER audits. Additionally, Training Division personnel shall provide training and assistance in calibrating and resolving any other TASER related logistical problems.

247. REPORTING INCIDENTS INVOLVING RETIRED PEACE OFFICERS. An employee who encounters a retired peace officer from this Department or any other law enforcement agency shall forward a copy of all related reports to the Commanding Officer, Personnel Division, fully describing the incident when the individual:

  • Is suffering from an emotional or nervous disorder;

  • Has been committed either voluntarily or involuntarily to any hospital, mental institution or other facility for the use of alcohol, drugs or narcotics; or,

  • Has committed an act of misconduct or been arrested for any crime involving moral turpitude, dishonesty, the use of narcotics, drugs, alcohol, or other intoxicants or for brandishing, discharge or use of any firearm or otherwise comes under the close scrutiny of any law enforcement agency.

When a crime or arrest report is not required, the incident shall be reported on an Employee's Report, Form 15.07.00.

The Commanding Officer, Personnel Division, shall review the related reports, initiate an investigation and, when appropriate, revoke the retired police officer's privilege to carry a concealed firearm. He or she shall also ensure that appropriate notification is made when an individual retired from another agency is encountered under any of the described conditions.

Note: Retired peace officers are required to possess an identification card bearing an endorsement authorizing the possession of a concealed or loaded firearm.

248. THEFT.

248.10 IDENTITY THEFT. The victim of Identity Theft is the person or business whose identity has been fraudulently assumed by another with the intent to obtain credit, goods, or services without the victim’s consent. No financial loss is necessary.

An Identity Theft Report should not normally be taken when a related crime report has already been filed with any law enforcement agency. If a resident of Los Angeles is not satisfied that another forgery-related report is sufficient, complete an Identity Theft Report. Note in the narrative, “victim insisted on report” and reference related reports.

The location of occurrence for an Identity Theft is the victim’s residence. Therefore, non-residents should be referred to the law enforcement agency having jurisdiction over their residence.

Note: If a business is the victim, the location of occurrence for an Identity Theft is the business address.

Identity Theft Reports shall not normally be taken telephonically. Residents of the City making telephonic inquiries should be directed to appear in person at the nearest Police Station with copies of supporting documentation and identification to file a report.

Note: Courtesy Reports shall conform to Manual Section 5/030.05.

Officers conducting a preliminary investigation of an Identity Theft shall include with the report the following:

  • Include all copies of documents supporting the allegation (credit reports, invoices, demand letters, affidavits of forgery, etc.) as pages of the report. If these documents are not available, explain in the narrative;

  • Attach a copy of the victim’s identification as a report page. If the victim is not in possession of identification at the time of the report, explain in the narrative;

  • Include all notifications made by the victim to any financial institutions or credit reporting agencies in the narrative portion of the report; and,

  • Complete a Forgery/Identity Theft Supplemental (FIS), Form 03.07.00 and attach it as a page to the IR

The employee completing an initial financial loss theft report shall also provide the victim with a Victim’s Supplemental Financial Loss Report, Form 03.05.00 and a copy of the Investigative Report face sheet.  The employee shall complete the shaded area at the top of the Victim’s Supplemental Financial Loss Report, briefly explain its use and leave it with the victim for reporting future loss.

248.15 ATM CARD FRAUD – DEFINED. An Automated Teller Machine (ATM) card fraud occurs when an unauthorized person uses an ATM card to fraudulently access funds from checking or savings accounts that belong to another person, without their consent, through the use of an automated teller machine. The victim of an ATM card fraud is the person to whom the account belongs and not the financial institution.

Officer’s Responsibility. Officers conducting a preliminary investigation of an ATM card fraud shall complete a Investigative Report, Form 03.01.00, and FIS titled “Identity Theft,” and include the following information:

  • The exact location of the ATM utilized to commit the fraud;

Note: Location of occurrence will be the location where the ATM was used to commit the fraud. This information may be obtained from the financial institution holding the account. If the ATM location cannot be determined, then advise the victim to contact his/her financial institution before a report can be taken. However, if the victim insists on a report, and meets all other criteria, then a Investigative Report shall be completed.

  • The amount of money taken;

  • Whether the victim is still in possession of his/her ATM card; and,

  • Whether the victim has given his/her Personal Identification Number (PIN) to anyone.

They shall also provide the victim with a Victim’s Supplemental Financial Loss Report, Form 03.05.00 and a copy of the Investigative Report face sheet.  The employee shall complete the shaded area at the top of the Victim’s Supplemental Financial Loss Report, briefly explain its use and leave it with the victim for reporting future loss.

Commercial Crimes Division’s Responsibility. Fraud cases by means of an ATM card shall be investigated by Forgery Section, Commercial Crimes Division.  The detective receiving the Victim’s Supplemental Financial Loss Report from a reporting victim shall ensure that the information is legible, complete and accurate before signing the report.

When the Victim’s Supplemental Financial Loss Report is used to report additional financial loss, a separate Follow-up Investigation, Form 03.14.00 is not required.

Note: Burglary theft, or vandalism of an ATM will continue to be the investigative responsibility of the geographic detectives.

248.20 FALSE PERSONATION. The victim of False Personation is the person whose identity or personal information is used by another person that could result in the victim becoming liable for any suit or prosecution.

Officer’s Responsibility. Officers conducting a preliminary investigation of a false personation case shall:

  • Complete a Investigative Report, titled “False Personation,” unless a related crime report has been completed by another law enforcement agency;

  • Include photocopies of all documents supporting the allegation of false personation as pages of the report. If these documents are not available, explain the reason in the narrative of the report;

  • Include a copy of the victim’s identification as a page of the report. If unable to attach a copy, explain the reason in the narrative of the report;

  • Provide the victim with a Victim’s Supplemental Financial Loss Report, Form 03.05.00.   The employee shall complete the shaded area at the top of the Victim’s Supplemental Financial Loss Report, briefly explain its use and leave it with the victim for reporting future loss; and

  • Generally not complete reports telephonically. If the crime occurred in the City, the victim should be directed to appear in person at the nearest Area Community Police Station with copies of supporting documentation and identification to file a report.

Note: The elements of the crime of false personation require that a suspect successfully complete the act, which might result in criminal or civil liability for the victim. If a suspect attempts to personate another at the time of arrest, booking, traffic citation or traffic report, officers should handle the investigation via arrest for the appropriate violation (e.g., Penal Code Section 148.9 or Vehicle Code Section 31) or, if arrested for a more serious crime, include the information in the narrative of the report and request additional filing.

Area Detective Division’s Responsibility. False personation cases resulting from any arrest or any other incident, excluding a traffic citation or traffic report, shall be investigated by the Area Detective Division in the Area of occurrence.

Area Traffic Detective Section’s Responsibility. False personation cases resulting from a Traffic Notice to Appear (citation) or traffic collision report shall be investigated by the traffic detective section responsible for the Area of occurrence.

Note: The detective receiving the Victim’s Supplemental Financial Loss Report from a reporting victim shall ensure that the information is legible, complete and accurate before signing the report.  When the Victim’s Supplemental Financial Loss Report is used to report additional financial loss, a separate Follow-up Investigation, Form 03.14.00 is not required.

248.30 THEFT OF BLANK CHECKS. Officers conducting a preliminary investigation of a theft where blank checks might reasonably have been taken shall request the victim to determine whether any blank personalized or business checks are missing. When such checks are missing, the following information shall be included in the crime report:

  • Number of checks taken;

  • Type of checks (business, payroll, or personalized);

  • The firm's (or person's) name and address, when printed on checks.

  • The color of the missing checks;

  • The serial numbers of the missing checks; and,

  • The name and address of the bank on which the checks are drawn.

248.40 STOLEN, LOST OR RECOVERED BOATS. When reporting, lost or recovered boats, reporting employees shall:

  • Complete a Vessel Report, Form 12.08.00, for each boat or boat engine/transmission which is stolen, lost, recovered, found or impounded.

  • Query the Department of Motor Vehicles' Vessel Registration File and the State's Automated Boat System through the Area/division records unit, prior to contacting the Vehicle Information Processing Unit (VIPU), Records and Identification Division. Reporting employees shall mark the SVS/ABS box upon completion.

DR Numbers.

  • Each Vehicle Investigation requires a separate vehicle DR number. If more than one boat or boat engine/transmission is stolen, each requires a separate DR number.

Exception: When an outboard engine(s) is attached to or accompanies a stolen or lost boat, a separate report and separate DR number is not required. All information relative to the outboard engine(s) shall be entered in the narrative portion of the report and submitted to VIPU. When a boat is recovered and a previously reported outboard engine(s) is missing, a Follow‑up Investigation, Form 03.14.00, shall be completed by the concerned detective using the same DR number as the recovered vehicle report.

  • A recovered or found report shall bear the same DR number as the original stolen or lost report.

Completion. Reporting employees shall completely describe the boat by documenting the following information, if known, in the proper boxes on the Vessel Report, Form 12.08.00:

  • State or country of registration, registration number and year of expiration.

  • Manufacturer or builder and the use or general design (sail, cruiser, jet ski, etc.).

  • Primary type or mode of propulsion (inboard, outboard, sail, etc.).

  • Primary color.

  • Inboard or outboard engine number(s).

  • Builder's or State‑issued hull identification number (BHN).

  • File Control Number and the two‑character "associate record identifier", if it appears on the Automated Boat System (ABS) teletype.

The following additional information, if known, shall be included in the narrative portion of the report:

  • Length.

  • Hull material.

  • Owner‑applied name/number.

248.50 LOST OR STOLEN BOAT ENGINES. Boat engines shall be completely described and identified. The following information, if known, shall be included in reports involving boat engines or lost or stolen boats:

  • Year.

  • Make.

  • Model.

  • Engine number.

  • Horsepower rating.

  • Inboard or outboard.

  • Number of cylinders.

  • Type (gas, diesel, or jet).

  • Shaft length.

  • Electric or manual start.

248.60 LOST OR STOLEN AIRCRAFT. When reporting lost or stolen aircraft, officers shall completely describe the aircraft by documenting the following information, if known, in the proper boxes on the Vehicle Report, CHP Form 180:

  • Present owner's name.

  • Aircraft registration number and year of registration.

  • Make and model.

  • Name of manufacturer.

  • Year manufactured and type of aircraft.

  • Color of aircraft.

  • Aircraft identification number.

Note: Officers shall request a Vehicle DR number from the Automated Vehicle and Property Section, Records and Identification Division when reporting lost or stolen aircraft.

The following additional information, if known, shall be included in the narrative portion of the report:

  • Type of propulsion and number of engines.

  • Landing gear serial number.

  • Markings.

  • Make, model, and serial number of the radio and navigation equipment on board.

  • Number of seats (places).

  • Whether passenger, non-passenger, or freight.

  • Whether private, commercial, or military.

248.70 THEFT TOTALING $5000 OR MORE - NOTIFICATION. Officers conducting a preliminary investigation of a theft in which property valued at $5000 or more was taken, in addition to completing the required reports, shall notify the concerned investigative unit of the theft.

Note:  When the concerned investigative unit is closed and property valued at $50,000 or more is taken, notification shall be made to Detective Support and Vice Division.

252. FORCIBLE RAPE.

252.10 REPORTING A FORCIBLE RAPE. A person desiring to make a forcible rape crime report shall be referred to the concerned investigative division for determination as to whether a report shall be taken when the offense is alleged to have occurred more than thirty days prior to the date reported to the Department.

252.12 REJECTION OF FORCIBLE RAPE REPORTS. When an investigating officer determines that a forcible rape crime report should not be taken for an offense alleged to have occurred more than thirty days prior, he/she shall immediately submit an Intradepartmental Correspondence, Form 15.02.00, to Robbery‑Homicide Division. The report shall include:

  • Victim's name and address.

  • Date and time alleged offense was reported to the Department.

  • Date and time alleged offense occurred.

  • Reasons for not accepting the report.

258. NARCOTICS AND DANGEROUS DRUGS.

258.10 NARCOTIC OR DANGEROUS DRUG EVIDENCE ON ARRESTEE'S PREMISES. When narcotics, dangerous drugs, or equipment employed in the preparation or use of narcotics are found, not on the person of an arrestee but in any room, apartment building, or other premises occupied, controlled, or used by him, officers shall:

  • Determine the name and address of the manager or landlord of the premises.

  • Gather all mail and communications addressed to the arrestee at the location. Mail in a mailbox or mail receptacle shall not be removed by officers-only by the arrestee or his/her authorized representative.

  • Determine the location of the key to the premises. When the key is in the possession of the arrestee, it shall be booked as evidence.

  • Notify the manager or landlord, if present, of the arrest and obtain a statement from him/her as to the arrestee's status as tenant or occupant of the premises.

  • Book all physical evidence gathered (Manual Section 4/525.).

The results of the foregoing operations shall be indicated in the Arrest Report, Form 05.02.00.

258.14 RECEIVING NARCOTIC INFORMATION. The Narcotics Report, Form 03.19.00 shall be used to report the existence of narcotics activity reported to, or observed by officers, except when an arrest is made at the time of the violation. Additionally, this form shall be used to report narcotics conditions outside the City, which come to the attention of officers of this Department.

EMPLOYEE’S RESPONSIBILITIES.  Narcotics activity in progress and in plain view. Any Department employee receiving information regarding the existence of narcotics activity from any source shall determine if the narcotics activity is in progress and in plain view. If these criteria are met, Communications Division shall be notified, and a call for service shall be generated. A Narcotics Report is not required.

Narcotics activity not in progress. When a Department employee receives information from a Person Reporting (PR), regarding narcotics activity that is not in progress, not specific as to the location or the suspects involved, the employee may confer with Narcotics Enforcement Detail (NED) and/or the concerned Area Senior Lead Officer (SLO) for proper handling.

       Note: Some investigations may require a notification to the concerned Area NED, OIC (e.g., chronic location).

Narcotics activity with a specific suspect and/or not in progress or plain view. If the reported narcotic activity involves information on a specific suspect and/or location and the illegal activity is not in progress or in plain view, then a Narcotics Report shall be completed. The reporting employee may deviate from the above procedure, with supervisory approval, if the information provided indicates that the investigation would best be handled by the concerned Area NED. In those cases, a supervisor shall explain in their Sergeant’s Daily Report, Form 15.48.00, the reason for the deviation.

 Note: If the reported narcotics information is occurring outside the City, the officer shall provide contact information (e.g., the telephone number of the concerned police department) to the reporting party. If the reporting party requests completion of a Narcotics Report, the officer shall complete the report and submit it to the concerned supervisor for approval.

 

258.17 REPORTING NARCOTIC ACTIVITY. The Form 03.19.00 shall be used to report narcotic conditions, except when an arrest is made at the time of violation. The Form 03.19.00 shall include all known information relative to suspects, locations, type of activity, and methods of operation.

Note: When narcotics and vice activity are complained of at the same location, the Narcotics Report, Form 03.19.00, shall be completed and the vice activity shall be included in the narrative portion of the report. The narcotics activity shall be investigated by narcotics investigating officers; if the vice condition continues to exist at the conclusion of the narcotics investigation, the concerned investigating officer shall complete a Vice Report, Form 03.18.00, including the vice information. A vice DR number shall be obtained and the Form 03.18.00 distributed in the appropriate manner.

SUPERVISOR’S RESPONSIBILITIES - 03.19.00 INTAKE. The supervisor reviewing the Narcotics Report shall review it for completeness prior to approving the report.

When the investigation would be beyond the resources of the concerned Area patrol division and the reporting officer completes a Narcotics Report, rather than a call for service, the supervisor reviewing the Narcotics Report shall:

  • Review the circumstances of the narcotics activity;

  • Determine if the narcotics activity should be investigated by the concerned Area Narcotics Enforcement Detail (NED);

  • Ensure that the Brief Description of Complaint section of the form is completed. Include the reason why a Narcotics Report was initiated;

  • Immediately forward the original Narcotics Report to Investigative Support detail (ISD); and,

  • Forward a copy of the Narcotics Report to the Gang Impact Team (GIT) Officer in Charge (OIC) of the concerned Area.

AREA COMMANDING OFFICER’S RESPONSIBILITY. The Area commanding officer shall ensure that each Narcotics Report assigned to their Area is investigated, tracked and closed-out as outlined in the Forms Use Link 5/03.19.00, in the LAPD E-Forms.

GANG AND NARCOTICS DIVISION’S RESPONSIBILITIES. Investigative Support Detail, Gang and Narcotics Division, is the Department entity responsible for the review, distribution, and tracking of Narcotics Reports. Upon receipt of a Narcotics Report, ISD shall:

  • Determine which Department entity is handling the investigation;

  • Review each Narcotics Report for completeness and assign a (DR) number;

  • Enter all applicable information from the Narcotics Report into the Narcotics Activity Reporting Control System (NARCS); and,

  • Retain a copy of the Narcotics Report, and forward the original to the concerned Area GIT OIC.

Note: Any additional Narcotics Reports completed for the same location that include additional information shall be marked “Follow-up”, and shall have the same DR number as the original Narcotics Report.

 

GANG IMPACT TEAM, OFFICER IN CHARGE, RESPONSIBILITIES. A GIT OIC, after receiving a Narcotics Report shall:

  • Immediately review the Narcotics Report and forward it to the NED OIC for investigation;

  • Review and approve each completed Narcotics Report; and,

  • Return the completed Narcotics Report to the investigating NED for filing and storage for future reference.

GANG AND NARCOTICS DIVISION (GND) AND AREA NARCOTICS ENFORCEMENT DETAIL, OFFICER IN CHARGE (OIC), RESPONSIBILITIES. After receiving a Narcotics Report, the GND or Area NED OIC shall:

  • Immediately review and assign the Narcotics Report for investigation;

  • Ensure that an entry in NARCS indicates the investigating officer’s name and the due date;

  • After the conclusion of the investigation, review the completed Narcotics Report;

  • Approve the completed Narcotics Report prior to closing out the report in the NARCS database;

  • Ensure that NARCS is updated with any additional information from the completed Narcotics Report;

  • Approve the completed Narcotics Reports within seven calendar days from when the investigation was closed and submitted by the investigating officer;

  • Area NEDs shall retain the completed Narcotics Report, file and store for future reference; and,

  • Once the Form 03.19.00 has been closed in the NARCS system, GND shall print and file a copy of the Form 03.19.00 face sheet.

GANG AND NARCOTICS DIVISION (GND) AND AREA NARCOTICS ENFORCEMENT DETAIL (NED) OFFICER’S RESPONSIBILITIES. After receiving a Narcotics Report for investigation, the GND or NED investigating officer shall:

  • When possible, the 03.19.00 investigation shall be completed and properly closed out within 45 calendar days; if not completed within 45 calendar days, extension(s) may be granted in accordance with the procedures detailed below in the Narcotics Report Investigation Time Limit section;

  • When known, conduct an interview of the complainant and witnesses, as soon as practicable;

  • Complete the Investigator’s Checklist Section on the Narcotics Report;

  • Identify all known suspects, and record pertinent information about them;

  • List the date and time of each investigation at the concerned location, and the work hours expended on each narcotics investigation;

  • Conduct a minimum of three field investigations to determine if the narcotics activity is taking place, and if those investigations fail to substantiate the activity, close-out the investigation as Unfounded;

  • Complete an additional Narcotics Report (follow-up) if the original investigation is not completed within 45 calendar days after being assigned;

  • Upon completion of the investigation, record the close-out classification; and,

  • Obtain supervisory review and approval for the completed Narcotics Report.

NARCOTICS REPORT INVESTIGATION TIME LIMITS. Investigating officers shall have 45 calendar days from the date the Narcotics Report is assigned to them to complete and close-out the investigation. When a narcotics investigation is not closed out within 45 calendar days after being assigned, the investigating officer shall complete an additional Narcotics Report (follow-up), using the same DR number, and comply with those procedures outlined in the Form Use link applicable to Form 03.19.00 in the LAPD E-Forms. The concerned Area GIT OIC may grant one additional 45 calendar day extension.  A second 45-day extension may be authorized by the Bureau GIT lieutenant.  Any extension beyond that would require GND approval.

Note: Extensions may be granted for particularly complex narcotics investigations (e.g., investigations requiring extended surveillance, resources, etc.), and investigations that are unavoidably delayed (e.g., due to higher priority investigations, Department Mobilizations, or Unusual Occurrences, etc.).

 

MASTER 3.19 – DEFINED. A Master 3.19 narcotics investigation may be initiated at a specific location or area when a chronic narcotic problem exists, and/or numerous complaints have been received over an extended period of time. A Master 3.19 is an alternative to conducting several separate narcotics investigations regarding the same ongoing, unresolved narcotics activity. A Master 3.19 investigation is maintained throughout the year, and closed out by December 31 of the same year. A Master 3.19 may be reopened on January 1, with a current year DR number.

Note:
Approval for a Master 3.19 shall be obtained from the Commanding Officer, ND.

NARCOTICS REPORT, CLOSE-OUT CLASSIFICATIONS.
Upon completion of the investigation, the Narcotics Report shall be closed-out using one of the following close-out classification categories:

  • Arrest. This category is used when at least one suspect is arrested for a narcotic-related offense that is related to information provided on the Narcotics Report.

Note: The Arrest Report shall not refer directly to the Narcotics Report. Such references  may result in public exposure of these reports during adjudication, and thereby jeopardize their confidentiality. It is sufficient to report the source of activity as a complained of narcotics condition or location.

  • Unfounded. This category is used when the investigation revealed that the suspect or location is not involved in the alleged narcotic activity. This category shall also be used when there is no such address and/or suspect at the location.

  • Abatement. This category is used when the complained of location has been abated or assigned to the Narcotics Abatement Unit, ND. This category requires that a Nuisance Abatement Report, Form 03.19.01, be initiated.

  • Other. This category is used when the investigating officer is unable to substantiate the alleged narcotic activity, and at least one suspect is arrested from that location for a non-narcotic offense. It is also used when the suspect has moved to another location and/or jurisdiction.

  • Investigative Support Detail. This category is used when the Narcotics Report is closed by ISD for administrative reasons (e.g., reporting party verified as mentally ill, the case is active with another agency, a duplicate Narcotics Report exists from the same complainant, etc.).

  • Insufficient Information. This category is used when the information provided in the Narcotics Report is vague, and/or incomplete, and the
    complainant wishes to remain anonymous, and/or is unable to provide any additional information.

Note: When known, prior to close-out, the investigator shall re-interview the PR, and provide them with the results of the investigation. The investigator shall also obtain and record the PR’s response to the narcotics investigation on the Narcotics Report. When applicable, contact the property owner(s), inform them of the problem and request their assistance during any future investigations.

 

SECURITY OF NARCOTICS REPORT INFORMATION. Information contained in a Narcotics Report is protected under Section 1040 of the Evidence Code. Information on a Narcotics Report shall not be released for distribution, or incorporated in any other police report. Due to the sensitive nature of narcotics investigations, all information contained in the Narcotics Report is confidential, and shall only be released on a need-to-know and right–to-know basis.

Information regarding the addresses of Narcotics Report locations shall be afforded the highest level of security (e.g., the information shall not be released to non-Department sources). Information regarding the identity of reporting parties shall not be released. However, limited information from the Narcotics Report (e.g., the number of Narcotics Reports by reporting district or Areas) may be released for crime analysis.
 

258.20 PHOTOGRAPHING NARCOTIC MARKS. Narcotic marks on arrestees shall be photographed at the location where the arrestee is booked, with the following exceptions:

  • Females who are to be booked into Sheriff's custody shall be photographed at the Photographic Section, Scientific Investigation Division (SID).

  • When the marks are on the private parts or unusual portions of the body, officers shall notify Photographic Section, Scientific Investigation Division, who shall take the photographs.

258.25 PRELIMINARY TESTING OF NARCOTICS AND DANGEROUS DRUGS.

Suspect in Custody. The watch commander or investigative supervisor giving booking advice in a narcotic or dangerous drug case shall:

  • Attempt to identify the suspected narcotic or dangerous drug visually, AND MAY,

  • Complete a preliminary drug test on the substance, on felony arrests, to corroborate the arresting officer's opinion.

  • A preliminary drug test shall be completed for misdemeanor arrests. When performed, these tests shall be completed in the presence of the arresting officer, but not in the presence of the arrestee.

Note: When multiple types of substances are involved, preliminary drug testing shall not be conducted after a positive result is obtained on any one substance. Dispose of the preliminary drug test kit once the test has been completed. The test kit shall not be booked into evidence.

When two successive tests on the same substance prove negative, no further preliminary drug tests shall be conducted on the substance. The substance, if believed to be contraband, shall be booked for laboratory analysis. The determination to book or release the suspect shall be based on the circumstances of the arrest.

258.30 OPIATE - URINE TEST.

Admonition of Arrestee. An arrestee who displays objective symptoms of being under the influence of an opiate shall be admonished according to the format on the Admonishment for Urine Test, Form 08.40.01.

Exception: If the charge is 23152 or 23153 VC, the arrestee shall be admonished according to the "Drug Admonition" format on the DUI Arrest Report, Form 05.02.05.

Obtaining Urine Sample. Urine samples shall be obtained from male arrestees at the location of booking in the presence of a male officer. Urine samples shall be obtained from female arrestees in the presence of a female officer at one of the locations listed in Manual Section 4/343.42.

When necessary, telephonic inquiry shall be made to locate a female officer. When it is impracticable for the female officer to respond to the arrestee's location, the arrestee shall be transported to the female officer's location. Urine tests shall be administered according to procedures outlined in Manual Section 4/343.42.

Exception: For opiate testing, there is no requirement that the arrestee void his/her bladder 20 minutes prior to providing the sample.

The time the sample was obtained and the name and serial number of the officer obtaining it shall be included in the arrest report.

Booking Urine Sample. The sample shall be booked according to procedures outlined in Manual Section 4/343.42.

260. PERSONS WITH A MENTAL ILLNESS.

260.10 PRIVATE PERSONS' REQUEST FOR INFORMATION. Private persons who inquire about treatment of persons with a mental illness or the filing of mental petitions shall be advised to telephone the City's 311 system and request to speak to an officer assigned to the Mental Evaluation Unit (MEU), Detective Support and Vice Division.

260.15 MENTAL EVALUATION UNIT NOTIFICATIONS. Any incident commander, crisis negotiation team, or officer who is in charge of an attempted suicide, barricaded suspect, or hostage incident shall notify the Mental Evaluation Unit, Detective Support and Vice Division, for information regarding the involved person.

260.20 TAKING PERSONS WITH A MENTAL ILLNESS INTO CUSTODY. When the only reason for detention is the person's suspected mental illness, MEU shall be contacted prior to transporting an apparently mentally ill person to any health facility or hospital.

Exception:  In those situations where the subject is injured and requires immediate medical treatment, MEU shall be contacted after the subject is transported to an appropriate medical facility.

Officers who detain a person with a suspected mental illness that results in the subject being placed on an involuntary hold at a health facility or hospital shall;

  • Notify MEU once the subject has been admitted; and,

  • Fax a copy of the Application for Mental Evaluation Hold to the MEU.

When a person is taken into custody for a criminal offense and the person is suspected of having a mental illness, MEU shall be contacted prior to the person being booked.  Officers shall also contact MEU if the person indicates that he/she has ever sought or obtained mental health treatment.

Note:  All telephone calls to MEU during off-hours are automatically rolled over to the Real-Time Analysis and Critical Response Division where officers will be provided with assistance.

Upon request, uniformed officers shall assist the Lanterman-Petris-Short Act-designated County Psychiatric Mobile Response Teams or the court-designated conservator in the apprehension of persons suffering from a mental illness, or violent mental patients who are being placed on a mental health hold.

260.25 FIREARMS OR OTHER DEADLY WEAPONS IN POSSESSION OF PERSONS WITH A MENTAL ILLNESS.

Officer's Responsibility. When a person is taken into custody because of his or her mental condition and is in possession of a firearm or other deadly weapon, the firearm or weapon shall be seized and booked as "Evidence," under the authority of 8102 of the Welfare and Institutions Code (WIC).  Officers shall telephonically notify the Mental Evaluation Unit (MEU) of the seizure of firearm(s) and be guided by the advice of the investigator on duty.

Note: For the purpose of this procedure, "deadly weapon", as used in Sections 8100, 8101, 8102, and 8103 WIC, means any weapon, the possession or concealed caring of which is prohibited by Penal Code Sections 19200(a), 20310, 20410, 20510, 20610, 20710, 20910, 21110, 21810, 22010, 22210, 22410, 24310, 24410, 24510, 24610, 24710, 30210(a), 30210(b), 31500, 32900, 33215, and 33600.

When the Mental Evaluation Unit (MEU), Detective Support and Vice Division has, verified that a patient with a mental illness, in possession of a weapon, has escaped from a designated mental hospital, the weapon shall be seized and booked as "Evidence" and the  patient with a mental illness should be booked for a felony under authority of 8103 (3)(f) (1) WIC, once he/she is captured.

Officers having probable cause to believe that a person with a mental illness owns, possesses, or has access to a firearm or any other deadly weapon located inside a residence or any other premises shall, when possible, obtain consent to search for the weapon. If consent cannot be obtained, officers shall contact MEU and be guided by the advice of the investigator on duty.

Note: If officers encounter a person with a mental illness they believe to be clearly incapable of providing an informed consent for a search, they shall contact MEU for advice.

A Receipt and Notice of Rights for Confiscated Firearms/Other Deadly Weapons, Form 10.10.05, shall be completed by the officer and given to any person with a mental illness from whom a firearm or other deadly weapon has been seized. Officers shall ensure that a copy of the Receipt and Notice of Rights for Confiscated Firearms/Other deadly Weapons is forwarded to MEU to prevent persons with a mental illness from recovering their firearms or weapons before they have been judged competent to own a firearm or weapon. Additionally, because of the legal complexities of the WIC, and in the interest of public safety, officers shall contact MEU for guidance prior to taking any person suspected with a mental illness into custody (Manual Section 4/260.20) and prior to releasing a confiscated firearm or weapon to a person with a mental illness.

260.40 TRANSPORTATION OF PERSONS WITH A MENTAL ILLNESS - REQUEST FOR AMBULANCE. Officers shall request an ambulance to transport persons with a mental illness only:

  • If the person is violent and requires restraint to the extent that he or she must be transported in a recumbent position; or,

  • If the person is injured or physically ill and is in need of immediate medical attention.

Note:  Los Angeles Fire Department (LAFD) personnel cannot refuse a request for transportation related to this issue.  If LAFD personnel refuse to transport a subject, the officers shall request a supervisor to assist with resolving the issue.

260.46 ACCOMPANYING PERSONS WITH A MENTAL ILLNESS. When a person with a mental illness is transported by ambulance, at least one officer shall ride in the ambulance with the person.

260.50 ENTERING PSYCHOPATHIC WARD - WEAPONS TO BE CHECKED. When a person with a mental illness is taken to any locked psychopathic ward the transporting officers shall secure their weapons at the Admittance Office, other approved holding facility, or other location of safety, before accompanying the person to the Psychopathic Ward.

 

Note:  Weapons shall include, but are not limited to, firearms, knives, tasers, oc sprays and batons.

260.52 PERSON CONFINED IN PSYCHOPATHIC WARD, LOS ANGELES COUNTY ‑ USC MEDICAL CENTER - PROPERTY DISPOSITION. When a person is confined in the Psychopathic Ward, Los Angeles County‑USC Medical Center, his/her personal property shall accompany him/her.

All firearms which are found in the possession of such person shall be taken from him/her and booked into the custody of the Department (Manual Section 4/260.25). Other weapons or articles with which he/she might injure himself/herself or others shall be taken from him/her and released to the deputy sheriff or hospital attendant receiving the person.

Arrestee to Psychopathic Ward. When the person to be confined is an arrestee, the deputy sheriff or the hospital attendant receiving the arrestee shall be given the arrestee's personal property and shall be required to sign a Property Receipt, Form 10.03.00.

Exception: Firearms shall be booked as "Evidence."

Non-arrestee to Psychopathic Ward. When the person to be confined is not an arrestee, officers shall not take custody of his or her personal property. Upon arrival at the Psychopathic Ward, transporting officers shall:

  • Release to the attendant any weapons or other articles that have been taken from the person with a mental illness;

Exception: Firearms shall be booked as "Evidence" (Manual Section 4/260.25).

  • Remain in the presence of the person with a mental illness while he/she is searched by the attendant;

  • Complete the Los Angeles County Department of Mental Health Patient Property Receipt, County Form No. MH-331, and provide it to the hospital staff; and,

  • Obtain a copy of the patient's Property Receipt from the hospital staff and attach it to the Daily Field Activities Report, Form 15.52.00.

Note: The transporting officers shall forward any receipts obtained to the Mental Evaluation Unit, Detective Support and Vice Division.

260.55 TRANSPORTATION OF A FEMALE WITH A MENTAL ILLNESS TO A STATE HOSPITAL. When practicable, a female person with a mental illness shall be transported to a State hospital with a relative or a female police officer in attendance.

260.60 APPREHENSION AND TRANSPORTATION ORDER SERVICE. A State of California Department of Mental Health Apprehension and Transportation Order          (A&T Order) issued to the Department shall be processed by the Mental Evaluation Unit, Detective Support and Vice Division, and forwarded by teletype to the concerned Area. The concerned Area commanding officer shall ensure that officers are assigned to execute the A&T Order.

 

Note:  If the assigned officers are unsuccessful at executing the A&T Order, the officers shall complete a Missing/Found Persons Investigation, Form 03.16.00, and handle the incident as a critical missing person investigation.

Officers assigned to apprehend a person named on an A&T Order shall contact the Mental Evaluation Unit prior to discharging their duties.

 

Note: Section 7325 of the Welfare and Institutions Code requires that the Department, upon receipt of an A&T Order issued by the State Department of Mental Health, shall apprehend, take into custody and deliver the person named in the order to a place authorized by the State Department of Health.

 

When practicable, the apprehension of a person with a mental illness, pursuant to an A&T Order, shall be made during daylight hours.

 

Juveniles. Juveniles shall be transported to a location designated by the Mental Evaluation Unit.

Adults. Adults shall be transported to the originating hospital, or to the Metropolitan State Hospital, 11401 Bloomfield Avenue, Norwalk, California.

262. ROBBERY.

262.10 211 IN PROGRESS CALL. All units in the vicinity of a 211 in progress call shall proceed directly to the location of the crime except:

  • When they are engaged in other duties.

  • When a Code Four or Code Four Adam has been broadcast.

262.15 211 JUST OCCURRED CALL. A unit other than the assigned unit shall go Code Six upon arrival at the scene of a 211 just occurred call. Other units upon hearing an unassigned unit go Code Six at the scene of a call shall then concentrate their efforts on searching the surrounding area.

262.20 DELAYED RESPONSE TO 211 CALL BY ASSIGNED UNIT. The communications control operator shall be notified by the officers assigned to a 211 call when they are engaged in duties which will delay their arrival at the scene.

262.58 IMMEDIATE INVESTIGATION-ROBBERY. When an immediate follow‑up investigation of a robbery should be made, the officers assigned to the call shall notify immediately, by telephone, the responsible investigating division. When the responsible division is not available, notification shall be made to Detective Support and Vice Division.

262.70 NON‑RESIDENT WITNESS TO ROBBERY. When a witness is not a resident of this City, or is a transient, a temporary local address, as well as his or her regular home address, shall be placed in the Investigative Report, Form 03.01.00. If the witness is intending to leave town shortly, the name and address of a friend or relative shall be placed in the Investigative Report.

262.90 SUBMITTING INVESTIGATIVE REPORTS OF ROBBERY FOR APPROVAL. An officer or a record clerk who completes a Investigative Report, Form 03.01.00, shall deliver it, without delay, to the supervisor responsible for approving reports.

263. POLICE ACTION ON FEDERAL COURTHOUSE PROPERTY. Personnel of this Department shall respond to major disturbances at the Federal Courthouse (Title 40 U.S. Code, Section 318b) after it has been verified that one of the following has made a request for assistance:

  • The United States Attorney for the Central District of California.

  • The acting United States Attorney for the Central District of California.

When policing a disturbance on Federal Courthouse property, Los Angeles Police Department supervisors will make all decisions necessary to perform enforcement activities and will be solely responsible for the supervision of Department personnel.

264. FEDERAL VIOLATIONS.

264.10 ADVICE BEFORE BOOKING FEDERAL VIOLATIONS. Prior to being booked, an interview shall be given to any person arrested or detained:

  • For the illegal wearing of service uniforms.

  • As an escaped military prisoner.

  • As a deserter.

Persons arrested or detained on the foregoing violations shall be interviewed by the geographic detectives or, when the detectives are not available, by the patrol division watch commander.

Booking preference shall be given to a state or municipal charge, if one exists.

264.15 COUNTERFEITING VIOLATIONS.

Definition of Counterfeit Currency. Counterfeit currency consists of any currency which has been fraudulently produced, printed, manufactured or forged, and which purports to be United States Currency; or, any United States Currency which has been altered or raised so as to portray a value other than its true face value.

Note: Although currency is most frequently counterfeited, the provisions outlined in this section apply to all forms of counterfeiting prohibited by Title 18, Section 472, of the U.S. Government Code. This includes coins, negotiable postage stamps, bonds, food stamps, etc.

Officer's Responsibility. Officers investigating a counterfeiting violation shall:

  • Notify Commercial Crimes Division or, when that office is closed, Detective Support and Vice Division, when any of the following conditions exist:

    • An arrest for a counterfeiting violation is made;

Note: Booking advice shall be obtained from Commercial Crimes Division or, when that office is closed, Detective Support and Vice Division. Booking approval shall only be obtained from the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division. Prior to booking, the U.S. Secret Service shall be contacted.

  • An investigation by the U.S. Secret Service is, or appears to be warranted;

  • Any of the following items is observed in a suspect's possession:

    • Counterfeit currency;

    • Raised currency (currency having the corners of larger bills illegally affixed to raise the face value);

    • An unusual number of corners cut from currency above two dollar denominations; and,

    • Currency of large denominations with ends torn off.

  • Book evidence in accordance with established procedures. (Manual Section 4/515.20)

Note: Counterfeit currency is not legal tender and has no intrinsic value. Officers booking counterfeit currency shall use the standard evidence envelope rather than the "Money" envelope.

  • Book adult suspects at the following location:

    • All Valley Bureau Areas, Pacific and West Los Angeles-Valley Jail Section.

    • All other Areas.

    • Male Arrestees-Metropolitan Jail Section.

    • Female Arrestees-77th Street Jail Section or Van Nuys Jail Section.

Note: Juvenile arrestees shall be booked in accordance with established procedures.

264.40 FEDERAL BUREAU OF INVESTIGATION APPROVAL - ILLEGAL WEARING OF UNIFORM. The advice of the Federal Bureau of Investigation shall be obtained prior to the booking of any person on Illegal Wearing of Uniform.

The name of the Federal Bureau of Investigation officer advising the booking shall appear on the Arrest Report, Form 05.02.00.

264.50 ENFORCEMENT OF UNITED STATES IMMIGRATION LAWS. Officers shall not initiate police action where the objective is to discover the alien status of a person.  Officers shall neither arrest nor book persons for violation of Title 8, Section 1325 of the United States Immigration Code (Illegal Entry).

264.70 LAW ENFORCEMENT AGENCY ENDORSEMENT FOR IMMIGRANT VICTIMS OF HUMAN TRAFFICKING (T-VISA).  The Department is responsible for completing a Law Enforcement Agency (LEA) endorsement upon request of the immigrant victim, providing the immigrant victim meets the qualifications as delineated in this section. 

 

T-visa Defined.  The T Nonimmigrant status visa (also known as the T-visa) provides immigration protection to victims of severe forms of human trafficking who assist law enforcement in the investigation or prosecution of human trafficking cases.  A law enforcement declaration is evidence of a victim's cooperation and it may be submitted in support of a T-visa application.

 

T-visa Qualifications.  Immigrant victims of human trafficking and the immigrant victim's family members may be eligible to apply for a T-visa.  A LEA endorsement must be provided to the immigrant victim of human trafficking upon request, if the victim meets the qualifications.  This will be based upon the investigating officer's (I/O) knowledge of the case, and any additional evidence developed.  The I/O must determine that the applicant is present in the United States as a result of being a victim of a severe form of trafficking in persons; and, determine if the applicant has complied with reasonable requests throughout the investigation.

 

Note:  The endorsement must be completed on the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS), Form 1-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons.

 

The LEA endorsement is prepared by Robbery-Homicide Division (RHD), Robbery Special Section (RSS), when the crime of labor trafficking and human smuggling has occurred and been investigated by their investigators.  The LEA endorsement is prepared by Detective Support and Vice Division (DSVD) when the crime of human trafficking as related to commercial sexual exploitation has occurred and been investigated by their investigators. Robbery-Homicide Division and DSVD are both part of the Los Angeles Metro Task Force on Human Trafficking.  Both entities will complete the endorsement for an immigrant victim seeking a T-visa within 15 business days of the first encounter with the victim [California Penal Code Section 236.5 (a)].

 

Investigating Officer's Responsibilities.  The I/O must verify that the immigrant victim meets the qualifications for a T-visa LEA endorsement. Investigating officers must follow the 1-914, Supplement B, federal form instructions. The I/O must ensure the following when issuing the LEA endorsement:

  • The 1-914, Supplemental B, federal form is completed and their respective Officer-in-Charge (OIC) or commanding officer (CO) has signed the endorsement. All completed LEA endorsements for T-visas must be forwarded to the CO, RHD, or DSVD dependent upon the issuing entity for endorsement and signature;

  • The 1-914, Supplement B, for the T-visa application must be provided within 15 business days of the determination that the immigrant victim meets the necessary qualifications;

  • Attempt to verify the immigrant victim's identity when providing the LEA endorsement, either by government-issued identification (e.g., passport) or by personal knowledge of the victim (e.g., prior in-person interview, courtroom testimony, photographic evidence);

  • Ensure all information related to the LEA endorsement is updated in the Detective Case Tracking System (DCTS) or maintained in the case file; and,

  • Review the information contained in the federal form and supporting documentation.

LEA Endorsement - Denial Procedures.  If the CO of DSVD or RHD determines that a LEA endorsement will not be provided, the I/O must:

 

  • Update the DCTS indicating that a LEA endorsement was denied; and,
  • Provide the victim with a denial letter on Department letterhead within 15 business days and place a copy in the secure file maintained by RHD.

LEA Endorsement - Victim Appeal Procedure.  The victim may submit additional evidence to the law enforcement agency, which the investigating officer and supervisor must reconsider and respond to the denial of the LEA certification within one week of the receipt of additional evidence [236.5 (c) PC].  The CO of either RHD or DSVD, whichever is applicable, has been designated as the final level of appeal and must make the final decision regarding the issuance or denial of the T-visa endorsement. 

Note:  All updated information must be maintained in a T-visa request file and updated in DCTS.  In cases where DCTS tracking is unavailable, all information must be maintained in a secure .file and maintained in the case package. 

Robbery-Homicide Division and Detective Support and Vice Division Commanding Officer's Responsibilities.

  • Track LEA endorsement requests;
  • Review the information contained in the federal form and supporting documentation;
  • Have final authority for the authorization or denial of T-visas; and,
  • All LEA endorsements completed by both DSVD and RHD, RSS for T-visa must be forwarded to the CO, RHD, where they must be maintained in a secure file.

Detective Bureau Commanding Officer's Responsibilities.

  • The CO, Detective Bureau, will designate a coordinator to track the number and outcome of all T-visa requests Department-wide.

264.72 LAW ENFORCEMENT CERTIFICATION FOR IMMIGRANT VICTIMS OF SERIOUS CRIMES AGAINST PERSONS (U-VISA).  The Department is responsible for completing a LEA certification upon request of the immigrant victim, providing the immigrant victim meets the qualifications as delineated in this section.

 

U-visa defined.  The U Nonimmigrant status visa (also known as the U-visa) provides immigration protection for victims of qualifying crimes who have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the criminal activity.  A LEA certification is one piece of a larger application that a victim must submit for U-visa consideration to the United States Citizenship and Immigration

Services (USCIS).

The Victims of Trafficking and Violence Protection Act requires that the immigrant victim has suffered substantial physical or mental abuse; however, the USCIS will make the determination as to whether the victim has met the "substantial physical or mental" standard on a case-by-case basis during its adjudication of the U-visa petition. In addition, the U-visa certification is not granted based on whether or not criminal charges have been filed or a conviction obtained.

Qualifications that the victim must meet are as follows: 

  • Must be a victim of qualifying criminal activity (refer to list of crimes on Form 1-918 Supplement B, U Nonimmigrant Status Certification, Part 3. Criminal Acts);
  • Must possess information relevant to the crime;
  • The victim was helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime(s). (Helpfulness can be defined as assisting with all reasonable requests from law enforcement and not impeding the furtherance of the investigation.),
  • The victim has provided information and assistance reasonably requested by law enforcement; and,
  • The crime(s) must have violated United States law and have occurred within the City of Los Angeles.

Additionally, certain immediate family members and indirect victims of U-visa recipients may also be eligible to live and work in the United States as derivative U-visa recipients based on their relationship with the principal recipient.

These family members include:

  • Unmarried children under the age of 21 of principal U-visa recipients;
  • Spouses of principal U-visa recipients;
  • Parents of principal U-visa recipients under age 21; and,
  • Unmarried siblings under the age of 18 of principal U-visa recipients under age 21.

Indirect Victims include:

  • A parent of a child victim under 21 years of age;
  • Parent of a victim that is incapacitated or incompetent to cooperate with the investigation; and,
  • Parent of a deceased child due to murder or manslaughter.

Exceptional Handling:

  • In the event that the victim has multiple qualifying criminal cases, the Area should accept the request for certification regardless of other pending cases;
  • Cases where there is no investigative follow up by Area/Specialized Division Detectives (i.e., Direct File cases), the victim's level of cooperation should be assessed based on their cooperation during the preliminary investigation;
  • U-visa certification requests can be prioritized based on time sensitive issues, needing to meet a deadline for USCIS; and,
  • In order to qualify as an indirect victim, they must have information regarding the crime, must be helpful to law enforcement and the crime must have violated one of the qualifying crimes. (See Form 1-918, Supplement B, U Nonimmigrant Status Certification.)

Area Detective Commanding Officer or Specialized Investigative Division Commanding Officer's Responsibilities.  The Area detective CO or the specialized investigative division CO is the U-visa Coordinator for his or her command and must:

  • Assign a specific detective supervisor, as well as a back-up person to coordinate the processing of the LEA certification requests;
  • Ensure that a specific detective is assigned the certification request. If the victim meets the qualifications for certification, sign and date the LEA certification (the signature should be signed in a color of ink other than black for verification purposes);

Note:  All LEA certifications must only be signed by those of detective supervisory rank whose signature is on the U-visa Certifying Official Information Form authorized by the Chief of Police and on file with USCIS.  All original U-visa Certifying Official Information Forms must be returned to Detective Bureau .for processing. Areas or Specialized Investigative Divisions that experience a change in certifying officials due to retirement, permanent deployment changes, etc., must notify the Department Domestic Violence Coordinator, Detective Bureau, of such changes and provide a replacement.  A new U-visa Certifying Official Information Form will need to be completed when there is a personnel change.

  • Ensure that an appropriate response is provided to the victim or their legal representative within 30 days after the request was received;
  • Ensure that each LEA certification request is updated within the Detective Case Tracking System (DCTS) along with the determination to certify or deny the request;
  • Maintain a tracking system with the number of requests received and the determinations made; and,
  • Make the final decision regarding the issuance or denial of the U-visa certification, as the final level of appeal.

Investigating Officer's Responsibilities.  The investigating officer assigned to research the LEA certification request must verify that the immigrant victim meets the qualifications for a U-visa, LEA certification (refer to U-visa qualifications); and,

  • Attempt to verify the immigrant victim's identity when providing the LEA certification, either by government-issued identification (e.g., passport) or by personal knowledge of the victim (e.g., prior in-person interview, courtroom testimony, photographic evidence);
  • Follow the federal form instructions when completing the LEA certification,
  • Ensure the Form 1-918, Supplement B, U Nonimmigrant Status Certification form is completed with the exception of the Signature of Certifying Official;
  • Return the LEA certification to the U-visa coordinator within the 30-day timeline;
  • Ensure all information related to the LEA certification is updated in DCTS; and,

Note: A reasonable extension may be granted by the U-visa coordinator for certification requests requiring additional research.

  • Ensure a copy of the LEA certification and all additional information is maintained within the detective case package.

LEA Certification Denial Procedures:  If the Area detective CO or the specialized investigative division CO determines that a LEA certification will not be provided, the assigned I/O must:

 

  • Document the finding(s) and reason(s) for denial in DCTS;

  • Complete a denial letter on Department letterhead signed by the Area detective division CO or the specialized investigative division CO; and,

  • Provide a copy to the victim or their legal representative.

 

Appeal Procedure.  In the event that the certification is denied and the victim would like to appeal the denial, the case must be reviewed by the Area detective CO or the specialized investigative division CO.  The Area detective CO or the specialized investigative division CO, whichever is applicable, will be the final level of appeal and must make the final decision regarding the issuance or denial of the U-visa certification.

 

Disavowing/Withdrawing of LEA Certification.  A certifying agency may disavow or withdraw their certification if the victim stops cooperating. To do so, the I/O must notify the USCIS-Vermont Service Center in writing on Department letterhead, which should include:

 

  • The name and date of birth of the individual;

  • The name of the individual who originally signed the LEA certification and date it was signed;

  • The reason why the LEA certification is being disavowed/withdrawn describing how the victim had refused to cooperate with reasonable requests made by the I/O;

  • The signature and title of the individual who is disavowing/withdrawing the certification; and,

  • A copy of the previously signed certification, if there is one on file.

 

Bureau Commanding Officer's Responsibilities.

 

  • The CO from each bureau must have oversight on the effectiveness of their Areas.

 

Detective Bureau Commanding Officer's Responsibilities.

  • The Detective Bureau Commanding Officer will designate a coordinator to track the number and outcome of all U-visa requests Department-wide.

 

265. VETERANS ADMINISTRATION FACILITIES. Officers of this Department summoned to the Veterans Administration Hospital, or the Veterans Administration Outpatient Clinic, shall follow normal policies and procedures for investigating incidents and making arrests.

Note: The Veterans Administration Police shall retain responsibility for federal law enforcement activities at Veterans Administration facilities located on federal property.

Private Person's Arrest. When a private person's arrest is made at the Veterans Administration Hospital or the Veterans Administration Outpatient Clinic, the arresting person need not accompany the officers to the station when:

  • The arrest is made on the concerned Veterans Administration property;

  • The arresting person is an employee of the facility; and,

  • It would be impractical for the arresting person to accompany the officers.

(Private Person's Arrest-See Manual Section 4/216.33)

266. PROWLERS.

266.50 PROWLER REPORTS. A Investigative Report, Form 03.01.00, shall be made on prowlers or "peeping toms" when:

  • An arrest under Penal Code Section 647(h) is made, or,

  • The victim has actually observed a prowler suspect in the commission of an act not amounting to an attempt burglary, or,

  • Physical evidence of prowling is found, or,

  • The victim insists that a report be made.

267. ESPIONAGE OR SABOTAGE ACTIVITIES.

267.50 REPORTING ESPIONAGE OR SABOTAGE ACTIVITIES. Employees receiving information pertaining to espionage or sabotage activities shall:

  • Telephonically notify Criminal Conspiracy Section, Major Crimes Division;

  • Complete an Intelligence Report, Form 01.89.00, in duplicate, forwarding the original to Criminal Conspiracy Section, Major Crimes Division in a sealed envelope via intra‑departmental mail.

Exception: When the information is of such a confidential nature that the integrity of an ensuing investigation might be jeopardized by reducing the information to writing, the Form 01.89.00 shall not be completed.

Note: When Criminal Conspiracy Section, Major Crimes Division is closed, the reporting employee shall request that the Watch Commander, Detective Support and Vice Division, advise the concerned on‑call personnel of the closed unit to contact the employee.

269. CAL/GANG SYSTEM AND GANG FILE GUIDELINES. The Cal/Gang System is a criminal intelligence database and adheres to the US code of federal regulations 28CFR part 23.  The Cal/Gang System will be the Department's only authorized system for the collection, storage, and retrieval of gang information. The Los Angeles County Sheriff’s Department is the Los Angeles County Cal/Gang Administrator. The Commanding Officer, Gang and Narcotics Division (GND), is the Department's Cal/Gang Administrator.

269.10 DEFINITIONS.

Gang.  A group of three or more persons who have a common identifying sign, symbol, or name, and whose members individually or collectively engage in, or have engaged in, a pattern of definable criminal activity creating an atmosphere of fear and intimidation within the community.

Note: Any group, including outlaw motorcycle gangs, prison gangs, posses, taggers, party crews, subversive groups and their associated membership that qualify under the definition of a gang may be maintained in the Cal/Gang System.

Active Gang Member. A juvenile or adult who has been positively identified and documented as a gang member under the California Department of Justice’s (DOJ) approved criteria.

Active Affiliate Gang Member. A juvenile or adult who is identified as one who associates with a gang, but is not necessarily a full member.

Gang Officer. Any officer, sergeant or detective assigned to a Department authorized gang investigation unit including, but not limited to, Area Gang Impact Teams (GIT), Bureau Gang Coordinator, and Gang and Narcotics Division (GND).

Gang-Related Crime. Any crime may constitute a gang-related crime when the suspect or victim is an active or affiliate gang member, or when circumstances indicate that the crime is consistent with gang activity.

Note: Crime consistent with gang activity can include, but is not limited to, incidents when:

  • The suspect or victim has a gang tattoo(s);

  • The suspect or victim has a gang moniker;

  • A statement indicating gang involvement was made;

  • The suspect or victim demonstrated gang behavior; or,

  • Multiple suspects and gang modus operandi (MO) were involved.

Determining if a crime is gang-related is subjective in nature and is a result of the totality of the circumstances. Classification cannot be accomplished accurately without a high degree of gang expertise or validation through the Cal/Gang System.

One or more of the following gang-related criteria will be used to justify that a crime is gang-related. The reference number correlating to the applicable criteria will be entered on the Gang Tracking Information Record for each crime classified as gang- related and should be highlighted and/or circled on the report (e.g. Investigative Report, Arrest Report, etc.) itself.

Reference Gang-Related Number Justification Criteria.

1.        The suspect or victim is a known gang member previously entered into the Cal/Gang System.

 

2.        The suspect or victim is a known gang member or affiliate [Validated by information in the Automated Field Interview (AFI)/NECS, or witness/victim statements].

3.        The suspect or victim has a gang tattoo(s).

4.        The suspect or victim has a gang moniker.

5.        A statement indicating gang involvement was made.

6.        The suspect or victim was “dressed down” or wearing gang colors or clothing.

7.        The suspect or victim was demonstrating gang behavior (using gang hand signs).

8.        Multiple suspects and gang Modus Operandi (MO) involved.

9.        The location of the crime was within identified gang boundaries, or at a known gang location or hangout.

 

10.     Similar reports where the suspects were identified as gang members (similar MOs, suspects, times and location).

11.     The type and/or MO of the crime is inherently gang-related (e.g. drive-by shootings, etc.)

The Area GIT officer in charge must approve the gang-related crime classification. In the rare circumstance when the classification cannot be determined at the Area level, the Bureau Gang Coordinator must make the determination. When the Bureau Gang Coordinator cannot determine the classification, the Commanding Officer, GND, will make the final determination.

Gang-Related Statistical Crimes. When the following violent crimes are determined to be gang-related, they will be monitored statistically by the Department to assess the level of gang crime in an Area. The statistically monitored gang-related crimes are:

  • Murder;

  • Attempted Murder;

  • Felony Assault;

  • Assault on a Police Officer (includes Battery, Assault with a Deadly Weapon and Attempted Murder on a Police Officer);

  • Robbery;

  • Shots Fired into an Inhabited Dwelling;

  • Kidnap;

  • Rape;

  • Arson;

  • Witness Intimidation (including Criminal Threats);

  • Extortion;

  • Carjacking; and,

  • Violation of Gang Injunctions.

Hard-Copy File. The Subject Identification Card, Form 12.16.09, will be the only Department authorized hard-copy file that contains detailed information on gang members.  The hard copies will be maintained and secured by the originating gang investigation unit.

Note: All completed Cal/Gang Cards existing prior to the issuance of the Subject Identification Card must be retained and secured by the originating gang investigation unit.

269.20 CRITERIA FOR GANG MEMBER DOCUMENTATION. The following criteria have been established by the Cal/Gang Executive Board that oversees the operation of the Cal/Gang System Statewide, for identifying individuals as gang members or gang affiliates:

Gang Membership Criteria. Indicators of gang membership shall include at least two of the following criteria:

  • Subject admits to gang membership in a non-custodial situation;

  • Subject was identified as a gang member by a reliable informant or source. This includes the required registration by court order as described in California Penal Code Section 186.30;

  • Subject was identified as a gang member by an untested informant or source with corroborative evidence;

  • Subject was seen wearing gang-type clothing;

  • Subject was seen displaying gang symbols and/or hand signs;

  • Subject has identifiable gang tattoo(s);

  • Subject was seen frequenting gang areas;

  • Subject was seen affiliating with documented gang members;

  • Subject was arrested with known gang members for offenses consistent with usual gang activities; or,

  • Subject admits gang membership in an in-custody classification hearing.  This is the only criteria that may stand alone as a single criterion for entry into the system.  All others require two, to be met.

Note:  This is to be documented on the Inmate Classification Questionnaire and Record of Medical Screening, Form 05.36.00 and a copy of which will be securely stored in the gang office as a source document.

When two or more of these criteria are met, a Subject Information Card will be completed by a gang officer or worn gang support staff for entry into the Cal/Gang System. Subject Information Cards will not be made for individuals that do not meet the criteria.

Gang Affiliate Criteria. An individual who meets only one of the above criteria and is detained with a documented gang member, may be designated as a gang affiliate and entered into the Cal/Gang System. The gang officer or sworn gang support staff must document the name of the documented gang member with whom the affiliate is associating, the gang member’s date of birth, and his/her Cal/Gang number on the affiliate's Subject Information Card.

269.25 AREA CRIME ANALYSIS DETAIL AND GANG IMPACT TEAM SUPPORT STAFF - RESPONSIBILITIES. The Cal/Gang System is based entirely on the accuracy and timeliness of the information entered into it. Area Crime Analysis Detail (CAD) and GIT support staff with requisite Cal/Gang training must:

 

·         Input and update records in the Cal/Gang System;

·         Ensure that all gang-related statistical crimes are MO coded “0906” in the Consolidated Crime Analysis Database (CCAD);

·         Input all gang-related statistical crimes into the Cal/Gang Case Management System (CMS);

·         Reconcile the entry of gang-related crimes between the Cal/Gang CMS and the CCAD;

·         Enter predicate convictions into the CMS;

·         Input active or affiliate gang member information into both the Cal/Gang and AFI Systems, as required;

·         Assist gang officers by providing gang-related investigative leads;

·         Compile and interpret gang-related information searches; and,

·         Compile Area gang crime statistics.

 

269.30 CONTACTS WITH GANG MEMBERS.

Investigations and Arrests. When the arrest or preliminary investigation reveals that the crime is gang-related, the reporting officer must check the “Extra Copy” box on the front of the arrest report or IR indicating copies be sent to the appropriate Area gang detectives. The reporting officer must ensure that the narrative fully explains the rationale for determining that the arrest or investigation is gang-related.

Note: Suspected gang membership information may also be further investigated by contacting the Area Gang Impact Team or Bureau Gang Coordinator.

Field Identification. Officers who contact a suspected active or affiliate gang member and determine that the completion of a Field Interview Report (FI Card), Form 15.43.00, is appropriate, must document at least two required gang membership criteria (as listed in Section 4/269.20, Criteria For Gang Member Documentation) and may include the following additional information on the FI Card:

  • How gang membership was established (e.g., admits gang membership, tattoos, attire, etc.);

  • The specific type of gang activity involved; and,

  • The words “GANG MEMBER” or “GANG AFFILIATE” in the narrative portion of the FI Card, depending upon the criteria documented by the officer.

Upon supervisory review and approval of the FI Card containing gang-related information, it will be routed to the Area GIT where the FI Card was completed for review and verification. Only a GIT officer, sergeant, detective or sworn gang support staff may complete a Subject Identification Card if the criteria for a gang member or gang affiliate has been met.

The Subject Identification Card must be reviewed, approved and signed by a GIT supervisor, prior to it being entered into the Cal/Gang System.  After completing the Subject Identificaiton Card or if a card already exists, the Area Gang-CAD or assigned personnel must enter the new information into the Cal/Gang System within 14 calendar days. Gang FI Cards will be securely stored inside the gang office.

Note: Gang officers and other personnel who have completed the required Cal/Gang training may also input and update information into the Cal/Gang System.

269.40 MAINTAINING DEPARTMENT GANG FILES. Any non- Cal/Gang System or gang database is not authorized and will not be maintained by any individual or Department entity. Private or localized gang databases lack security controls and audit capability required for an intelligence database. As a result, their confidentiality and reliability is severely jeopardized.

Hard-Copy Files. Hard-copy files refer to the completed Subject Identification Cards, the Gang History Books and the Gang Photograph Books. These files contain information on street gangs, their members and affiliates who are, have been, or are likely to be involved in criminal activity and will only be maintained by Department-authorized gang investigation units.

Hard-copy files must remain secured and locked at all times inside the gang office. However, these files will have 24-hour accessibility through the Area watch commander for emergency usage.

Hard-copy files of Outlaw Motorcycle Gang members will be maintained at the originating gang investigative unit.  A copy of the hard-copy file will be sent to Gang Support Section (GSS), Gang and Narcotics Division (GND).  The original hard-copy Subject Identification Cards on prison gang members will only be maintained by GSS, GND.  Hard-copy files on Asian gang members may be maintained by Gang Impact Teams, Bureau Gang Coordinators or Asian Crimes Unit, GND.

Note: Street Terrorism Enforcement and Prevention (STEP) books are not considered intelligence files.

Subject Identification Card Completion.  Hard-copy Subject Identification Cards should be completed on all gang members and gang affiliates.  The purpose for completing a Subject Identification Card is to document the original source for entry into the Cal/Gang System.

The completed Subject Identification Card must contain at least the following information:

  • Complete name;

  • Moniker;

  • Date of birth;

  • Identifying number(s);

  • Juvenile/Parent notification;

  • Cal/Gang number;

  • Criteria rationale, circumstances and date documented;

  • Name and serial number of officer obtaining information;

  • Individual’s photograph (if available);

  • Complete name of gang or group; and,

  • Approving Gang Impact Team supervisor's signature.

This information and all future updates shall be entered into the Cal/Gang System within 14 calendar days.

Note: As much information as possible should be placed on the Subject Identification Card. Once a Subject Identification Card has been completed with at least the above information, all future contacts or information will be documented on an FI Card, Arrest or Crime Report and input into the Cal/Gang System. Updating the Subject Identification Card for members and affiliates is not required.

Hard-Copy File Organization. The Department hard-copy files will be organized as follows:

  • The Subject Identification Cards may include a copy of a current photograph of the gang member/affiliate. All Subject Identification Cards with a Cal/Gang number will remain on file regardless of status; and,

  • Cards of inactive and deceased individuals without a Cal/Gang number must be removed from the files and destroyed.

269.50 CAL/GANG SYSTEM AND GANG FILE SECURITY. The purpose of the Cal/Gang System is to provide Department personnel with an investigative tool for conducting criminal investigations which may involve gang members or affiliates.

Predicate crimes and gang expertise in the Cal/Gang system.  Successful prosecutions of gang enhancement cases will be entered in the Cal/Gang Case Management System, including current and all predicate crimes related to the case.  In essence, the Cal/Gang System can serve as an automated resource for easily obtaining gang experts and predicate crime information for specific gangs.  Gang Support Section (GSS), Gang and Narcotics Division (GND), will advise and assist in updating Cal/Gang user profiles and Case Management input for predicate crimes.

In order to make predicate crimes and gang experts available Countywide, it will be the responsibility of every gang officer to verify that his/her gang expertise is documented in the Cal/Gang System by the GSS, GND.  Gang officers must document their court-qualified gang expertise in the Gang History Books maintained at their Areas of assignments.

 

The Bureau Gang Coordinator (BGC) must update their existing gang expertise lists for each officer in the database, on a quarterly schedule.  The Cal/Gang Node Administrator is responsible for updating the gang expertise information from the database into the Cal/Gang System quarterly, for each gang officer.

 

Gang officer's responsibilities.  Every gang officer should become an expert in each of his/her assigned gang(s) as soon as practical.  Once expertise has been established it must be documented in the Gang History Book.

Gang Detective's Responsibilities.  Gang expertise by detectives must be documented in the Gang History Book.  When a gang detective becomes aware of an arrest of any gang member in his or her Area, gang enhancements must be considered before filing charges.  If necessary, the detective should be guided by the recommendation of the filing deputy from the City Attorney’s or District Attorney’s Office.  When a case is filed with gang enhancements, the gang detective must ensure that the information on the predicate crimes is entered into the Cal/Gang System

Confidentiality. All Department personnel are reminded that it is not a crime in and of itself to be a gang member. It is incumbent upon the Department to protect the confidentiality of the Cal/Gang System and the Department gang files, and to safeguard the Constitutional Rights of those identified.  As a result, access is restricted to gang officers or personnel who have met the “right to know and need to know” criteria.  The Cal/Gang System, or information contained therein, must not be referenced in any report, affidavit, court testimony, or deposition nor should it be used to prove or disprove gang membership.

Note:  The Cal/Gang System is a “pointer” system or “search engine” that compiles and links information derived from primary sources (source documents), such as Field Interview Reports (FI Card), Form 15.43.00, arrest and crime reports, and other sources of information.  These primary sources will be the only documents used to demonstrate gang membership or affiliation and must contain the requisite number of classification criteria as described in Section 4/269.20 of the Department Manual.

Retrieval of System Files and Photocopies. Authorization to print from the Cal/Gang System will only be obtained from the Commanding Officer, GND or his/her designee. If approval is obtained, these printouts must not be copied, faxed, or mailed without approval from the Commanding Officer, GND or his/her designee. Any printouts or copies from the Cal/Gang System or hard-copy files will not be used as addenda for reports (e.g., search warrants, arrest warrants, or gang injunctions, etc.). They will not be placed in personal ready reference files, investigative notebooks, case packages, or homicide books.

At the culmination of an investigation, the investigating entity will contact GND for guidance in the handling of documents and forward any Cal/Gang printouts to GND for proper filing or destruction.

Printouts from the Cal/Gang System or hard-copy file(s) photocopies, facsimiles (faxes), or any form of reproductions will not be taken out of the gang investigation entity's office without prior approval from the Commanding Officer, GND.

Off-Hour and Emergency Access. Murders, assaults on police officers, and high-profile crimes may occur at anytime and may require access to the Cal/Gang System to ensure timely information is available to the investigating officer, (I/O).

  • Access. Accessing the Cal/Gang System requires proper training and a password. Training is provided by Gang and Narcotics Division (GND) personnel.  A 16-hour course provides training to allow input into the Cal/Gang System, Cal/Gang Case Management Systems and and 8-hour course provides training for query access, only.  Under emergency situations, when personnel trained to access the Cal/Gang System are not available, the I/O must telephonically request assistance by contacting the person named in the GND/GSS notification roster. This roster is maintained by the Department Command Post, Real-Time Analysis and Critical Response (RACR) Division.

  • Printing. If the I/O determines that Cal/Gang information needs to be printed, the I/O must follow the above procedure for approval and its use.

The I/O will be guided by the directions of the Commanding Officer, GND or his/her designee for proper disposition of the printed information.

Discovery Motions and Court Requests for Records. The Commanding Officer, GND, is the Department Custodian of Records for the Cal/Gang System and for all hard-copy gang files throughout the Department.

The Commanding Officer, GND or his/her designee (Node Administrator), must be notified of all legal requests pertaining to information or records from the Cal/Gang System and/or any hard-copy gang files. Gang investigation units will follow the direction of the Commanding Officer, GND or his/her designee, in handling legal requests for gang information. These units must receive prior approval from the Commanding Officer, GND or his/her designee, before releasing any information.

Note:  Department employees that have been served with Subpoenas Duces Tecum (SDT) or discovery requests pertaining to Cal/Gang records must notify the GND Cal/Gang Node Administrator for handling of these legal requests and must receive prior approval from the Node Administrator before releasing any information.

269.60 PHOTOGRAPHING KNOWN OR SUSPECTED GANG MEMBERS.  Only gang officers, gang sergeants and gang detectives are authorized to take non-booking identification photographs of active and affiliate gang members.

Field Photographs of Suspected Gang Members. Gang officers, gang sergeants and gang detectives must adhere to the following guidelines when photographing a suspected gang member or gang affiliate:

  • Officers must not use physical force or any other form of coercion in acquiring a photograph;

  • Officers will request and receive permission from the individual prior to taking a photograph when that person is not being arrested or otherwise legally detained;

  • Officers will not pose the individual with name or Subject Identification Cards;

  • Individuals photographed will be unrestrained and on public property (e.g., not handcuffed or in the back seat of a police vehicle);

  • Officers will conduct the photographing process contemporaneously with the completion of the FI Card;

  • Photographing may not extend the time necessary to complete the interview process; and,

  • A full explanation will be provided to the suspect as to the purpose of the photograph.

Security of Gang Member/Affiliate Photographs. Gang Photo Books must only be maintained by gang units and should be secured at all times. Gang Photo Books are an important tool in the investigation of gang-related crimes and differ from regular photo or mug books in that they are assembled by gang and not by criminal offense. Gang Photo Books are considered part of the Department’s hard-copy gang files. Gang officers will follow the same security measures with respect to protecting gang member and affiliate photos as exercised for the Cal/Gang System and the hard-copy files. Gang Photo Books will only be taken into the field with the approval of a GIT supervisor or the Area watch commander and the Document Sign Out Log, Form 15.31.00, must be utilized.

Note: An automated database is permitted to be used as an index for the Gang Photo Books, consisting only of the gang member/affiliate(s) name, Cal/Gang number, moniker and Gang Photo Book page number. If an automated database is used, a copy of the printed index must be attached to the index portion of the Gang Photo Book. All prior printing conditions apply if this index is printed out.

Photograph Line-Up Procedures. The Cal/Gang System has the capability of producing a photographic line-up for investigative purposes. Photographs will not have the name of the gang member on the photo. Photographs may be copied for photo books.

When Cal/Gang generated photo line-ups are not available, I/O's will use the Department's existing established photo line-up procedures when selecting photos.

269.70 NOTIFICATION TO PARENT OR GUARDIAN OF JUVENILES. Gang officers must attempt to notify a juvenile's parent or guardian in person when a juvenile is to be added to the Department’s gang files. When an in-person or telephonic notification to the parents or guardian is not possible, (e.g., conflicting work schedules, residence outside of the City, etc.), the investigating GIT OIC will cause a letter to be mailed to the parents or guardian utilizing the Gang Affiliation Letter, Form 12.16.05, or the Gang Affiliation Letter (Spanish Version), Form 12.16.06. The manner of notification (in-person, telephonic, letter, etc.), date, and officer making the notification will be indicated on the Subject Identification Card.

Exception: When parental notification may jeopardize an active criminal investigation, such notification may be delayed. However, once the investigation is no longer jeopardized, the gang investigation unit OIC must cause the parent or guardian to be advised telephonically, by mail, or in-person of the date, time, and circumstances under which the juvenile’s name was entered into the Department’s gang files.

269.80 INSPECTIONS AND PURGING OF CAL/GANG RECORDS. Routine and thorough inspections and purging of outdated Cal/Gang records enhances the credibility and reliability of both the Cal/Gang System and the hard-copy files.

 

Inspections.  Inspections of all gang-related hard-copy files will be conducted on a quarterly basis by the Cal/Gang Node Administrator to maintain compliance with mandates of the California Gang Node Advisory Committee (CGNAC).  The findings of these inspections must be reported in writing to the Department Gang Coordinator, as well as the respective Bureau Gang Coordinator.

 

The Cal/Gang Node Administrator will periodically conduct inspections of the geo-coding status of locations entered into the Cal/Gang System, the Inactive and Deceased Files, and the accuracy of Cal/Gang records and their entries.  The findings of these inspections will be reported to the Department Gang Coordinator as well as the respective Bureau Gang Coordinator.

Purging. The Cal/Gang System will automatically purge individual's from the database after five years of inactivity and the existing Cal/Gang Card or Subject Identification Card will be moved to the Inactive File. A deceased gang member's Cal/Gang Card or Subject Identification Card must be filed in the Inactive File and/or deceased file.  Incarcerated gang members/affiliates will remain n the Cal/Gang System for a maximum period of five years unless the database file is updated with current information to extend their active status.

Note:  Cal/Gang or Subject Identification Cards of inactive and deceased individuals without a Cal/Gang number must be removed from the files and destroyed.

270. VICE.

270.10 RECEIVING VICE INFORMATION. When an officer receives, or becomes aware of, information concerning a vice violation and an arrest is not made at the time of the violation, he/she shall:

  • If the condition exists in the City, complete a Vice Report, Form 03.18.00. When the urgency of the situation demands, the officer shall also contact his/her immediate supervisor for instructions.

  • If the condition exists outside the City, but within Los Angeles County, complete a Vice Report, Form 03.18.00. In addition, when the urgency of the situation demands, the officer shall contact Vice Division; or when that division is closed, he/she shall notify the Administrative Unit, Detective Support  and Vice Division, which shall make the proper notifications.

Upon receipt of the Vice Report, the Area commanding officer shall cause the reported vice activity to be investigated when the condition exists in the City. If the condition exists outside the City, the Commanding Officer, Vice Division, shall forward the vice information to the concerned law enforcement agency.

270.20 REPORTING VICE CONDITIONS. The Vice Report, Form 03.18.00, shall be used by officers to report known or suspected vice activity except when an arrest is made at the time of violation. The Vice Report shall include all known information relative to suspects, type of activity, and methods of operation.

270.35 FORTUNE TELLERS, REPORTING. If officers become aware of crimes associated with fortune telling, such as bunco schemes, they shall complete the appropriate crime report and notify Area detectives.

Fortune telling is no longer considered a vice activity and shall not be reported on the Vice Report, Form 03.18.00.

270.50 BARS AND LIQUOR ESTABLISHMENTS, REPORTING POLICE PROBLEMS. Officers shall report any information concerning premises licensed by the Department of Alcoholic Beverage Control which have become a police problem, and when it is believed that the Department of Alcoholic Beverage Control may assist through investigative or enforcement action. This information shall be forwarded to Vice Division on an Employee's Report, Form 15.07.00, and shall include:

  • The name of the licensee.

  • The type of license.

  • The address of the premises.

  • The number of the license.

An officer having information indicating organized criminal activity or extensive criminal association of a licensee or an applicant for a license granted by the Department of Alcoholic Beverage Control shall proceed as set forth in Manual Section 4/271.20.

270.60 PROSTITUTION ARRESTS IN PUBLIC DWELLINGS. The person in charge of a public dwelling where an arrest for prostitution has been made shall be:

  • Shown the persons arrested.

  • Informed of the arrest and any statements made by the arrested persons as to the use of the premises for prostitution.

The Arrest Report, Form 05.02.00, shall include:

  • The name, address, and capacity of the person so informed.

  • The person’s statements and reaction when informed that prostitution was being practiced on the premises.

271. INTELLIGENCE.

271.20 REPORTING INTELLIGENCE INFORMATION. Employees shall notify the concerned intelligence division when intelligence information comes to their attention which may be of significance to the Department.

Major Crimes Division. Major Crimes Division shall be notified when the information is related to persons, organizations, or activities connected with, or suspected of being connected with:

  • Organized crime.

  • The unlawful disruption of public order through civil disobedience.

  • The unlawful overthrow of constituted government.

  • A threat to the safety of the President of the United States or other persons under the protection of the United States Secret Service.

  • A threat to the safety of any elected or appointed official or other person of public prominence.

Notifications shall be reported on an Intelligence Report, Form 01.89.00, and forwarded to the watch commander of the concerned intelligence division via intradepartmental mail. In emergencies, or when the information is confidential, the notification shall be made to the information control officer of the concerned intelligence division in person or by telephone. When the offices of the concerned intelligence division are closed and the nature of the information requires immediate action, the Watch Commander, Detective Support and Vice Division, shall be requested to notify the concerned stand‑by intelligence personnel to contact the reporting employee. When practicable, the report shall include names, addresses, associates of persons reported upon, and other pertinent information.

271.21  ELECTRONIC 911 ABUSE PROCEDURE.

 

Electronic 911 Abuse – Defined.  Electronic 911 Abuse is a direct and intentional act, or attempted act, of falsely reporting a fictitious crime or incident by means of telephone, cellular phone, and or internet technology that conceal the identifiers and location of the reporting party/perpetrator.  The information is transmitted with the intent to deceive emergency services (e.g., 911 operator) into directing police/fire units to an address where an emergency is not occurring or has not occurred. The sole intention of the call is to:

 

1. Attract considerable community/media attention;

2. Involve a public/celebrity figure or a critical infrastructure or key resource (CIKR); and/or,

3. Provide notoriety to individuals or groups operating within electronic or digital domains for the purposes of status or fame.

 

The perpetrators of electronic 911 abuse incidents are motivated by the media recognition the incident(s) creates.  To reduce or eliminate the perpetrator's motivation, the Department will not release the nature of any electronic 911 abuse-related call to the public/media, nor the location or the name of the resident.

 

Officer's Responsibilities. The primary officer(s) assigned to an electronic 911 abuse incident must:

 

  • Notify the Criminal Intelligence Section (CIS), Major Crimes Division (MCD), of the incident as soon as practicable to determine if the incident qualifies as an electronic 911 abuse incident;

  • If CIS does not identify the incident as an electronic 911 abuse incident, complete an Investigative Report (IR), Form 03.01.00, titled "911 Abuse," and the investigation will remain with the geographic Area;

  • If CIS identifies the incident as an electronic 911 abuse incident, complete an IR titled "Electronic 911 Abuse," place "MCD" in the "INVEST DIV" box, check the "CTSOB MAJOR CRIMES" box,

 and place the name and serial number of the CIS employee that was notified on the IR face-sheet and on the report narrative; and,

 

Note:  During off-hours, CIS can be reached via the Real-Time Analysis and Critical Response (RACR) Division.

 

  • Notify RACR Division.

 

Major Crimes Division's Responsibilities.  Criminal Investigation Section, MCD, including on-call CIS personnel are responsible for investigating and arresting individuals involved in electronic 911 abuse incidents.

 

Note: The Commanding Officer, MCD, has the final authority for determining which cases will be assigned to CIS.

 

Area Records Unit's Responsibilities.  Area records unit must enter the Modus Operandi Codes 0392 [Electronic 911 Abuse (Swatting)] when processing an "Electronic 911 Abuse" IR. Area records unit will forward a copy of the IR to MCD. Furthermore, Area records units will continue to use the crime classification of "Miscellaneous Crime" for electronic 911 Abuse IRs.

 

Communications Division's Responsibilities.  Communications Division operators who receive incoming non-medical related calls for emergency services from Telecommunications Relay Service (TRS) call centers will attempt to obtain the Internet Protocol (IP) address of the caller from the TRS operator and also determine if the caller utilized an instant messaging service, and include that information in the incident history of the call. Furthermore, Communications Division will dispatch the call in the same manner as a "bomb call" via the Mobile Digital Computer. A Patrol unit will be assigned Code Three and a supervisor Code Two.

 

271.25 STALKING, THREATS, AND HARASSMENT. When officers become aware of an individual who demonstrates an abnormal fixation and generates a long‑term pattern of harassment, threats, stalking, or unsolicited acts of visitation or telephonic or written communication in an annoying or threatening manner toward another person, officers shall contact the Threat Management Unit (TMU), Detective Support and Vice Division (DSVD), for advice. The TMU, DSVD, is responsible for investigating all written and verbal and threats of harm to public officials or prominent persons.

Note: During off hours, TMU can be reached via the Mental Evaluation Unit, DSVD. If TMU personnel cannot be reached contact DSVD watch commander for advice.

Copies of any arrest or crime reports involving cases known to be under investigation by TMU, or fitting the criteria required by TMU for investigation, shall be forwarded to TMU.

271.30 THREATENING LETTERS. When written communications threatening harm to public officials or prominent persons come into the custody of the Department, they shall be preserved for a fingerprint investigation and forwarded to:

Threat Management Unit, Detective Support and Vice Division, for the following:

  • Mayor;

  • City Council members;

  • City Attorney;

  • City Controller; and,

  • Persons designated by the Commanding Officer, Detective Bureau, and the Director, Office of Operations.

Note: Threat Management Unit shall conduct an investigation prior to forwarding the communications to Major Crimes Division.

  • Commanding Officer, Major Crimes Division, for all persons not listed above.

The Commanding Officer, Detective Bureau, shall ensure that each communication receives appropriate police action and is forwarded to the California Department of Justice for inclusion in the Automated Threatening Letter File.

271.35 THREATS AGAINST PUBLIC OFFICIALS. Any employee who receives information concerning a threat against the life of a California state public official shall, in addition to completing the appropriate crime report:

  • Telephonically report the threat and the circumstances surrounding the threat to the Executive Protection Bureau, California State Police, (213) 620-3216, available 24 hours.

  • Record the date and time of the notification and the name of the person notified in the appropriate section of the arrest and/or crime report.

Note: A California state public official is an elected state official, an officer or employee of the State of California appointed by the Governor and exempt from civil service, or a justice of the California Supreme Court or Court of Appeals.

271.45 TERRORISM LIAISON OFFICER (TLO)'S RESPONSIBILITY.  The TLO shall be responsible for the following:

  • Acting as a point of contact with Major Crimes Division (MCD);

  • Be familiar with reporting of possible terrorist activity as outlined in Special Order No. 11, 2008, Reporting Incidents Potentially Related to Foreign or Domestic Terrorism, as well as www.tlo.org, which is a direct link for officers and civilians alike to report suspicious activity in their area;

  • Relaying advisories and other terrorism related information provided by MCD, and the Joint Regional Intelligence Center (JRIC) to Area/divisional personnel in the form of roll call training at a minimum of once every two weeks, preferably on rotating watches;

  • In the event of real-time transmission of threat information, utilizing Department communications technologies (ACC, MDC, ASTRO, etc.) to disseminate the information as deemed appropriate;

  • Informing MCD of TLO personnel changes;

  • Attending periodic coordination and training meetings; and,

  • Terrorism Liaison Officers shall attend the California Commission on Peace Officer Standards and Training (POST) certified TLO Basic Course no later than six months after being assigned as a TLO. Currently the training consists of a no cost 8-hour block of instruction.  The TLOs shall coordinate with MCD or JRIC to arrange this training.

Note:  It is important to remember that TLOs are not considered intelligence and/or terrorism experts they are to be trained in terrorism awareness and the proper procedure for reporting information to MCD and their division. Additionally, they shall be required to be recertified on an annual basis or as prescribed by statute.

Terrorism Liaison Officers are not responsible for collecting and disseminating information to the public regarding terrorism related activity.  However, once TLOs receive terrorism-related information from MCD or JRIC, they shall notify the Area/division command staff, and as directed, to Area/Division personnel so that they may relay pertinent information to officers and/or the community, as appropriate.

AREA/DIVISION COMMANDING OFFICER'S RESPONSIBILITY.

The commanding officer of each geographic Area shall:

  • Designate two to five sworn employees as TLOs to represent their respective Area.  One of the TLOs shall be the Area training coordinator.  The other TLO shall be the Senior Lead Officer supervisor.  The remaining TLO positions shall be assigned at the commanding officer’s discretion, irrespective of rank;

  • Ensure that each TLO is properly coordinating with the MCD Terrorism Liaison Section on terrorism-related issues;

  • Ensure that each TLO is properly coordinating with the JRIC on regional terrorism-related issues;

  • Ensure an Interdepartmental Correspondence Form 15.02.00, be generated from the Area/division commanding officer to the Commanding Officer, MCD, designating the respective Area/division assigned TLOs;

  • Ensure the TLOs attend the POST certified TLO Basic course within six months of being designated as a TLO; and,

  • Monitor the regular JRIC informational products in regard to terrorism and homeland security issues that may affect their jurisdiction.

Note:  Commanding officers may consider that officers in their command may have experience, knowledge and/or military experience who may be suitable for the TLO position.

The commanding officer of each specialized divisions shall:

  • Designate two to five employees as the TLOs representing their respective division. One TLO shall be the training coordinator.  The chosen TLOs shall have overall knowledge of the terrorist issues related to the division;

  • Ensure that each TLO is properly coordinating with the MCD Terrorism Liaison Section on terrorism-related issues;

  • Ensure that each TLO is properly coordinating with the JRIC on regional terrorism-related issues;

  • Ensure an Interdepartmental Correspondence be generated from the Area/division commanding officer to the Commanding Officer, MCD, designating the respective Area/divisions assigned TLOs;

  • Ensure that the TLOs attend the POST-certified TLO Basic Course within six months of being designated as a TLO; and,

  • Monitor the regular JRIC informational products in regard to terrorism and homeland security issues that may affect their jurisdiction.

Note:  Specialized divisions include, but are not limited to, the four bureau traffic divisions; Scientific Investigation Division; Hiring and Evaluation Section of Personnel Group; specialized detective divisions from Detective Bureau (Gang Operations and Support Division); and Counter Terrorism and Special Operations Bureau (i.e., Air Support Division, and Metropolitan Division).

271.46 REPORTING SUSPICIOUS ACTIVITY POTENTIALLY RELATED TO FOREIGN OR DOMESTIC TERRORISM.

 

DEFINITIONS.

 

Suspicious Activity. Suspicious Activity is defined as observed behavior reasonably indicative of pre-operational planning related to terrorism or other criminal activity.

 

Terrorism.  Terrorism is defined as the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.  This is consistent with the Code of Federal Regulations (28 C.F.R. Section 0.85).  This definition includes individuals and groups who plan, threaten, finance, aid/abet, and attempt or perform unlawful acts in furtherance of terrorist activity.

 

Suspicious Activity Report. A Suspicious Activity Report (SAR)), Form 03.24.00, is an official documentation of observed behavior reasonably indicative of pre-operational planning related to terrorism or other criminal activity.  The SAR is a stand-alone report.  The information reported in a SAR may result from observations or investigations by police officers, or may be reported to them by private sources.

 

These terrorism-related behaviors may indicate intelligence gathering or pre-operational planning related to terrorist activities or other criminal activity.  These activities and behaviors include:

 

Criminal Activity and Potential Terrorism Nexus Activity.

  • Breach/Attempted Intrusion.  Unauthorized individuals attempting to or actually entering a facility/infrastructure or protected site;

  • Misrepresentation.  Presenting false or misusing insignia, documents, and/or identification to misrepresent one’s affiliation to cover possible illicit activity.  Impersonation of any authorized personnel (e.g., police, security, or janitor);

  • Theft/Loss/Diversion.  Stealing or diverting (obtaining or acquiring) something associated with a facility/infrastructure [e.g., badges, uniforms, identification, emergency vehicles, technology or documents (classified or unclassified), which are proprietary to the facility];

  • Sabotage/Tampering/Vandalism.  Damaging, manipulating, or defacing part of a facility/infrastructure or protected site;

  • Cyber Attack.  Compromising or attempting to compromise or disrupt an organization’s information technology infrastructure;

  • Expressed or Implied Threat.  Communicating a spoken or written threat to damage or compromise a facility/infrastructure, protected site, and cyber attacks; or,

  • Aviation Activity.  Operation or attempted operation of an aircraft in a manner that reasonably may be interpreted as suspicious or posing a threat to people, buildings/facilities, infrastructures, or protected sites.  Such operation may or may not be a violation of Federal Aviation Administration regulations.

Potential Criminal or Non-Criminal Activity Requiring Additional Fact Information During an Investigation. 

  • Eliciting Information.  Questioning individuals at a level beyond mere curiosity about particular facets of a facility’s or building’s purpose, operations, security procedures, etc., that would arouse suspicion in a reasonable person;

  • Testing or Probing of Security.  Deliberate interactions with, or challenges to, installations, personnel, or systems that reveal physical, personnel or cyber security capabilities;

  • Recruiting.  Building of operations teams and contacts, personal data, banking data or travel data;

  • Photography.  Taking pictures or videos of facilities/buildings, infrastructures, or protected sites in a manner that would arouse suspicion in a reasonable person.  Examples include taking pictures or videos of ingress/egress, delivery locations, personnel performing security functions (e.g., patrol, badge/vehicle checking), security-related equipment (e.g., perimeter fencing, security cameras), etc.;

  • Observation/Surveillance.   Demonstrating unusual interest in facilities/buildings, infrastructures or protected sites beyond mere casual or professional (e.g., engineers) interest, such that a reasonable person would consider the activity suspicious.  Examples include observations through binoculars, taking notes, attempting to measure distances, etc.;

  • Materials Acquisition/Storage.  Acquisition and/or storage of unusual quantities of materials such as cell phones, pagers, fuel, chemicals, toxic materials, and timers, such that a reasonable person would consider the activity suspicious;

  • Acquisition of Expertise.  Attempts to obtain or conduct training in security concepts, military weapons or tactics, or other unusual capabilities such that a reasonable person could consider the activity suspicious;

  • Weapons Discovery.  Discovery of unusual amounts of weapons, explosives, or their components that would arouse suspicion in a reasonable person; or,

  • Sector-Specific Incident.  Actions associated with a characteristic of unique concern to specific sectors (such as the public health sector) with regard to their personnel, facilities, systems or functions.

Note:  These activities are generally protected by the First Amendment to the United States Constitution and should not be reported in a SAR, absent articulable facts and circumstances that support suspicion that the behavior observed is not innocent, but rather reasonably indicative of criminal activity associated with terrorism, including evidence of pre-operational planning related to terrorism..  Race, ethnicity, national origin, or religious affiliation should not be considered as factors that create suspicion (although these factors may be used as specific-involved person descriptors).

 

Involved Person (IP). An involved person (IP) is an individual who has been observed engaging in suspicious activity, when no definitive criminal activity is identified, thus precluding their identification as a suspect.

 

Potential Target.  A potential target is a person, facility/building, infrastructure or protected site that is or may be the object of the suspicious activity.

REPORTING AND
INVESTIGATIVE RESPONSIBILITIES FOR SAR-RELATED INCIDENTS AND CRIME AND/OR ARREST REPORTS All reports of suspicious activity is to be reported on a SAR.  The Division of Records (DR) number for all associated reports (e.g., Property Report, Form 10.01.00; Investigative Report (IR), Form 03.01.00; and Arrest Report, Form 05.02.00) is to be listed in the space provided on the upper left-hand corner of the SAR face sheet.

Employee's – Responsibilities. Any Department employee receiving any information regarding suspicious activity
and/or observing any suspicious activity is to investigate and take appropriate action, including any tactical response or notifications to specialized entities:

 

Note: This section does not preclude, in any way, an employee taking immediate action during the commission of a criminal act, or in circumstances which require the immediate defense of life, regardless of the nature of origin.

 

Activities that are generally protected by the First Amendment should not be reported as a SAR, unless additional facts and circumstances can be clearly articulated that support an officer’s or agency’s determination that the behavior observed is reasonably indicative of criminal activity associated with terrorism or other criminal activity.

 

Officers are reminded of constitutional and case law as they pertain to search and seizure, and to stop and frisk.  Officers, who have neither reasonable suspicion to detain nor probable cause to arrest, cannot legally prevent an individual from walking away.

 

Consensual Encounter.  A consensual encounter is an encounter between a police officer and an individual in which the individual voluntarily agrees to stop and speak with the officer.  The individual is free to leave at any time during a consensual encounter unless there is reasonable suspicion to detain or probable cause to arrest.

 

Lawful Detention.  A lawful detention must be based on reasonable suspicion that criminal activity has taken place or is about to take place, and that the person detained is connected to that activity.

 

Arrest.  Probable cause to arrest is a set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime.
  • If the suspicious activity observed (e.g., suspicious behaviors or activities only) is not directly related to a reportable crime and/or any other type of investigation.

     

    • Record the information collected from the person reporting, or officer’s observations on a SAR;

    • If the potential target of the activity can be identified (e.g., government, person, building/facility, infrastructure or protected site, or an official being surveilled), that location or individual is to be listed within the “Potential Target" section of the SAR . Otherwise the “City of Los Angeles” is to be listed as the potential target;

    • List the person reporting within the “Witness” section of the SAR.  If the person reporting refuses to identify themselves, list them as “Anonymous”;

    • List any additional witnesses;

    • List the parties engaged in the suspicious behavior as Involved Persons within the “Involved Persons” portion of the SAR.  With no reportable crime, they cannot be listed as suspects.  Utilize page 2 of the SAR to include additional descriptive information;

    • Notify the watch commander, Area of occurrence.  Upon approval by the watch commander, ensure that the Area Records Unit is made aware of the report and immediately assigns a DR and incident number for the SAR.  Refer to the Area Records Unit’s Responsibilities Note Section regarding manual DR numbers;

    • If there is property or evidence associated with the suspicious activity, a separate Property Report is to be completed.  The Property Report is to bear a separate DR and incident number from the SAR, along with the following:

       

      • The Evidence box is to be marked;

      • The Investigative Unit box is to be Major Crimes Division (MCD);

      • The Connecting Reports box is to be marked “None”;

      • In the narrative portion of the report, officers are to write, “Do not release or destroy prior to contacting MCD.  Below listed property booked on advice from MCD”;

       

    • The Property Report DR number is to be referenced in the “Prop Rpt DR#” box provided on the upper left-hand corner of the SAR face sheet;

    • The booked property and the Property Report is to remain in the division of occurrence;

    • Send the original SAR to Counter Terrorism and Special Operations Bureau (CTSOB)/MCD, Stop 400, as soon as practicable, but no later than 24 hours after the report is taken and faxed to MCD.  No copies of the SAR are to be maintained at the Area.

Note:  The SAR DR and incident numbers are not be referenced in the Property Report or any other report.

  • If the suspicious activity observed is related to a criminal or other type of investigation (e.g., bomb threat, vandalism, trespass, assault, domestic violence, impound, narcotics, property report, etc.), officers are to complete the following:

     

    • Complete the investigation and any appropriate reports [e.g., IR; Arrest Report; Property Report; Vehicle Report, CHP 180 (impound) and/or any other related reports];

    • Complete a SAR with a separate DR and incident number.  Refer to the Area Records unit’s Responsibilities Note Section regarding manual DR numbers;

    • Ensure that the DR number(s) of all completed crime, arrest, and/or property reports are listed and referenced in the appropriate boxes provided in the upper left-hand corner of the SAR face sheet.  Include any additional information that provides the nexus to terrorism within the narrative of the SAR on page 2;

    • Ensure that the SAR DR and incident numbers are not referenced in any other reports, e.g., crime, arrest, etc.;

       

      Note:  The physical disclosure of a SAR during criminal and/or civil discovery should only occur pursuant to a lawful court order.

       

    • Notify the watch commander, Area of occurrence.  Upon approval by the watch commander, ensure that the Area Records Unit is made aware of the report.  These reports are to be processed separately;

    • Notify MCD [contact Real-Time Analysis and Critical Response Division (RACR) for off-hours notification] if the report involves an arrest or a crime with follow-up potential; and,

    • Send the original SAR, including a copy of all associated reports, to CTSOB/MCD, Stop 400, as soon as practicable, but no later than 24 hours after the report is taken and faxed to MCD.  No copies of the SAR shall be maintained at the Area.

Note:  Employees may reference that a SAR was completed and indicate the SAR DR number only, and not the involved person’s information in their Daily Field Activities Report (DFAR), Form 15.52.00, e.g., “a SAR was completed, DR No.__.”  The involved person’s name(s) from the SAR are not to be documented on the aforementioned report or any other related reports, e.g., IR, Arrest, etc.

Hazardous Devices Materials Section, Emergency Services Division – Responsibility.  Personnel assigned to the Explosive Unit (Bomb Squad), Hazardous Materials Unit, or Los Angeles Police Department Bomb Detection Canine (K-9) Section are to ensure that a SAR is completed on all incidents on which they respond where a potential nexus to terrorism exists.  Suspicious Activity Reports completed by personnel assigned to these units shall be processed through a geographic Area Records Unit as directed below.

 

Watch Commander's – Responsibilities. Upon notification that officers have received information regarding suspicious activity, the watch commander is to:

  • Ensure that the information supports the completion of a SAR and that no greater law enforcement response or notifications to MCD are currently needed;

  • Review the SAR for completeness; and,

  • Ensure the Area Records Unit immediately assigns a DR Number for the SAR, enters the information into the Consolidated Crime Analysis Database (CCAD) system,  forwards the original SAR, including a copy of all associated reports to MCD, and faxes all reports to MCD no later than 24 hours after the report is taken.  Refer to the Area Records Unit’s Responsibilities Note Section regarding manual DR numbers..

Note:  Supervisors and watch commanders may reference that a SAR was completed and indicate the SAR DR number only, and not the involved person’s information in their Sergeant’s Daily Report, Form 15.48.00, or Watch Commander’s Daily Report, Form 15.80.00, e.g., “SAR report completed, DR No.__.”  The involved person’s name(s) from the SAR is not to be documented on the aforementioned reports or any other related reports, e.g., IR, Arrest, etc.

 

Major Crimes Division's – Responsibilities. Upon receiving a telephonic notification of suspicious activity, MCD personnel will, when appropriate, conduct immediate debriefs of arrestees, and/or witnesses, and provide the appropriate guidance to patrol officers. Upon receiving a SAR which has been forwarded and faxed to MCD, assigned MCD personnel are to follow established protocols regarding the processing of such information.  Refer to the Area Record Unit’s Responsibilities Note Section regarding manual DR numbers and MCD’s responsibilities in reference to this.
 

Area Records Unit's – Responsibilities. Upon receipt of the original SAR and associated reports (e.g., Property Report, IR, and/or Arrest Report, etc.) records personnel are to:

  • Assign DR number(s) for the SAR and other related reports, as appropriate;

Note:  If unable to obtain a DR number, DO NOT obtain a manual DR number for the SAR and do not keep a copy of the SAR.  Forward the original SAR to the SAR Unit, MCD, Stop 400 and fax it to MCD.  The SAR Unit personnel will obtain the required DR number and incident number.  If an arrest is involved, MCD will notify the Area of a manual SAR DR number.

  • Ensure that the DR number(s) of all associated reports (crime, arrest, property, an/or impound report, etc.) are listed in the appropriate boxes provided on the face sheet of the SAR;

  • Enter the information into the CCAD system, including any appropriate CTSOB-related codes; and,

  • Send the original SAR, including a copy of all associated reports,  to “CTSOB/MCD, Stop 400” as soon as practicable, but no later than 24 hours after the report is taken and faxed to MCD. No copies of the SAR are to be maintained at the Area.

Area Detective's – Responsibilities. For any associated reports, (e.g., Property Report, IR, and/or Arrest Report, etc.), which arrive at an Area Detective Division without having been reviewed by MCD personnel, Area detectives are to:

  • Immediately notify MCD and forward the SAR to MCD (No copies of the SAR are to be retained at the Area) and fax copies of the SAR and all reports to MCD.  Refer to the Area Records Unit’s Responsibilities Note Section regarding manual DR numbers;

  • Ensure the SAR has been screened by MCD personnel; and,

  • Complete any criminal investigation per existing Department policies and guidelines.

Counter-Terrorism and Special Operations Bureau - Responsibilities.  Counter-Terrorism and Special Operations Bureau is responsible for providing department personnel with training pertaining to the proper handling of suspected terrorism-related activity and ensuring adherence to the guidelines established regarding developmental information and intelligence systems.

 

272. SPOUSE BEATING.

272.20 REPORTING SPOUSE BEATING OFFENSE. Spouse beating offenses shall be reported on the Investigative Report, Form 03.01.00.

272.40 PHOTOGRAPHING VICTIM OF SPOUSE BEATING. The officer making a Investigative Report, Form 03.01.00, on a spouse beating offense shall have photographs taken of the victim's injury. Photographs shall be made by the Photographic Section, Scientific Investigation Division. If the Photographic Section is not open, Detective Support and Vice Division shall be notified.

272.45 REMOVING CLOTHING FROM FEMALE TO PHOTOGRAPH INJURY. An adult female shall be present whenever any clothes are removed from any other female for the purpose of photographing an injury. The name and address of the adult female witness shall be placed in the crime report.

273. BATTERY.

273.40 PHOTOGRAPHING VICTIM OF BATTERY. When the victim of a reported battery has injuries which should be photographed, the reporting officer shall issue the Victim's Report Memo, Form 03.17.00, and advise the victim to contact the Photographic Section, Scientific Investigation Division, to make an appointment to have the injuries photographed. "Photos Advised" shall be entered in the narrative portion of the report.

274. INTERVIEWING.

274.10 TAKING REPORTS AT THE STATION. When a person appears at a station and wishes to report an incident, the desk officer shall:

  • Determine if a report should be taken.

  • Complete the appropriate report.

  • Cause the reporting person to sign the report.

  • Submit the report to a supervisor for approval.

When the taking of the report is beyond the ability of the desk officer or requires expert knowledge, the desk officer shall refer the reporting person to the concerned division investigating unit. When the concerned division investigating unit is not available, referral shall be made to the division watch commander. In all cases, the final interviewing officer shall take the report.

Exception:  When the person wishes to make a traffic collision report or an auto theft report at the station, the desk officer shall follow the procedure set forth for:

  • Traffic collision reporting (Manual Section 4/430.05).

  • Auto theft reporting (Manual Section 4/220).

274.20 TELEPHONIC REPORTS. The following crimes may be reported telephonically when no unusual circumstances exist which require a field investigation.

Stolen vehicle, when:

  • The person reporting is the registered owner or lessee of the vehicle; AND,

  • The employee taking the report has verified through Department of Motor Vehicles files:

    • The registration and ownership of the vehicle.

    • The identity of the reporting person.

Note: Stolen vehicle reports shall not be taken telephonically for rented vehicles.

Burglary/Theft From Vehicle, or Plain Theft, when:

  • The property taken is valued at less than $3,000; and,

  • The person reporting is the owner of the property taken.

Grand Theft-Pickpocket when:

  • The suspect is not at the scene;

  • There is no possibility of locating the suspect through a limited follow‑up investigation by field personnel; and,

  • The property taken is valued at less than $3,000.

Battery, when:

  • No additional battery is likely to occur; and,

  • The injury, if any, does not require immediate medical attention.

Lewd/Annoying Phone Call, when the reporting person is in no immediate danger.

Any misdemeanor reportable on a Investigative Report, Form 03.01.00, when:

  • The amount of damage is estimated at less than $3,000, and,

  • The offense is not directly related to a labor dispute, and,

  • The offense has no racial, ethnic, or religious connotations.

Note: If the reporting person requests a receipt, he shall be advised that a Victim's Report Memo, Form 03.17.00, may be obtained at the station where the report was completed.

Automated Plain Paper Telephonic Reports. Telephonic report information may, in some instances, be entered directly into the automated system (CCAD) via a CRT device. The computer printout of the information printed on plain paper will constitute the crime report.

Processing. Plain paper reports shall be processed in the same manner as the Investigative Report, Form 03.01.00, or the Vehicle Report, CHP Form 180; i.e., approval, DR number, distribution, and filing requirements are the same as for the handwritten reports. 

Criteria for Use. Automated telephonic reporting may be used only by designated employees of the Information and Report Office, Communications Division, and only when:

  • A suspect/suspect vehicle has not been seen;

  • Prints or other evidence are not present;

  • There is no distinct M.O.;

  • The property loss is less than $3,000;

  • There is no serious injury to the victim; and,

  • There is only one victim involved.

Note: Crimes that are reported telephonically but do not conform to automated telephonic criteria shall be reported on preprinted report forms.

274.30 VEHICLE LICENSE PLATE INFORMATION. Officers who receive verbal information about the license plate number of a vehicle involved in a crime shall:

  • Direct the victim or witness to write the license plate information on a piece of paper, then have the victim or witness sign, date, and record the time on the piece of paper.

  • Book the piece of paper as evidence (Manual Section 4/510).

Exception: When the license plate number is that of a vehicle involved in a traffic collision, such as a hit and run vehicle, officers shall attach the piece of paper to a separate Narrative/Supplemental, CHP Form 556, with transparent tape, complete the first two lines of the CHP Form 556 and forward it with the Traffic Collision Report.

275. PIN MAPS.

275.10 CRIME PIN MAPS. Those divisions or units maintaining crime pin maps shall post such maps with the following designated pins:

DIVISIONAL PIN MAPS

Crime Pin Color Plain With Bar With Dot
 Burglary Red Day Night A.M.
 Robbery Green  “
 Rape and Assaults Black

 Theft from Auto Yellow
 Auto Theft Orange
 Purse Snatching Chocolate
 Recovered Auto White
 Burglary from Auto Blue 
 

WATCH PIN MAPS

Crime  Pin
 Residence Burglary

 Plain Red

 Business Burglary  

 Red With Bar

 Gas Station Burglary  Red With Dot

 Street Robbery 

 Plain Green

 Business Robbery

 Green With Bar
 All Other Robberies   Green With Dot

 Rape       

 Plain Black

 Assaults         

 Black With Bar

 Theft from Auto

 Plain Yellow

 Theft from Business 

 Yellow With Bar

 Other Thefts

 Yellow With Dot

 Auto Theft (Street)  

 Plain Orange

 Auto Theft (Parking Lot)  

 Orange With Bar

 Auto Theft (Other)  

 Orange With Dot

 Purse Snatching 

 Plain Chocolate

 Recovered Auto 

 Plain White

 Burglary from Auto

 Plain Blue

275.50 TRAFFIC PIN MAP INFORMATION. Traffic collision pin maps shall be kept up to date on the basis of information received from the Crime and Miscellaneous Reports Section, Records and Identification Division.

276. TRESPASS.

276.10 ISSUANCE AND DISTRIBUTION OF THE TRESPASS WARNING LETTER, FORM 03.21.00.

Officer's Responsibility - Whenever an officer determines that an individual has entered upon Housing Authority property without lawful permission, the officer shall verbally advise the individual that he or she is trespassing. A check shall then be made to determine if a Form 03.21.00 is on file with division of occurrence.

If the individual was issued a Form 03.21.00 within the preceding 30-day period, the individual shall be arrested for violation of Section 41.23 LAMC. A copy of the Form 03.21.00 shall be made and attached to the arrest report. The original Trespass Warning Letters shall remain in the Trespass warning book at the division's subpoena control office.

If a Trespass Warning Letter is not on file, the officer shall issue a Form 03.21.00. The officer shall read the second paragraph of the Trespass Warning Letter to the violator, and then request the violator to sign the form. If the individual refuses to sign the form, the officer shall print "Refused" on the violator's signature line followed by his/her initials. The officer shall sign and date the form prior to providing the violator with the second copy of the document. The original document and one copy shall be turned in with the officer's Daily Field Activities Report, Form 15.52.00.

Note: An individual that was previously served with a Trespass Warning Letter, may be arrested only when the warning and arrest are for the same Housing Authority - property with the 30-day period.

Subpoena Control Officer's Responsibility - Subpoena control officers shall ensure that the original Form 03.21.00 be retained in a notebook binder in the Subpoena Control office. A copy shall also be placed in a three-ring notebook binder that shall be retained at the division's front desk, for field personnel use.

Commanding Officer's Responsibility - Commanding officers shall ensure that a binder is maintained in the division's subpoena control office to retain the original Trespass Warning Letters. A Trespass Warning book shall also be maintained at the division's front desk for use by field personnel. Commanding officers shall ensure that copies of the Form 03.21.00 are purged from the book after 30 days.

278. DEPOSITING WEAPONS AT JAIL. Officers entering any area of a jail where arrestees are booked or detained shall deposit weapons in a weapons locker or other location of safety prior to, or immediately upon, entering the jail.

Note: Weapons shall include, but are not limited to, firearms, saps, and batons.

279. SHOTGUNS IN POLICE VEHICLES. A loaded Department shotgun carried in a police vehicle shall contain four rounds of ammunition in the magazine, shall be cocked, and the safety shall be in the "ON" position. A shotgun shall not be carried in a police vehicle with a round of ammunition in the chamber.

280. PRIVATE PERSONS IN POLICE VEHICLES. All requests to ride in police vehicles for the purpose of gathering information for use in feature articles shall be referred to the Commanding Officer, Media Relations and Community Affairs Group. All requests by private persons to ride in police vehicles for purposes other than feature articles shall be referred to the concerned division commanding officer.

282. LOST OR DAMAGED DEPARTMENT EQUIPMENT. Loss, recovery, unserviceable condition of, or damage to, City‑owned equipment shall be reported by the discovering employee(s) to a supervisor as soon as practicable. The supervisor shall conduct an investigation to determine if the loss, damage or condition of the item was a result of negligence or carelessness on the part of a Department employee. The supervisor conducting the investigation shall ensure that a lost or theft report is completed on all missing items. Should employee negligence or carelessness be indicated in the investigation, an Employee's Report to that effect shall be initiated by the investigating supervisor. The commanding officer of the unit to which the equipment is assigned, shall forward an Intradepartmental Correspondence, Form 15.02.00, explaining the circumstances of the loss, and/or corrective action taken, along with a copy of any related report(s) to the Commanding Officer, Administrative Services Bureau.

When employees' Department identification cards or badges are lost or stolen, they shall obtain a replacement from Personnel Division.

When supervisors approve a crime or lost property report which includes a lost or stolen Department Badge or identification card, they shall cause a teletype to be sent to all Department facilities with the heading: "ATTENTION LOST/STOLEN DEPARTMENT IDENTIFICATION CARD/BADGE."

Any lost, theft, damage or destruction of electronic communication equipment shall be reported as directed in Manual Section 3/579.

283. DAMAGE TO PRIVATE PROPERTY. Employees who have taken police action resulting in the mistaken damage of private property shall immediately notify their supervisor or watch commander and complete an Employee's Report, Form 15.07.00, prior to the end of his/her tour of duty, giving the details of the occurrence. The employee's supervisor shall ensure that telephonic notification is made to the Police Supply Section, Fiscal Operations Division, requesting the repair of the property. The concerned supervisor shall report the incident to the concerned commanding officer. The commanding officer shall complete an Intradepartmental Correspondence, Form 15.02.00, explaining the circumstances of the incident and ensure that the completed correspondence is forwarded to the Commanding Officer, Fiscal Operations Division. The Form 15.07.00 completed by the concerned officer and a copy of the commanding officer's Form 15.02.00 shall be filed in the officer's unit of assignment.

Note: When Fiscal Operations Division is closed, the telephonic notification shall be made to Detective Support and Vice Division.

284. INTERNATIONAL RELATIONS.

284.10 DIPLOMATIC AND CONSULAR CONTACTS.

Officer's Responsibility. When officers detain an individual suspected of committing a crime who claims to be a diplomatic agent, a career consular officer, an honorary consular officer, or a family member or employee of such agent, and there is a question as to the suspect's identity or immunity, the officer shall:

  • Immediately obtain the assistance of a supervisor;

  • Immediately cause the Diplomatic Liaison Officer, to be notified of the detention, identity, and claim of the individual; and,

  • Be guided by the advice of the Diplomatic Liaison Officer.

Note: When the Diplomatic Liaison Officer is unavailable, notification should be made to the Realtime Analysis and Critical Response (RACR) Division.

If detained, the diplomatic agent, consular officer, or honorary consular officer should not normally be handcuffed. However, in circumstances where the safety of the public or the police officer is in danger, or it is apparent that a serious crime may be committed, police officers shall take necessary action.

In all cases where a diplomatic agent, consular officer, honorary consular officer, or member of the diplomatic agent's staff is detained for a felony crime or for driving under the influence, notification shall be made to the Diplomatic Liaison Officer, or, when the Diplomatic Liaison Officer is unavailable, the Realtime Analysis and Critical Response (RACR)  Division.

Diplomatic Liaison Officer Responsibility. When notified that a foreign national has been detained by a member of this Department and claims to have diplomatic or consular immunity, the Diplomatic Liaison Officer shall:

  • Contact the Protocol Office, United States Department of State, for verification; and,

  • Advise the requesting department personnel of the status of the foreign national and procedures to be followed during the contact.

Note: When the Diplomatic Liaison Officer is unavailable, the Realtime Analysis and Critical Response Division shall be responsible for making the appropriate inquiries and advising the notifying officer.

284.15 DIPLOMATIC AGENT IMMUNITY. A diplomatic agent is any person entrusted by a foreign government and approved by the United States government to exercise diplomatic functions in this country. This includes the Ambassador, Minister, and the Minister Counselor, Counselor, First Secretary, Second Secretary, attaché, or other diplomatic officer. Diplomatic agents enjoy the highest degree of privileges and immunities.

Criminal Incidents. Diplomatic Agents, their families, and members of their administrative and technical staff are protected by unlimited immunity from arrest, detention, or prosecution with respect to any civil or criminal offense. This is known as personal inviolability.

Diplomatic agents, their family members and members of their administrative or technical staff stopped while driving under the influence should not be permitted to continue driving. Officers shall immediately obtain the assistance of a supervisor who shall assess the situation and determine the appropriate action to be taken. Field sobriety tests should be offered, but cannot be compelled. When practicable, the supervisor shall assist the individual in securing an alternate means of transportation (e.g., request a cab, contact a responsible party) or when, reasonable, transport the individual to a location of their choice. All the facts of the incident, including all objective signs of intoxication should be documented in the appropriate Department report (e.g., CHP, Form 555.03, Traffic Collision Information, Form 04.37.00, etc.) If no other Department report is completed, the facts shall be documented in an Employee’s Report, Form 15.07.00, and forwarded to the Diplomatic Liaison Officer.

Note: Service staff of diplomatic agents are immune from prosecution for acts committed while performing diplomatic functions. However, they are subject to criminal offense under other circumstances.

Traffic Enforcement. Officers shall not normally issue personal service or absentee citations to diplomatic agents, their family members, or members of their administrative and technical staff. Officers shall not impound the vehicles of these officials. In those instances when the driving of the official is a danger to others, a supervisor shall be summoned to the scene. With the supervisor's approval, a citation may be issued. If the individual refuses to sign the citation, he or she shall be permitted to leave the location. All copies of the unsigned citation, accompanied by an Employee’s Report, Form 15.07.00, explaining circumstances of the contact, shall be forwarded to the Diplomatic Liaison Officer the next business day following the incident. If the individual signs the citation, a photocopy of the citation accompanied by an Employee's Report, Form 15.07.00, explaining the circumstances of the contact shall be forwarded to the Diplomatic Liaison Officer the next business day following the incident.

Note:  The Department Diplomatic Liaison Officer (DDLO) shall be notified of any aggravated contact involving a incident involving their family members, offices, or residence within the City (i.e., demonstrations, vandalism, etc.).  The Department Diplomatic Liaison Officer shall also receive a copy of any report completed that involves a diplomatic or consular officer.

Exception: The vehicle of the diplomatic agent, their family, or member of their administrative or technical staff may be impounded when it constitutes a traffic hazard or when parked on a tow‑away zone. The vehicles shall be cited when they are impounded.

Premises and Property Immunity. Officers shall not enter the premises of the diplomatic agent or the premises of the administrative or technical staff. The premises can include the residence, office or office space within the residence, even in "hot pursuit," without the express consent of the head of the diplomatic post or his or her designee. Consent may be assumed in the case of fire or other disaster requiring prompt action.

Officers shall take all appropriate steps to protect the diplomatic agent's premise and the premises of their administrative and technical staff against any disturbance of the peace of the diplomat post or impairment of its dignity. No arrest or other probable cause is necessary to remove unwanted persons from the premises upon request of the individual.

Diplomatic agent archives, files, and documents, including official mail are immune from local jurisdiction at all times wherever they may be. The diplomatic mailbag shall not be opened or detained. The diplomatic courier is immune from any form of arrest or detention during the performance of his or her duty.

284.20 CAREER CONSULAR OFFICER IMMUNITY. A career consular officer is any person entrusted by a foreign government and authorized by the United States Government to perform formal consular functions in this country. This includes the Consul‑General, Consuls, and Vice‑Consuls. A career consular officer is a citizen of a foreign country empowered by its government to act in its behalf on trade matters and other limited governmental functions. Each career consular officer possesses State Department credentials (bearing the State Department's seal, the name of the officer, his or her title, and the signatures of State Department officials) and other official identification.

Criminal Incidents. Career consular officers have only official acts or functional immunity in respect to both criminal and civil matters. Career consular officers may only be arrested for a felony pursuant to a warrant and may be detained at anytime if the offense involved is an immediate threat to public safety. A career consular officer is not liable to detention or arrest for a misdemeanor. The consular officer shall be informed of the violation and be permitted to continue on his or her way. This is known as consular inviolability. A career consular officer's family and staff have no consular inviolability whatsoever. If the career consular officer commits or is in the process of committing a felony, which is an immediate danger to the public safety, the consular officer shall be taken into custody and held until booking advice is received.

Career consular officers stopped while driving under the influence should not be permitted to continue driving. Officers shall immediately obtain the assistance of a supervisor who shall assess the situation and determine the appropriate action to be taken. Field sobriety tests should be offered but they cannot be compelled. When practicable, the supervisor shall assist the consular officer in securing an alternate means of transportation (e.g., request a cab; contact a responsible party) or, when reasonable, transport the consular officer to a location of the consular officer's choice. All the facts of the incident, including all objective signs of intoxication, should be documented in the appropriate Department report (e.g., Traffic Collision Report, CHP Form 180, Municipal Supplement, Form 04.03.01, etc.). If no other Department report is completed, the facts should be documented in an Employee Report, Form 15.07.00, and forwarded to the Diplomatic Liaison Officer.

Traffic Enforcement. The traffic enforcement section regarding diplomatic agents (Manual Section 4/284.15) shall apply to career consular officers as well.

Premises and Property Immunity. Officers shall not enter a career consular officer's official office or the official office space within the consular officer's residence, even in "hot pursuit," without the express consent of the head of the consular post or his or her designee. Consent may be assumed in the case of fire or other disaster requiring prompt action.

Officers shall take all appropriate steps to protect the consular officer's premises against any disturbance of the peace of the diplomatic post or impairment of its dignity. No arrest or other probable cause is necessary to remove unwanted persons from the premises upon request of the consular officer.

Career consular officer archives, files, and documents including official mail, are immune from local jurisdiction at all times wherever they may be. The consular mailbag shall not be opened or detained. The consular courier is immune from any form of arrest or detention during the performance of his or her duty.

Note: The United States may have reached bilateral agreement with certain foreign governments, whereby their consular personnel in the United States (and their families) have privileges and immunities approximating those afforded diplomatic officers. Police officers should be guided by the Diplomatic Liaison Officer in these instances.

284.25 HONORARY CONSULAR OFFICER IMMUNITY. An honorary consular officer is a United States citizen or a citizen of a foreign country who is a permanent resident of the United States appointed to perform the functions of a career consular officer. They do not possess a State Department identification card, but may have other official identification.

Criminal Incidents. Honorary consular officers may be detained and arrested for felony or misdemeanor offenses. They may not be prosecuted for acts committed only when performing consular functions. After an honorary consular officer or employee has been arrested, he or she may raise the defense of immunity at the trial. The determination regarding immunity will be made by the judge. Members of an honorary consular officer's family and private or domestic staff have no consular inviolability whatsoever.

Traffic Enforcement. The traffic enforcement section regarding diplomatic agents (Manual Section 4/284.15) shall apply to honorary consular officers as well.

Premises and Property Immunity. Official office, archives, files and documents, including mail, are immune from local jurisdiction at all times wherever they may be. The consular mailbag shall not be opened or detained. The consular courier is immune from any form of arrest or detention during the performance of his or her duty.

284.35 REQUESTS FOR INFORMATION REGARDING CONSULAR OFFICERS. Officers desiring additional information regarding consuls and consular relations will contact the Diplomatic Liaison Officer. Legal information regarding consular immunity may be obtained from Legal Affairs Division, during normal business hours.

284.38 REPORT ‑ DISTRIBUTION WHEN CIRCUMSTANCES INVOLVE CONSULAR OFFICERS. The supervisor approving the report shall cause one copy of all crime, arrest, traffic and other related reports involving consular officers to be distributed to the following entities: The Diplomatic Liaison Officer; Commanding Officer, Counter Terrorism and Special Operations Bureau; Commanding Officer, Major Crimes Division; Commanding Officer, Media Relations and Community Affairs Group, Office of the Chief of Police.

284.40 NOTIFICATION PROCEDURES FOR AGGRAVATED CONTACTS INVOLVING CONSULAR OFFICERS.

Officer's Responsibility. An officer who has observed or who is called to the scene of an incident involving a consular officer or a member of his or her family which is, or may become, aggravated shall:

  • Immediately obtain the assistance of a supervisor.

  • As soon as practicable, notify the Diplomatic Liaison Officer, or the Realtime Analysis and Critical Response Division (RACR), after hours.

  • Complete an Employee's Report, Form 15.07.00, and any other report necessary under the circumstances.

Note: The Form 15.07.00 need not be completed when all the information necessary for the Chief of Police is included in another written report.

Supervisor's Responsibility. A supervisor called to the scene of an aggravated incident involving a consular officer or a member of his or her family shall:

  • Assess the situation and take any appropriate action.

  • Immediately notify the Diplomatic Liaison Officer, describing the situation and circumstances of the aggravated incident. During those hours when the Diplomatic Liaison Officer is unavailable, the Watch Commander, Realtime Analysis and Critical Response Division, shall be notified and directed to contact the concerned staff officer. The supervisor shall remain available for a return call from the concerned staff officer.

  • Contact the Protocol Officer or Assistant Protocol Officer, Office of the Mayor. During those hours when the Protocol Office is closed, the City Hall switchboard operator shall be requested to transfer the call to either of the concerned protocol officers.

  • Cause a copy of the concerned reports to be forwarded without delay in accordance with Manual Section 5/030.66.

Watch Commander, Realtime Analysis and Critical Response Division Responsibility. When requested by the field supervisor, the Watch Commander, Realtime Analysis and Critical Response Division, shall notify the Diplomatic Liaison Officer and request him/her to call the field supervisor.

Note: Although consular immunity does not extend to a consular officer's family, this notification procedure shall be observed for aggravated incidents involving a consular officer or a member of his or her family. Aggravated incidents are not limited to driving under the influence or felony offenses but shall be considered incidents of any nature which may tend to become aggravated due to the circumstances or personalities involved.

284.45 REQUESTS FOR POLITICAL ASYLUM.

Employee's Responsibility. An employee receiving a request for political asylum from a foreign national shall immediately notify a supervisor.

  • If the total circumstances are not recorded on another report, complete an Employee's Report, Form 15.07.00, setting forth the facts of the situation.

Note: A foreign national, including a minor, within the United States is entitled to the same protections under the law guaranteed a United States citizen; therefore, officers may use that force necessary to protect a person requesting asylum and to ensure the safety of that person.

Supervisor's Responsibility. A supervisor notified of a request for political asylum by a foreign national shall:

  • Cause the Diplomatic Liaison Officer, and Watch Commander, Realtime Analysis and Critical Response Division to be notified and be guided by their advice; and,

  • Cause a copy of all reports to be forwarded, without delay, in accordance with Manual Section 5/15.7-84.

RACR's Responsibility. The Watch Commander, RACR, shall immediately notify the Operations Center, Department of State, Washington, D.C., of a request (or imminent request) for political asylum which:

  • Is politically sensitive;

  • Involves the possibility of forcible repatriation;

  • Is determined by the RACR Watch Commander to be of special interest to the Department of State;

  • Involves a foreign national who is present in the United States as part of an official visit, formal cultural or athletic exchange, exchange student program or state‑owned business or enterprise activity, or who is in transit through the United States in such capacity; or,

  • Involves any foreign diplomat, foreign consular officer, or foreign official, regardless of the country.

Any other requests for political asylum shall be referred to the Immigration and Naturalization Service.

The Watch Commander, RACR, shall ensure that the Diplomatic Liaison Officer is notified of any request for political asylum as soon as practicable.

284.46 RIGHTS OF ARRESTED FOREIGN NATIONALS.

Officer’s Responsibility. Officers arresting or detaining a foreign national shall notify Realtime Analysis and Critical Response Division (RACR) and the Diplomatic Liaison Officer of the arrest or detention whether or not the foreign national wants the consulate notified.

Note: Manual Section 4/284.10 defines those persons protected by unlimited immunity from arrest or detention.

RACR’s Responsibility. Realtime Analysis and Critical Response Division shall be guided by the Department of State Guidelines Regarding Foreign Nationals Arrested or Detained in the United States, and make the appropriate notifications to the concerned consular officials.

Watch Commander's Responsibility. The Watch Commander of the concerned custodial facility shall ensure that the arrestee is allowed to communicate, correspond with, and be visited by consular officials of his country.

284.47 DEATH OR GUARDIANSHIP OF A FOREIGN NATIONAL.

Employee's Responsibility. An officer shall notify RACR and the Diplomatic Liaison Officer when investigating:

  • The death of a foreign national; or,

  • Any situation which requires the appointment of a guardian or trustee for a foreign national.

RACR’s Responsibility. The Watch Commander, RACR, shall ensure that the appropriate foreign consular officials are notified of:

  • The death of a foreign national; or,

  • The need to appoint a guardian or trustee for a foreign national.

286. MAIN STREET FACILITY POOL VEHICLES.

286.10 OBTAINING VEHICLES FROM THE MAIN STREET FACILITY MOTOR POOL. When requesting a Main Street Facility Motor Pool vehicle, the requesting employee shall:

  • Complete the appropriate sections of the LAPD Transportation Order, Form 11.34.00, and forward it to the appropriate supervisor for approval;

  • Advise the approving supervisor of the reason the pool vehicle is needed; the estimated mileage the pool vehicle will be driven; and how long the vehicle will be in use; and,

  • Submit the approved LAPD Transportation Order, Form 11.34.00, to the Main Street Facility Motor Pool Dispatcher (Manual Section 3/582.50).

286.20 RETURNING VEHICLES TO THE MAIN STREET FACILITY MOTOR POOL. Once the specified use for a Main Street Facility Motor Pool vehicle has been completed, return the vehicle immediately as follows:

  • To the Main Street Facility Motor Pool Dispatcher;

  • When the Motor Pool Dispatch Office is closed, return the vehicle to Property Division; or

  • When the Motor Pool Dispatch Office and Property Division are closed, return the vehicle to the Main Street Facility Motor Pool Dispatcher before 0900 hours the following business day.

287. FUEL CREDIT CARDS.

287.10 CHECKING OUT FUEL CREDIT CARDS. The Criteria for issuing either an assigned or loaned fuel credit card are as follows:

  • Department business requires an employee to utilize a Department vehicle to travel on an extended trip outside the City; or,

  • Where specific circumstances might preempt the use of Department fueling facilities because of a conflict with the employee's assignment; or,

  • The division/employee is assigned a vehicle/motorcycle or other conveyance that requires premium fuel.

Assigned fuel credit cards shall be issued and controlled by the commanding officers office/ bureau/ area or division.

Loaned fuel credit cards are used for extended trips outside the City and shall be issued and controlled by the Administrative Unit, Real Time Analysis and Critical Response Division (RACR).

Note: Upon return of a loaned credit card, Real Time Analysis and Critical Response personnel shall ensure that the employee submits a Fuel Credit Card Expenditure Report, Form 11.01.01, and provides receipts for any gasoline obtained, and that the receipts bear the employee's serial number and the license number, shop number, and mileage of the City vehicle.

Requests for additional or replacement fuel credit cards shall be made by forwarding the appropriate correspondence to Motor Transport Division.

287.50 USE OF FUEL CREDIT CARDS. Credit cards shall be used only to purchase 87 Octane (Regular/Unleaded Gasoline), diesel fuel, motor oils, and fluids for use in City‑owned vehicles (vehicles, motorcycles, or other conveyances that require premium fuel are exempt).  No other purchases are authorized..

Employee's Responsibility. Every employee using a Department fuel credit card shall:

  • Submit a Fuel Credit Card Expenditure Report, Form 11.01.01, with attached receipt/s (vehicles, motorcycles, or other conveyances that require premium fuel are exempt).

  • Obtain fuel from a Department facility when ever possible, unless it would jeopardize his/her assignment when traveling within the City or surrounding areas;

  • Purchase only approved items (e.g., 87 Octane gasoline, diesel fuel, or oil). Gasoline or diesel fuel shall be purchased from self-service pumps when available;

  • Obtain a written receipt for all charges made on the credit card;

  • Ensure the credit card receipt bears the credit card number, the name and address of the service station from which the supplies were purchased, an itemized list of purchases, quantity of fuel in whole and tenths of gallon, and a legible total cost;

  • Place his/her serial number and the license number, shop number, and mileage of the City vehicle on the front side of the credit card receipt; and,

  • Submit receipts to the Administrative Unit, RACR, when a loaned fuel credit card is used; or,

  • Submit receipts to their immediate supervisor when an assigned fuel credit card of a specialized division is used.

Note: Employees shall not use the Department fuel credit card for purchasing repairs or servicing of Department vehicles. When an employee experiences mechanical problems outside the City, the employee shall contact the Motor Transport Division watch commander (during off hours Central Garage) for instructions.

A Department issued fuel credit card shall only be used by the person to whom it was issued and shall only be used at appropriate service stations. If necessary, fuel may be purchased for more than one vehicle with the same credit card at one time, but a separate receipt shall be obtained for each vehicle.

Exception: Prearranged group purchases of fuel for solo motorcycles do not require a separate receipt.

Supervisor's Responsibility. Each supervisor shall ensure that a Fuel Credit Card Expenditure Report, Form 11.01.01, was completed, if applicable; and,

  • Ensure each receipt is properly completed and attached to the Fuel Credit Card Expenditure Report, Form 11.01.01, to verify that the usage was for Department business in a City vehicle; and,

  • Forward the Fuel Credit Card Expenditure Report , Form 11.01.01, and credit card receipt to his/her commanding officer.

Commanding Officer's Responsibility. Each commanding officer reviewing a Fuel Credit Card Expenditure Report, Form 11.01.01, shall :

  • Ensure the form and receipts are complete and valid;

  • Original form and receipts to Planning and Research Division (PRD) for filing;

  • Maintain a copy of the form and receipts for two years; and,

  • Assist Motor Transport Division in resolving errors or exceptions upon receipt of a credit card use of exception report.

Motor Transport Division's Responsibility. Motor Transport Division shall:

  • Review monthly fuel invoices from the credit card company for errors and exceptions;

  • Create an exception report, listing purchases other than approved items;

  • Submit an exception report to the appropriate commanding officer(s);

  • Maintain copies of approved invoices and exception reports; and,

  • Forward approved invoices to the Department of General Services, Fuel Services and Environmental Compliance.

288. "UNDERCOVER" LICENSE PLATES. "Undercover" license plates shall not be used at any time on a Department vehicle equipped with a visible red light, siren, or any other visible police equipment or on a vehicle which is painted or otherwise identified as a police vehicle, or which is operated by a uniformed officer.

289. SAFETY BELTS IN DEPARTMENT VEHICLES.

Employee’s Responsibility. Employees and all others operating or riding in Department vehicles shall wear three‑point safety belts when provided. Two‑point safety belts (lap belts) shall be worn when three‑point safety belts are not provided. Employees intending to operate or ride in a Department vehicle shall ensure that all occupants of the vehicle are using the available safety belts before the vehicle is operated.

Child Seat Restraints. A child twelve (12) years of age and under, who is to be transported in any Department vehicle, shall be secured in the rear seat of the vehicle. A child who is under six (6) years of age or weighing less than sixty (60) pounds shall be secured in a child passenger seat restraint (car seat).

Employees shall place the child in a car seat which is Federal Safety Standard approved, and employees should attempt to place the child in a car seat which is appropriate for the child’s weight.

Traffic Coordination Section should be contacted for clarification regarding the appropriate car seat for the child’s weight.

Note: A Department vehicle is any motor vehicle which is under the direction and control of the police Department, including privately‑owned vehicles used for City business.

Safety belts shall be adjusted so they provide maximum protection with reasonable comfort.

Safety belts shall be inspected at the start of each watch. Any Department vehicle equipped with an unserviceable safety belt shall be removed from service.

Tactical Considerations. When a potentially dangerous tactical situation is perceived or anticipated, the safety belt may be removed to allow adequate time for safe response to the situation. During special operations, the safety belt may be removed when, in the belted employee's judgment, wearing the safety belt might adversely affect the special operation or endanger the employee.

Examples:

  • Officers may remove their safety belts immediately prior to arriving at the location of an emergency call so they can quickly leave their vehicles upon arrival.

  • Officers may remove their safety belts immediately prior to stopping a suspect. However, officers should be careful not to remove their safety belts prematurely and thus risk being without safety belt protection during a pursuit.

292. MOTION PICTURE/TELEVISION FILMING WORK PERMITS.

292.05 EMPLOYEE/RETIRED OFFICER’S RESPONSIBILITY. Employees or retired officers seeking employment at motion picture/television filming locations shall:

  • Complete the Motion Picture/Television Filming Work Permit Application/Renewal, Form 01.47.01;

  • Submit the completed application to his/her immediate supervisor for processing;

Note: Retired officers shall submit the completed application directly to the Work Permit Coordinator, Personnel Group, for approval.

  • Prior to processing of the application by Personnel Group, have a color photograph taken as directed by the Work Permit Coordinator, Personnel Group; and,

Note: Neither active employees nor retired officers shall engage in off-duty motion picture/television filming employment until final approval from Personnel Group has been obtained.

  • Comply with all rules and regulations as outlined on the Motion Picture/Television Filming Work Permit Application/Renewal, Form 01.47.01.

Note: Retired or off-duty officers who fail to comply with the rules and regulations of their Motion Picture/Television Filming Work Permits may be subject to suspension or revocation of their Motion Picture/Television Filming Work Permits. Active officers may also be subject to disciplinary action by the Department.

Off-duty officers employed by a filming company for the purpose of traffic control shall not issue citations for moving, non-moving or parking violations. An off-duty officer who believes enforcement action is appropriate at a filming location may proceed by submitting a Complaint Application, Form 05.15.00, or shall summon on-duty personnel who shall be responsible for the final determination regarding enforcement action.

Officers who are denied a Motion Picture/Television Filming Work Permit may appeal the denial by utilizing the appeal procedure in accordance with Manual Section 3/744.36.

Supervisor’s Responsibility. A supervisor receiving a Motion Picture/Television Filming Work Permit Application/Renewal shall:

  • Review the application for completeness;

  • Acknowledge receipt of the application by completing the “SUPERVISOR REVIEWING APPLICATION” line;

  • Ensure that the employment does not conflict with any duty restrictions the employee may have;

Note: An employee’s duty restrictions shall be obtained by contacting Medical Liaison Section, and/or the Area Sick/IOD Coordinator.

  • Document any information discovered that may result in a denial of the request for motion picture/television filming employment;

  • Forward the original application with all associated documents to the requesting employee’s commanding officer;

  • If the employee is requesting to use a two-wheeled motorcycle, ensure the requirements of Rule No. 4 on the application are verified; and,

  • If the employee is requesting to use a two-wheeled motorcycle, ensure that the requesting employee has included copies of his/her current driver’s license endorsed for motorcycle operation, current motorcycle registration, and proof of insurance.

Commanding Officer’s Responsibility. A Commanding officer receiving a request for engagement in outside employment at a motion picture/television filming location shall:

  • Review the application for appropriateness;

  • Ensure that the requesting employee and reviewing supervisor have included copies of the required documentation;

  • Review the documents to ensure the reviewing supervisor has conducted the appropriate investigation and that it does not conflict with any duty restrictions the employee may have;

  • Recommend approval or denial of the application by completing the “COMMANDING OFFICER, DIVISION OF ASSIGNMENT” line; and,

Note: The commanding officer’s signature does not constitute approval of the request for motion picture/television filming employment.

  • Submit the application to Personnel Group.

If denial of the application is recommended, the reason shall be stated in an Intradepartmental Correspondence, Form 15.02.00, and submitted to the Commanding Officer, Personnel Group, along with the application.

Commanding Officer, Emergency Services Division’s Responsibility. The Commanding Officer, Emergency Services Division shall be responsible for:

  • Investigating all complaints made against retired officers who have violated LAMC sections or Department rules and regulations covered by the Motion Picture/Television Filming Work Permit;

  • Completing all complaint investigations and recommending adjudication of complaints concerning retired officers; and,

  • Forwarding the completed investigation and recommended adjudication to the Commanding Officer, Personnel Group, for approval.

Note: In cases where off-duty, active Department personnel are alleged to have violated LAMC sections or Department rules and regulations, the Commanding Officer, ESD, shall notify the involved officer’s commanding officer for appropriate action.

Commanding Officer, Personnel Group’s Responsibility. The Commanding Officer, Personnel Group, shall be responsible for:

  • Reviewing, processing, and investigating each active and/or retired officer’s Motion Picture/Television Filming Work Permit Application/Renewal, Form 01.47.01;

  • Final approval or denial of each active and/or retired officer’s application; and,

  • Ensuring that the employment request by the active officer does not conflict with any duty restrictions.

294. IDENTIFICATION OF PERSONNEL REQUESTING TO CHECK DEPARTMENT RECORDS. An employee desiring to inspect the records maintained by Records and Identification Division shall present his/her identification card for inspection except when he is in uniform.

295. USE OF DEPARTMENT TELEVISION PRODUCTION EQUIPMENT.

Routine Requests. A commanding officer who desires to utilize the Department's television production equipment shall submit an Intradepartmental Correspondence, Form 15.02.00, to the Chief of Staff, at least one month prior to the date the equipment is needed. The request shall include a script or a description of the proposed production.

Exception: In cases of extreme urgency, a telephonic request may be made to the Commanding Officer, Training Division.

Major Police Incident Requests. During a major police incident, requests for the use of the color‑video van shall be made to the Commanding Officer, Training Division. When Training Division is closed, requests shall be made to the Administrative Unit, Detective Support and Vice Division.

Note: Because the van requires a crew of six and an hour to "set up" and an hour to "shut down," each request for the use of the color‑video van shall be carefully evaluated.

At the scene of a major police incident, the incident commander shall ensure that adequate security is provided for the van and equipment.

Outside Requests. Requests for the use of Department television production equipment which originate outside the Department shall be referred to the Office of the Chief of Police.

296. BUSINESS CARDS. When investigating officers make an official call for the purpose of interviewing a witness or victim, they shall leave an official Police Department business card, complete with their name and division or detail to which they are assigned.

296.01 BUSINESS CARDS - DETAINEE RELEASED WITHOUT BEING BOOKED OR CITED. When any person detained by a member of this Department is subsequently released without being booked or cited, the responsible officer shall explain the reason for the detention. Prior to the person's release, the officer shall provide the detained person with an official Department business card, complete with the officer's name and division of assignment.

Note: Officers issuing Field Data Reports shall be guided by business card requirements as detailed in Manual Section 4/202.02.

During the performance of official duties, Department members shall provide a business card to any person upon request, providing the action does not interfere with the officer's performance of his/her duty.

296.02 BUSINESS CARDS - FORMATTING AND LANGUAGE GUIDELINES. The front of the Department-issued business card must contain the following information:

  • The telephone number of the issuing employee's bureau, group, Area/division of assignment;

  • “Join the LAPD (866) 444-LAPD – Recruitment Hotline” at the bottom of the card;

  • The Department’s recruitment website, www.joinLAPD.com underneath the www. LAPDonline.org website; and,

  • The specific telephone number of the NexTalk TTY application located in the Area, division, or section in which the employee is assigned. However if the NexTalk TTY application is not available where the employee is assigned, the Communications Division TTY number, (877) 275-5273 will be used in its place.

The back of the Department-issued business card must contain the following information:

  • The upper portion must contain appropriately identified spaces for the date, time, incident number; and,

  •  Each card must state the following information verbatim:  If you wish to comment on the level of service you received, please contact a Department supervisor or telephone 1-800-339-6868, or TTY for hearing-impaired (213) 485-3604.”

Non-Department-issued business cards used while on duty, or for identification as a Department employee while off duty, must contain identical information provided on the Department-issued business cards. This includes the information and phone numbers on the back of the card. The City seal may be replaced with the Department seal or an image of the Department badge of the appropriate rank. All images, slogans, or verbiage other than those contained on the Department-issued business cards, must be approved by the employee’s commanding officer prior to use. Consideration for the cards’ content should include its format, professionalism, and appropriateness of the Department’s image to both the public and law enforcement community.

297.  ACTING PUBLIC INFORMATION OFFICER, ASSIGNMENT OF. Pending the arrival of the Public Information Officer, the Incident Commander at the scene of a serious police incident of an emergency nature shall immediately assign an officer of the highest subordinate rank as the Acting Public Information Officer. The appointed officer shall be responsible for assisting press representatives in the performance of their functions until the arrival of the Department Public Information Officer.

298. NEWS MEDIA IDENTIFICATION CARDS.

298.40 NEWS MEDIA IDENTIFICATION CARDS AT FIRE OR DISASTER. At the scene of a fire or other disaster, an employee shall permit holders of news media identification cards to pass through police and fire lines to obtain news or photographs.

298.80 NEWS MEDIA IDENTIFICATION CARDS AT THE SCENE OF A CRIME. The senior officer assigned to the follow‑up investigation of a crime shall be responsible for determining the advisability of permitting members of the news media access to the scene.

299. USE OF DEPARTMENT AIRCRAFT. Department aircraft shall be used as a tactical aid to regular police operations; in addition, the aircraft may be used for specific assignments that will assist in furthering the objectives of the Department.

Note: Pilots, observers, and those persons regularly assigned to helicopter duty shall be provided with a custom‑fitted, Department‑approved helmet.

299.20 FLIGHT REQUEST PROCEDURE. The following procedures shall be used to request aircraft flight operations:

  • Aircraft flights, except those initiated by personnel of Gang and Narcotics Division, shall be requested by a commanding officer on an Intradepartmental Correspondence, Form 15.02.00, and upon approval by a staff officer in his/her chain of command, forwarded to the Commanding Officer, Air Support Division.

  • Aircraft flights initiated by personnel of Gang and Narcotics Division shall be approved by a command officer of Gang and Narcotics Division, who shall be responsible for notifying the Commanding Officer, Air Support Division, of the approved request.

  • Requests for approval of aircraft flights for transportation of personnel of other City departments shall be referred to the Director, Office of Operations.

  • In cases when time does not permit the use of written requests, or when spontaneous activities require air support, requests may be made telephonically to Air Support Division.

Note: Field units may make requests for air support over Tactical Frequency I or II.

Administrative Flights - Defined. Administrative flights are transportation flights provided to staff officers.

Administrative Flight Request Procedures. The following procedures shall be used to request administrative flights.

  • Administrative flights should be requested for major incidents that require a staff officer's presence, the time to respond to the location is of the essence, and regular use of a City vehicle would create a problem in facilitating a timely response.

  • Requests for the use of Department aircraft for administrative flights shall be approved by the Director, Office of Operations, or in his or her absence, by the Commanding Officer, Counter Terrorism and Special Operations Bureau. If neither is available, emergency requests shall be referred to the watch commander of Air Support Division.

  • The Commanding Officer, Air Support Division, shall maintain a recordation of all administrative flights.

299.40 FLIGHT OPERATION APPROVAL. The Commanding Officer or, in his/her absence, the Watch Commander, Air Support Division, shall be responsible for the operational approval of Department aircraft flights.

299.45 HELICOPTER LANDINGS AT COMMUNITY EVENTS. When a commanding officer, in the interests of Department community relations, desires a Department helicopter to land at a site not previously approved for helicopter landings, he or she shall:

  • Forward the following to Air Support Division:

    • An Intradepartmental Correspondence, Form 15.02.00, requesting the helicopter landing and an inspection of the proposed landing site; and,

    • Written approval from the owner of the property on which the helicopter is to land.

Note: A helicopter is prohibited by law from landing within 1,000 feet of a public or private school consisting of any grades from one through twelve.

  • Upon approval of the landing site by Air Support Division, obtain the detailed procedures from Air Support Division necessary for securing final approval for the landing of a helicopter. Necessary approvals included in this procedure are:

    • Fire Department permit;

    • One‑time zone variance, when required;

Note: A three‑to six‑week delay may be anticipated between requesting and obtaining a zone variance.

  • Telephonic approval of the General Aviation District Office of the Federal Aviation Administration; and,

  • Written approval of the California Department of Transportation, Division of Aeronautics.

  • Forward all required approvals to Air Support Division.

Upon receipt of a Form 15.02.00 requesting helicopter landing at a community event and a letter of approval from the owner of the property on which the helicopter will land, the Commanding Officer, Air Support Division, shall:

  • Cause the landing site to be inspected to ensure an adequate landing area and notify the concerned commanding officer of the results of the inspection;

  • Upon approval of the landing site, ensure that the commanding officer of the requesting division receives guidance in obtaining approvals; and,

  • Ensure that a helicopter makes an appearance at the requested time and location.

Note: The requesting division shall be immediately notified when it is determined that a helicopter will not be available for the appearance.

TRAFFIC CONTROL

305. TRAFFIC ENFORCEMENT.  Back to top

305.10 RADAR ENFORCEMENT. Radar enforcement of speed‑law violations shall be requested only on streets which are either topographically or operationally impractical for traditional enforcement methods, and,

  • Have a history of speed‑related accidents, or,

  • Are the subject of numerous citizens' complaints regarding excessive speed.

A request for radar enforcement shall be initiated on an Employee's Report, Form 15.07.00, outlining reasons for requesting radar at the particular location. The Form 15.07.00 shall be submitted to the employee's commanding officer. The commanding officer shall cause the request to be reviewed and, if appropriate, forward the Form 15.07.00 to the concerned traffic division commanding officer for approval.

Disapproved requests shall be returned to the concerned commanding officer on a Form 15.02.00 delineating the reasons for disapproval.

305.60 VISIBLE PATROL. To assist in the apprehension of traffic violators, a police unit may be parked on the street during periods of light traffic in a position readily visible to the driving public. However, during heavy traffic, visible patrol shall be maintained except when the unit is assigned other duties.

318. CITATIONS, USE OF.

318.10 TRAFFIC NOTICE TO APPEAR, USE OF. A Traffic Notice to Appear, Form 04.50.00, shall be used only when the citing officer witnesses the essential elements of the violation by the person cited.

All parking citations, other than a violation of 22526 (a) CVC (Gridlock), shall be issued on an absentee citation. A Gridlock violation may be cited either on an absentee citation or on a Traffic Notice to Appear when the citing officer observes the driver commit the violation.

Exception: An officer assigned to a bureau traffic division, Collision Investigation Follow-up (CIFU) Section, may issue a Traffic Notice to Appear in absentia to a juvenile violator for an alleged traffic violation, not declared to be a felony, based on information contained in a traffic collision report or resulting from a follow-up investigation.

318.40 ABSENTEE CITATIONS, USE OF. Absentee citations shall be used only for parking violations and violations of Sections 5200 CVC (Display of License Plates), 5204 CVC (Current License Plate Tab Not Displayed), or 4000(a)(1) CVC (No Evidence of Current Registration).

 

Note:  Employees enforcing parking violations shall not use a Traffic Notice to Appear, Form 04.50.00 (traffic

citation), even when the parking violation is committed in the presence of the officer and is not specifically designated

as being eligible for enforcement on a traffic citation.

 

Exceptions:  Violations of CVC Sections 22526(a), Blocking an Intersection, shall be cited on a Traffic Notice-To-Appear.

 

318.80 RETURNING COMPLETED CITATIONS. The citing employee shall submit the originals of all completed Traffic Notices to Appear (with the original Continuation of Notice to Appear stapled to them, when appropriate) and the originals of all completed absentee citations to the watch commander then on‑duty:

  • At the end of watch if the employee returns to the station, or,

  • No later than roll call the following day if the employee does not return to the station at the end of the watch, or,

  • By other arrangements with the concerned supervisor if the employee will be absent the following day and it is impracticable to return to the station at the end of watch.

320. CITATIONS, COMPLETION OF.

320.10 COMPLETING CITATIONS. When issuing a Traffic Notice to Appear or Continuation of Notice to Appear (Manual Section 4/320.12), the citing employee shall use a medium black ball point pen. The citing employee shall place an aluminum plate, or similar hard‑surfaced material, under the last copy of the citation before starting to complete it.

Note: Special care shall be given to the portion of the citation bearing the citation number, to prevent that portion from being marked, torn, folded, or otherwise mutilated.

The original of the Traffic Notice to Appear or the Continuation of Notice to Appear shall not contain any information which does not appear on the defendant’s copy (40505 VC).

320.12 CITATION CONTINUATION. The Continuation of Notice to Appear, Form 04.50.05, shall be used as a continuation page for the Traffic Notice to Appear when citing for:

  • Complex traffic infractions;

Note: The Traffic Notice to Appear (alone) shall be used for citing simple traffic infractions and Section 12500(a) of the California Vehicle Code.

  • Numerous mechanical infractions; and/or,

  • Misdemeanor traffic violations which do not require booking (Section 40302 of the Vehicle Code lists violations which require mandatory booking), or for which citing is opted (Section 40303 of the Vehicle Code lists violations which may be cited or booked at the discretion of the arresting officer).

Note: The Traffic Notice to Appear and Continuation of Notice to Appear shall be used in lieu of the Non - Traffic Notice to Appear, Form 05.02.02, for citing misdemeanor traffic violations.

Defendants of the following misdemeanor traffic sections shall normally be booked, and an Arrest Report, Form 05.02.00, completed, unless a watch commander determines that citing is more feasible due to extenuating circumstances (and all other release from custody criteria are met):

  • Evading or vehicle pursuit (2800.1 VC).

  • Vehicle tampering (10852 VC).

  • Vandalism to vehicle (10853 VC).

  • Hit‑and‑Run (20002 VC).

  • Reckless driving (23101 or 23104 VC).

  • Speed contest (23109 VC).

320.14 CORRECTABLE VIOLATIONS. An officer issuing a Traffic Notice to Appear (citation) for certain offenses and under certain conditions shall indicate that the charge will be dismissed by the court on proof of correction. Check the appropriate "yes" or "no" check box for each violation on the citation. The appropriate dismissal status for commonly cited CVC violations is contained in the Citation Guide, Form 16.65.00.

California Vehicle Code Sections that are Correctable (40303.5 CVC). Violations of the following VC Sections will be dismissed by the court on proof of correction. Generally, the "yes" box shall be checked if the following applies:

  • Any registration infraction listed in Division 3, CVC, and also listed as “correctable” in the Citation Guide, Form 16.65.00;

  • Any driver license infraction listed in Division 6, CVC, Section 12951(a) CVC  (driver license not in possession); or,

  • Any equipment infraction listed in Divisions 12, 13, 14.8, 16, 16.5 and 16.7 CVC, or Section 21201 (bicycle equipment), and also listed as “correctable” in the Citation Guide, Form 16.65.00.

Conditions Required for  Making a Correctable Violations as Not Correctable (40610(b) CVC). Pursuant to 40601(b) CVC, a citing officer may mark a correctable violation as not correctable when any of the following conditions exist:

  • Evidence of fraud or persistent neglect; or,

  • The violation presents an immediate safety hazard; or,

  • The violator does not agree to, or cannot, promptly correct the violation.

Certificate of Correction. The reverse of the violator’s copy of the Traffic Notice to Appear (citation) has a section for a signature certifying that a violation has been corrected. Officers shall not certify violations as being corrected.

Exception: Officers assigned to the Specialized Enforcement Unit and Motor Training Unit, Emergency Operations Division, may certify certain violations as being corrected.

320.15 DATE OF VIOLATION ENTERED ON CITATIONS. The month written in full, or the accepted written abbreviation of the month, shall be used on a traffic citation. The sequence for the date of the violation shall be month, day, and year.  If the citation is issued on a date other than actual date of the violation, the date shall be entered in the space provided.

Note:  The actual date of the violation shall be entered in the space provided on the top portion of the citation.

320.16 TIME ENTERED ON CITATIONS. Use non‑military time and check the appropriate AM or PM box (i.e., 8:30 instead of 0830; 2:20 instead of 1420).

Note: If military time is used, Notice of Correction and Proof of Service, Form 04.07.00, shall be completed to change the time from military to non‑military.

320.17 MISDEMEANOR CHECK BOX ON CITATIONS. Check the misdemeanor check box if any cited violation is a misdemeanor. The Citation Guide, Form 16.65.00, shows misdemeanors with an "M" and infractions with an "I" preceding the section number.

320.20 LICENSE PLATE NUMBERS ENTERED ON CITATIONS

Personalized License Plates. When the vehicle bears a personalized license plate, the letters and/or numbers shall be recorded on the citation followed by the letters "PLP" enclosed in parentheses.

                Example: LAPD 1 (PLP).

320.21 COMMERCIAL VEHICLE (C.V.) CHECK BOX ON CITATIONS. Check the C.V. box if Section 15210(b) VC applies. Section 15210(b) VC defines a commercial vehicle as a motor vehicle or combination of motor vehicles used to transport passengers or property and:

  • Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or

  • Has a gross vehicle weight rating of 26,001 or more pounds; or

  • Is designed to transport 16 or more persons, including the driver; or

  • Is used in the transportation of hazardous materials.

320.22 HAZARDOUS MATERIALS (H.M.) CHECK BOX ON CITATIONS. Check the H.M. box if a vehicle is transporting hazardous materials as defined in Sections 353 and 2452 VC. Hazardous material haulers are defined as commercial vehicles in the VC. However, the "H.M." rather than the "C.V." check box shall be checked when hazardous cargo is being transported. Hazardous materials include, but are not limited to radioactive material, poison, flammable gas, nonflammable gas, flammable liquid, oxidizer, flammable solid, corrosive material, irritating materials, combustible liquids, explosives, blasting agents, etiologic agents, organic peroxides, hazardous wastes, and other regulated materials of classes A, B, C, D, and E listed in the VC.

320.25 INFORMATION TO BE PRINTED ON CITATIONS. The following information shall be printed on a citation:

  • Name and address of the violator, as required.

  • Location of violation.

  • Name of citing officer, as it appears on the payroll roster.

  • Name of arresting officer, if different from the citing officer, as it appears on the payroll roster.

320.28 DIAGRAMS ON CITATIONS. The diagram shall be used to indicate the movement of the vehicles and pedestrians. When the violation occurs in the City and not on a freeway, a single check mark (+ ) shall be used to indicate the corner nearest to the violation.

320.30 VIOLATIONS ENTERED ON CITATIONS. List each code and section number or separate count of the same section on a separate line, followed by a brief description of the corpus delicti and related information. Circle the “M” or “I” to denote whether a violation is a misdemeanor or an infraction. Enter the most serious violation first. A moving violation shall be considered more serious than a non‑moving violation.

320.33 LIST PROBABLE CAUSE FOR TRAFFIC STOP ON TRAFFIC CITATION. When issuing a Traffic Notice to Appear (citation), the issuing officer shall either cite for or list the probable cause for the traffic stop in the citation narrative. When the probable cause for the traffic stop is not being cited, the reason shall be described without using the actual numerical section and code violation.

320.35 FINANCIAL RESPONSIBILITY REQUIREMENTS. An officer issuing a Traffic Notice to Appear for Vehicle Code violations other than parking shall write the financial responsibility information on the citation (16028 VC).

Note: Section 16028 VC applies only to vehicles required to be registered in California, and to mopeds driven upon the highway.

Evidence of Financial Responsibility. For purposes of Section 16028 VC, evidence of financial responsibility shall be in writing.

Note: Both the name of the insurance company and the number of the policy must be provided. If either item of information is unavailable, the citation shall be completed as if no evidence of financial responsibility was produced.

Citing Section. Section 16028(a) VC, an infraction, shall be used as the citing section for violations of failing to provide evidence of financial responsibility.

Citing a Foreign Vehicle.

Commercial Vehicles. Certain out‑of‑state commercial vehicles are required to be registered in California. This registration, and proof of financial responsibility, is evidenced by a Uniform Identification Cab Card issued by the Public Utilities Commission. Other out‑of‑state commercial vehicles are not required to be registered in California due to reciprocity agreements. Enforcement of 16028(a) VC on out‑of‑state commercial vehicles is limited to officers assigned to the Specialized Enforcement Unit and Motor Training Unit, Emergency Operations Division.

Passenger Vehicles. The owner of an out‑of‑state passenger vehicle is required to apply for California registration within 20 days after accepting gainful employment or establishing residence in this state, whichever occurs first.

Exception: Military personnel on active duty in California are not required to register their vehicle in this state, as long as the vehicle has valid out‑of‑state plates (6701 VC).

Officers familiar with the provisions of 6700 VC and related VC sections may cite out‑of‑state passenger vehicles for a violation of 16028 (a) VC when appropriate.

Citing an Employer. If the driver of a vehicle owned, operated, or leased by the driver's employer fails to provide evidence of financial responsibility, officers shall use the following citing procedure:

  • The driver shall be cited for the original violation.

  • A separate Traffic Notice to Appear shall be issued to the employer for failure to provide evidence of financial responsibility.

  • Officers shall tell the driver that State law requires the driver to notify the employer of the citation within 5 days.

  • The driver shall be requested to sign the citation on behalf of the employer.

Note: The driver is not required to sign the citation. "DRIVER REFUSED" shall be entered in the signature space if appropriate.

  • The driver shall be requested to give the employer the defendant's copy of the citation.

Note: If the driver refuses to accept the employer's copy of the citation, it shall be inserted back into the form set and "DRIVER REFUSED TO ACCEPT COPY" shall be entered in the "Violations" space. The employer's copy shall be turned in with the original (green) copy of this citation. The supervisor checking citations shall forward both copies to the Traffic Court Liaison Unit, 1945 South Hill Street. The Traffic Court Liaison Unit shall ensure that the employer is notified of the citation.

320.38 VIOLATIONS NOT COMMITTED IN OFFICER'S PRESENCE CHECK BOX ON CITATIONS. Do not use this check box. At this time, the Department does not cite for violations not committed in the officer's presence. However, this item is still required to be included on the citations by the Judicial Council of California.

320.40 VACATION PERIODS ENTERED ON CITATIONS. The citing officer shall enter his/her complete vacation period, including regular and special days off, when known, in the appropriate space. When the vacation has been taken, the word "past" shall be entered on the citation.

320.45 APPEARANCE DATE ENTERED ON CITATIONS. The court date for both adult traffic defendants and juvenile infraction traffic defendants will be assigned utilizing the Citation Guide, Form 16.65.00.

Note: If persons cited to court request more time in which to appear, they must be advised that such requests are to be made by them or their representative to the court indicated on the citation.

For juveniles cited for Vehicle Code misdemeanors and all other non-traffic violations (both infractions and misdemeanors), the officer will not indicate a court location, date or time for appearance and must: 

  • Check the “To Be Notified” box at the bottom left-hand portion of the Traffic Notice-To-Appear,     Form 04.50.00; and,
  • Advise the juvenile that they will be notified via mail by the Los Angeles County Probation Department or the Los Angeles District Attorney’s Office regarding their case.

320.46 PLACE OF APPEARANCE INDICATED ON CITATIONS. The place of appearance on a citation will be determined by the location of occurrence and must be indicated on the citation by placing an "X" in the proper square.

Juvenile infraction traffic defendants must be cited to the adult traffic court location for the area of the violation and the juvenile’s parent or guardian is not required to appear with them in court. 

Officers citing juveniles for Vehicle Code misdemeanors or non-traffic violations (both infractions and misdemeanors) must check the “To Be Notified” box of the Traffic Notice-To-Appear, Form 04.50.00, and advise the juvenile they will be notified via mail by the Los Angeles County Probation Department or the Los Angeles District Attorney’s Office regarding their case.  The officer will not indicate a court location, date or time for appearance on the Traffic Notice-To-Appear.

Violators requesting to be cited to the “County Seat” or an alternative court location will be cited to the requested court location when the following conditions exist:

  • The requested court location is one listed on the Traffic Notice-To-Appear or is eligible for addition to the form; and,

  • The violator’s place of residence or the violator’s principal place of employment is located closer to the requested court location than to the court location normally utilized for the Area of occurrence. (Section 40502(b) CVC).

Note: All traffic court locations located within the City of Los Angeles which are preprinted on the traffic citation qualify as a “County Seat.” Officer must not cite violators to non-traffic courts nor to court locations outside the City of Los Angeles.

If the traffic citation form is being used is out of date and there are eligible court locations that are not preprinted on the citation, the violator may select one of the new court locations subject to the conditions above.

Note:  When an officer changes the assigned court location pursuant to a violator's request for a change of venue, the officer will note this request in the narrative section of the Traffic Notice-To-Appear.

320.47 COURT LOCATION CHECK BOXES ON CITATIONS. Check the appropriate court location by referring to the cover of the Traffic Notice-To-Appear, Form 04.50.00, book. Determine the violation location and then simply check the appropriate court.

Note: Care should be taken to check the correct court location.

320.48 TO BE NOTIFIED CHECK BOX ON CITATIONS. This check box must only be used when citing juveniles for Vehicle Code misdemeanors or non-traffic violations (both infractions and misdemeanors).

320.50 BAILABLE TRAFFIC OFFENSES, COURT APPEARANCE. When a traffic defendant demands to be cited before a Municipal Court judge, he/she shall be advised to follow the instructions on the reverse side of the defendant's copy of the citation.

(1)Vehicle Code Section 40502(b).

320.55 NOTES ON CITATIONS. When issuing a traffic citation, an officer shall include, in addition to any other notes, all data necessary to establish a prime facie case for each of the sections cited.

When the citation is issued for a speed violation and the speedometer of the police vehicle was used as a clocking device, the officer shall record the following information after the description of the violation:

  • Police vehicle shop number.

  • Date of last calibration.

  • Speedometer reading.

  • Calibrated speed.

If a defendant's employer is cited for no evidence of financial responsibility and the employee refuses to accept the employer's copy, the citing officer shall enter the following on the last line of the "Violations" section: "DRIVER REFUSED TO ACCEPT COPY."

320.57 DESCRIPTION OF DEFENDANT ON CITATION. In addition to specific descriptors required on a Traffic Notice to Appear, the officer completing the citation shall list visible, obvious tattoos, scars, birthmarks, missing extremities and/or deformities in the "Miscellaneous Descriptive Information" space.

320.60 ABBREVIATIONS ON CITATIONS. Abbreviations used in traffic citation notes shall be limited to:

 I/S  Intersection    Res Dist  Residential district
 Deft  Defendant  Reg  Registration
 Approx  Approximately  Traf  Traffic
 Veh  Vehicle  BL Stop  Boulevard stop
 N/B, S/B, E/B, W/B  Direction  Lt/T  Left turn
 Ped  Pedestrian  Rt/T  Right turn
 MPH  Miles per hour  Spd  Speed
 POV   Passed other vehicle  Blks  Blocks
 ROW   Right‑of‑way  FY  Freeway
 X‑ing  Crossing  Obs   Observed
 Mkd X‑walk  Marked crosswalk  X‑walk   Crosswalk
 Dble Line  Double line  SP‑CNS    Specially Constructed Vehicle
 45/25  Clocked speed in zone  Est

 Estimate

 Driv Lic  Driver's license  FTC  Following too closely
 Exp 

 Expired

 Ln Chg  Lane change
 Temp

 Temporary

 Max  Maximum
 Plts

 Plates

 M/L  Moving lane
 Sig  Signal  Pkd  Parked
 M/C   Motorcycle  War  Warrant check
 Bus Dist  Business district  (PLP)  Personalized License Plate

320.80 ERRORS OR OMISSIONS ON CITATIONS OR CITATION CONTINUATIONS. When an error is made on a Traffic Notice to Appear and the defendant's copy is still available, the citing employee shall correct the error by drawing a single line through the error and legibly printing the correct information as near as possible to the error.  The initials “VCC” (Violator's {defendant} copy corrected), followed by the concerned employee’s initials, shall be written on the original citation directly below the citation number located at the top of the citation.  No part of the initials shall interfere with the citation number.

When an error or omission is noted on a traffic citation other than in the notes or diagram and the defendant's copy is no longer available the correct information shall be entered on a Notice of Correction and Proof of Service, Form 04.07.00. In the Proof of Service section of Form 04.07.00, the issuing officer shall provide the defendant's name and mailing address in the box provided. A supervisor shall review the Form 04.07.00 and provide the date the Proof of Service was placed in the Departmental mail, and the Area/division shall be indicated in the space provided for the postal mailbox address.

Note: The “United States postal mailbox” is required language by the Judicial Council of California which is standardized on forms statewide. The Departmental mail system is the acceptable method to cause the Notice of Correction and Proof of Service to be sent via United States Mail.

Additionally, the supervisor shall sign and date the Proof of Service in the spaces provided and;

  • Ensure the original (white) copy is stapled at the lower left corner on top of the original Traffic Notice to Appear. The Proof of Service portion of the form shall be folded over to the back of the Traffic Notice to Appear; and,

  • Ensure the duplicate (pink) copy of the form is folded in half, placed in a Department envelope with the address box showing in the window and placed in the Departmental mail.

When an employee becomes aware of an error in the notes or diagram of a Traffic Notice to Appear or Continuation of Notice to Appear, and the defendant's copy is no longer available, the employee shall not correct the error. The employee shall write the correct information on the reverse side of the last copy of the citation in the citation book to use as reference for court proceedings.

320.85 REMOVAL OF CITATIONS FROM BOOKS. Upon completion of a citation, the appropriate page(s) (Manual Section 4/318.80) shall be immediately removed from the book. Those citations removed from the book shall be cared for in such a manner as to prevent them from being torn, folded, or otherwise mutilated.

322. CITATIONS - OFFICER ‑ DEFENDANT CONTACTS.

322.10 RECEIVING THE DRIVER'S LICENSE. A driver's license shall not be accepted from a person when it is contained in a billfold or card case. The defendant shall be requested to remove and exhibit the license only. When the driver's license is received, the person shall be addressed by the last name indicated on the driver's license, preceded by the person's correct title.

322.12 CONFISCATING SUSPENDED OR REVOKED DRIVER'S LICENSES.

Officer's Responsibility. When an officer becomes aware that an individual is in possession of a suspended or revoked driver's license, the officer shall:

  • Confiscate the driver's license pursuant to Section 4460 VC;

  • Advise the individual of the reason for the license confiscation;

  • Complete a Verbal Notice by Peace Officer, DMV or Court Employee, DMV Form DL 310;

  • Provide the pink copy to the driver;

  • Mail the original (white) copy of the DMV Form DL310, the DMV driver’s history printout and the associated driver’s license directly to the DMV address listed on the DMV Form DL310; and,

  • Attach the completed yellow copy of the DMV Form DL 310 to the Daily Field Activities Report, Form 15.52.00.

Supervisor's Responsibility. Supervisors shall, after review, ensure that confiscated suspended or revoked driver's licenses are forwarded directly to the DMV. The licenses shall be forwarded with:

  • Completed DMV Form DL 310;

  • DMV driver's history printout; and,

  • Citation, if any.

322.30 INSTRUCTIONS NOT TO BE GIVEN TO TRAFFIC DEFENDANTS. Officers shall not:

  • Quote amounts of bail.

  • Suggest the defendant telephone the Traffic Violations Bureau for information.

  • Suggest that the case may be handled by mail.

  • Attempt to outline the policy of the court or Traffic Violations Bureau in regard to adjustment of certain types of violations.

  • Suggest or recommend any automobile club or similar organization.

322.80 DEPARTING FROM TRAFFIC DEFENDANT. After a Traffic Notice to Appear is completed, the defendant should be assisted into the traffic flow and unless impracticable, the officers shall legally change their patrol to a direction other than that which the defendant is traveling.

324. OTHER JURISDICTION - TRAFFIC OFFENSES.

324.20 TRAFFIC VIOLATOR ENTERS ANOTHER JURISDICTION. Whenever a traffic violation takes place within the City of Los Angeles and the defendant, before being apprehended, enters another jurisdiction, a traffic citation shall be issued or a physical arrest made in accordance with the circumstances of the violation committed within the City limits. When, after entering the other jurisdiction, the violator commits an offense of greater severity than that committed within the City of Los Angeles, the officer shall:

  • When the offense committed requires a physical arrest, make the arrest and the booking in the capacity of a private person at the nearest police station of the jurisdiction of the arrest; or,

  • When the offense is a citable violation, file an application for complaint with the prosecutor having jurisdiction of the location of occurrence; and,

  • Issue a citation or complete a Complaint Application, Form 05.15.00, for the violation committed within the City of Los Angeles.

324.30 TAKING TRAFFIC ENFORCEMENT ACTION OUTSIDE THE CITY OF LOS ANGELES. Generally, Department personnel shall refrain from taking enforcement action for traffic violations which occur outside the City of Los Angeles. When the nature and/or severity of the offense involves immediate danger to persons or property, or of the escape of the violator, officers may detain the violator for the observed traffic violation and the officer shall:

  • Request the response of a member of the law enforcement agency having primary jurisdiction for the location of occurrence and request that agency complete a Traffic Notice to Appear listing the Department employee as a witness on the citation; or,

  • File an application for complaint (Complaint Application, Form 05.15.00) with the prosecutor having jurisdiction of the location of occurrence.

Exception: When the traffic violation is committed on the boundary (or within 500 yards) of the Los Angeles City limits, Department personnel may cite the violator and cause them to appear at the appropriate traffic court listed on the Traffic Notice to Appear (Penal Code Section 782).

326. CANCELING CITATIONS.

326.10 CANCELLATION OF CITATIONS - WHEN AND BY WHOM REQUESTED. A Citation Cancellation Request, Form 04.45.00, shall be completed for the below listed circumstances. Such requests may be initiated by the bureau commanding officer, the citing employee's Area/division commanding officer, or the employee indicated in parenthesis after each circumstance below as follows:

Note: Requests initiated by a Department staff officer shall be submitted to the next higher level of review within the staff officer's chain of command for approval.

B.O. Meter. A parking meter noted on an Absentee Citation is found to be defective (employee making on‑scene determination).

Note: When a defendant has already departed the scene and later complains that a parking meter was defective, the defendant shall be referred to the Parking Violations Bureau, LADOT for adjudication.

Lost Traffic Notice to Appear (Citation) Book. When a Traffic Notice to Appear book is lost (Manual Section 4/328.70) (employee discovering the loss).

Stolen Vehicle. An Absentee Citation was attached to a vehicle after it had been reported stolen (employee recovering vehicle).

Note: If a stolen vehicle has received multiple absentee citations during the period it was stolen, only one Citation Cancellation Request shall be completed. The additional citations shall be listed in the "Explanation" section.

City Vehicle Exempt from Meters. A City vehicle is cited for a parking meter violation (employee who parked vehicle).

Imperfect Citation or Mutilated Citation Book. A defect is found of which might affect the legibility, legality, or processing of the citation (employee first observing defect).

Error in Posted Sign. A citation has been issued as a result of an error on a traffic control sign (employee making on‑scene determination).

Note: When a defendant has already departed the scene and later complains that a traffic control sign was defective or illegible, the defendant shall be referred to the Parking Violations Bureau, LADOT, for adjudication.

Inoperative Vehicle. An Absentee Citation has been attached to a vehicle illegally parked because of mechanical failure and the operator has taken reasonable measures to remove the vehicle as soon as possible (employee determining that the vehicle is inoperative and that reasonable measures were taken).

False Information Given to Officer. A Traffic Notice to Appear has been started or completed and the citing officer determines that false information has been given to the extent that a new citation must be completed (citing officer). If Section 31 VC is to be charged, the citing officer shall arrest and book for Section 31 VC under the authority of 40302(a)VC (Manual Section 4/354.10).

Error in Judgment or Identity by Citing Employee. An error in judgment or identity by the citing employee results in the belief that the citation is not justified-citing employee.

Department Rules Violated. The citing employee's commanding officer determines that the citation was issued in violation of Department rules-citing employee.

Legal Immunity. The law provides that the operator or the vehicle cited is legally immune from prosecution-citing employee.

Adult Arrested or Complaint Application Completed in Lieu of Citation-Citing Employee. (See Manual Section 4/346.40 regarding juveniles.)

Driver Physically Unable to Move Vehicle. An Absentee Citation was issued to a parked vehicle and the driver was physically unable to move the vehicle because of his/her arrest, illness, injury, or death-citing employee.

Government Employee Executing Official Task. An Absentee Citation is attached to any vehicle parked by a government employee executing an official task-LAPD employee who parked vehicle. (The Form 04.45.00 shall be forwarded, via the chain of command, to the Parking Enforcement Bureau, LADOT. Persons requesting cancellation of citations issued to vehicles controlled by other City departments or outside agencies shall be directed to the Parking Enforcement Bureau.)

Citation Not Completed Due to an Emergency. A citation was started but not completed due to an emergency-citing employee.

Other. Circumstances not specified above in which a citation has been issued but obviously should be canceled in the interest of justice (any employee who can verify facts.)

326.15 CANCELLATION OF CITATIONS ISSUED ON DEPARTMENT VEHICLES BY THE LOS ANGELES DEPARTMENT OF TRANSPORTATION (LADOT). Citations issued on Department vehicles by LADOT employees may be canceled when the vehicle was parked at an LADOT exempt location by a Department employee conducting City business.

Note: Traffic Coordination Section maintains a list of LADOT exempt locations. If the vehicle is unmarked and does not display exempt (“E”) license plates, the vehicle must have a Los Angeles Police Department, official City vehicle placard visible on the vehicle’s dashboard.

After determining that the employee was conducting City business, the commanding officer shall forward the citation and a letter to the Parking Administrator, LADOT. The letter shall state that the employee was conducting City business at the time the citation was issued.

326.67 CITATION CANCELLATIONS RELATING TO COMPLAINT INVESTIGATIONS. Absentee Citations (parking). An Absentee Citation shall not be placed on “hold” pending the result of a complaint investigation. An Absentee Citation related to a complaint investigation shall either be submitted to the Traffic Court Liaison Unit (TCLU) without delay or the supervisor shall request cancellation in accordance with Department procedure (Manual Section 4/326.75).

Traffic Notice to Appear (traffic citation). During the preliminary stages of a complaint investigation involving a traffic citation, the supervisor shall determine if cancellation of the citation is appropriate.

When immediate cancellation is appropriate, the supervisor shall submit a Citation Cancellation Request, Form 04.45.00, with the original citation attached, to the employee’s commanding officer for approval. The employee’s commanding officer shall forward the cancellation request and original citation to the bureau commanding officer for final approval; or,

  • When further investigation is required determining whether a cancellation is appropriate, the supervisor, after obtaining approval from the employee’s commanding officer, shall forward the original traffic citation to the Officer in Charge (OIC), Traffic Court Liaison Unit with instructions to place a "hold" on the traffic citation.

  • If the original traffic citation is not available, the supervisor shall contact the OIC, TCLU telephonically and request that a “hold” be placed on the traffic citation.

Note: The defendant's copy of the traffic citation, if available, shall be maintained with the complaint investigation file until the investigation is completed.

  • When a "hold" has been placed on the traffic citation, the supervisor shall ensure that the defendant is notified of the temporary suspension of judicial proceedings against him/her, and that the defendant will not have to appear in court or pay any fines in connection with the traffic citation until he/she is notified otherwise by the Department.

Processing a “Held” Citation Upon Completion of a Complaint Investigation. Upon completion of the complaint investigation, the supervisor shall determine the proper disposition of the traffic citation and notify the OIC, Traffic Court Liaison Unit of the action to be taken:

  • If the hold is to be released, a supervisor shall ensure that the defendant’s copy is returned to the defendant with the pink (violator’s) copy of the Notice of Correction and Proof of Service, Form 04.07.00, advising the defendant of the new court date. The original (white) copy of the Notice of Correction and Proof of Service shall be forwarded to the OIC, TCLU for filing with the original traffic citation; or,

Note: The Department has one year to file a traffic citation case (California Penal Code Section 802). When a “hold” is released, that date shall be used to determine the new court date utilizing the Citation Guide, Form 16.65.00. If the date of the commission of the offense is more than one year prior to the release date, a Citation Cancellation Request shall be completed and the defendant notified of the action taken.

  • If the traffic citation is to be cancelled, the supervisor shall ensure that a Citation Cancellation Request is completed and the defendant notified of the action taken.

326.70 LOST ORIGINAL TRAFFIC NOTICE TO APPEAR.

Officer's Responsibilities.  When a Traffic Notice to Appear, Form 04.50.00, has been issued and the original (green) copy is lost or unavailable, the citing employee shall:

  • Remove the citation book copy (goldenrod or yellow copy) from the book and replace it with a photocopy;

  • Submit the goldenrod, or yellow copy of the citation to Traffic Court Liaison Unit;

Note: If the original (green) copy has been mistakenly given to the violator, officers shall submit the white copy of the citation instead of the goldenrod or yellow copy.

  • Submit (with the goldenrod, yellow or white copy) a Photocopy of the citation with the following notation in the margin:   

               “Certified to be a True Copy of the Original”;

               X_____________________________;

               Sign the photocopy certifying it to be a true copy of the original citation;

  • Submit to his/her supervisor, for review, the goldenrod, yellow, or white copy, the certified copy of the citation, and a completed Employee's Report, Form 15.07.00, addressed to the Officer-in-Charge, Traffic Court Liaison Unit (TCLU), advising that the original traffic citation has been lost or is otherwise unavailable; and,

  • When the assigned court date is within thirty days, a completed Notice of Correction and Proof of Service, Form 04.07.00, shall be attached to the Employee's Report, Form 15.07.00, and the violator notified as required. After reviewing the Form 15.07.00, the supervisor shall immediately forward the citation and related documentation to the TCLU.

Note: A Traffic Notice To Appear issued for an offense when the commission of the offense is in excess of one year, shall be cancelled in accordance with Department Manual Section 4/326.10.

Traffic Court Liaison Unit’s Responsibility. Upon receipt of the citation and related documentation, the TCLU shall file the goldenrod, yellow, or white copy of the citation and a photocopy with the Los Angeles Superior Court.

If only the original Continuation of Notice to Appear, Form 04.50.05 is lost, the original citation shall still be processed; but the court will not enforce the violations listed on the lost Continuation of Notice to Appear.

326.75 NOTIFYING DEFENDANT OF CITATION CANCELLATION. An employee requesting a citation cancellation after the defendant's copy has been issued, shall complete a Citation Cancellation Request, Form 04.45.00, and prepare a letter and addressed envelope notifying the defendant of the cancellation. The letter shall be signed by the commanding officer of the requesting employee, and forwarded with the Citation Cancellation Request through channels to the Traffic Court Liaison Unit (TCLU), Traffic Coordination Section (TCS). Upon receipt of a Citation Cancellation Request, TCLU shall submit the citation and attached request to the appropriate court. When the court approves a request for citation cancellation, TCLU shall mail the letter notifying the defendant of the citation cancellation.

Note: Whenever TCLU is notified that the court has denied the Department's request to cancel a citation, TCLU shall process the citation as directed by the court and notify the commanding officer of the court's decision on the cancellation request.

Defendant's Copy of Citation. When possible, the defendant's copy of a citation to be canceled shall be obtained and forwarded with the Citation Cancellation Request, Form 04.45.00.

When the defendant's copy cannot be obtained, the circumstances shall be included in the "EXPLANATION" portion of the Form 04.45.00.

328. CITATION BOOKS.

328.10 RECEIVING CITATION BOOKS. Upon receiving a citation book, the employee shall write, in ink, his/her name, serial number, division, and date of receipt on the front cover of the book. No notation of any kind shall be made on any citation prior to issuance.

328.40 DISPOSITION OF TRANSFERRED OFFICERS' CITATION BOOKS (Manual Section 3/202.26).

328.60 COMPLETED CITATION BOOKS. When a citation book is completely used, the book shall be returned and a new book obtained. The completed citation book shall be retained in compliance with the Los Angeles Administrative Code, Section 12.3.

328.70 LOST CITATION BOOKS. When a citation book is lost, a Citation Cancellation Request, Form 04.45.00, shall be made canceling the unused citations. The request shall include the numbers of the first and last citation in the book and shall specify numbers of the citations which have not been issued. When a lost citation book is found after a Citation Cancellation Request has been completed, it shall be stored (Manual Section 4/328.60) and shall not be further used by the Department.

328.80 RECALL AND REISSUANCE OF CITATION BOOKS. All traffic citation books that are not completed within three months after issuance shall be recalled and reissued to more enforcement‑active employees (Manual Section 3/202.24).

334. REFUSAL TO SIGN CITATION.

334.10 INFORMATION TO TRAFFIC VIOLATOR-REFUSAL TO SIGN CITATION. When a violator refuses to sign a traffic citation, the citing officer shall refer the violator to the printed information on the face of the citation directly above the space provided for his/her signature. He/she shall be informed that the signing of the citation does not constitute an admission of guilt, but that it is merely a signed promise to appear in answer to the charge.

When the violator has been so advised and continues to refuse to sign the traffic citation, the citing officer shall request that a supervisor be dispatched to the scene. The supervisor shall, whenever possible, resolve the matter at the scene.

Note: When an officer is taking enforcement action for a violator (employee) not having proof of financial responsibility for an employer’s vehicle, the violator (employee) shall not be arrested for refusing to sign the traffic citation. Officers shall follow the procedure delineated in Manual Section 4/320.35 (Financial Responsibility Requirements – Citing an Employer). A supervisor request is not required in this instance.

The violator shall be requested to sign the Continuation Form, in addition to the Traffic Notice to Appear. If the violator signs the citation, but refuses to sign the Continuation, the issuing officer shall print "REFUSED TO SIGN" in the space provided for the signature, and release the violator.

334.40 REFERRAL OF TRAFFIC VIOLATOR WHO REFUSES TO SIGN CITATION. If, after the procedures outlined in Manual Section 4/334.10 have been followed, the violator still refuses to sign the citation, he/she shall be processed as follows:

Adults. The adult violator shall be brought before the watch commander, Area of occurrence, who, upon determining that all necessary elements of a traffic offense are present and indicated on the citation, shall reemphasize to the violator the content of Manual Section 4/334.10. If the violator will then sign the citation, he/she shall be permitted to do so and be released. If he/she refuses to sign his/her name, the violator shall be booked (Manual Section 4/334.50).

Note: When an officer is taking enforcement action for a violator (employee) not having proof of financial responsibility for an employer’s vehicle, the violator (employee) shall not be arrested for refusing to sign the traffic citation. Officers shall follow the procedure delineated in Manual Section 4/320.35 (Financial Responsibility Requirements – Citing an Employer). A supervisor request is not required in this instance.

Juveniles. The juvenile violator shall be brought before the appropriate Area juvenile coordinator who, upon determining that all necessary elements of a traffic offense are present and indicated on the citation, shall reemphasize to the juvenile the content of Manual Section 4/334.10. If the juvenile will then sign the citation, he/she shall be permitted to do so and be released. If the violator refuses to sign his/her name, the juvenile coordinator shall cause the juvenile to be processed according to established procedures (Manual Section 4/218).

Note: When the juvenile coordinator is unavailable, the juvenile shall be taken before the watch commander in the Area of arrest, who shall assume this responsibility.

334.50 BOOKING TRAFFIC DEFENDANTS CHARGED WITH MORE THAN ONE OFFENSE. When a person who refuses to sign a citation is charged with more than one offense, he/she shall be booked on the more serious offense. The elements of all other offenses charged shall be included in the Arrest Report, Form 05.02.00. The charge shall be listed as specified in Manual Section 4/610.55.

334.70 CANCELLATION OF CITATION WHEN TRAFFIC DEFENDANTS BOOKED. When a defendant refuses to sign a traffic citation and the defendant is booked as a result of his/her refusal to sign, the citation shall be canceled (Manual Section 4/326.10).

340. FREEWAYS.

340.10 FREEWAY DIRECTION DESIGNATIONS. The following direction designations shall be used when referring to a freeway location:

 Artesia‑Redondo Freeway  East-West    Pasadena Freeway  North-South
 Century Freeway  East-West  Pomona Freeway  East-West
 Foothill Freeway  East-West  Route 47 Freeway  North-South
 Glen Anderson Freeway  East-West  San Bernardino Freeway  East-West
 Glendale Freeway  East-West  San Diego Freeway   North-South
 Golden State Freeway  North-South  Santa Ana Freeway   North-South
 Harbor Freeway  North-South  Santa Monica Freeway  East-West
 Hollywood Freeway  North-South  Simi Valley Freeway  East-West
 Long Beach Freeway  North-South  Ventura Freeway  East-West
 Marina Freeway  East-West    

340.20 FREEWAY NAME ABBREVIATIONS. When referring to a freeway name, the abbreviations used shall be limited to:

 Artesia‑Redondo Freeway  Art Rdo FY    Pasadena Freeway  Pasa FY
 Century Freeway

 Cent FY

 Pomona Freeway  Pom FY
 Foothill Freeway  Fhl FY  Route 47 Freeway  RT 47 FY
 Glendale Freeway  Glen FY  San Bernardino Freeway  San Ber FY
 Golden State Freeway  G State FY  San Diego Freeway  S Diego FY
 Harbor Freeway  Harb FY  Santa Ana Freeway  S Ana FY
 Hollywood Freeway  Hwd FY  Santa Monica Freeway  S Mon FY
 Long Beach Freeway  L B FY  Simi Valley Freeway  Simi Val FY
 Marina Freeway  Mar FY  Ventura Freeway  Vent FY

340.30 DELINEATION OF FREEWAY RESPONSIBILITY. The California Highway Patrol (CHP) is responsible for traffic supervision on all freeways within the City of Los Angeles. This responsibility includes all portions of the highway within a freeway right‑of‑way, in addition to other improvements as indicated below:

  • Off‑Ramp-The CHP's responsibility will terminate at the prolongation of the nearest curb or edge of the roadway of the first intersecting City street.

  • On‑Ramp-The CHP's responsibility will commence at the prolongation of the nearest curb or edge of roadway of the last intersecting City street.

  • Bus and Passenger Ramps-The CHP's responsibilities for those portions of the freeway designated as bus stops, which are separate roadways set aside from the normal traffic lanes, will include the entire bus ramp and the bus passenger ramps or stairways to the sidewalk, the curb, or edge of the nearest City street, property, or freeway perimeter fence.

Officers of this Department may cite traffic violators and shall provide assistance to motorists on the freeways within the City.

Diversion of Freeway Traffic to Surface Streets. When it is necessary to divert freeway traffic onto surface streets, the CHP will notify the Commanding Officer, Communications Division, who shall be responsible for notifying the concerned field services division commanding officer. The field services division commanding officer shall deploy sufficient personnel to handle the increased traffic flow on surface streets. The CHP will be responsible for blocking on‑ramps where traffic is not permitted to enter the freeway.

342. REPORTING INCOMPETENT DRIVERS. When an officer has reason to believe that a licensed driver is not a competent driver, he or she shall forward a  Department of Motor Vehicles, Notice of Priority Reexamination of Driver/Request for Reexamination of Driver, Form DS 427, to the detective section of the concerned traffic division. One copy of the form shall be completed describing the reason for the requested re‑examination. Each officer completing the form shall:

  • Record all observations which substantiate the officer's opinion that the driver needs to be re‑examined for driving ability.

  • List in the summary portion any statements made by the driver regarding his/her own physical condition or defects.

Exception: In cases involving an epileptic seizure, an Injury Report, Form 03.15.00, shall be completed instead of the Department of Motor Vehicles, Notice of Priority Reexamination of Driver/Request for Reexamination of Driver, Form DS 427.

343. UNDER ‑ THE ‑ INFLUENCE DRIVERS.

343.10 DRIVING ‑ UNDER ‑ THE ‑ INFLUENCE ARRESTS. An arrest for driving under the influence shall be made when:

  • An officer witnesses a person commit the elements of driving while under the influence; or,

  • The under‑the‑influence driver was lawfully detained by an officer of this or another law enforcement agency; or,

  • The under‑the‑influence driver was lawfully arrested or detained by a private person who witnessed the driving element of the offense.

An arrest may be made for 23152(a) VC per authority of 40300.5 VC when a traffic collision has occurred but the arresting officer did not witness driving, when:

  • The arresting officer has reasonable cause to believe that a person involved in the traffic collision was driving a vehicle while under the influence of intoxicating liquor, or the combined influence of intoxicating liquor and any drug; and,

  • The arrest is effected as a continuous uninterrupted portion of the investigation.

Note: The arrest shall be limited to the location of the traffic collision or the location of any timely follow‑up investigation.

The element of being under‑the‑influence shall be based on the objective symptoms observed by the arresting officer. Results of other examinations shall be corroborative evidence only.

For Felony Driving Under the Influence Non-Consensual "Forced" Blood Draw see Department Manual Section 4/343.40.

343.20 SOBRIETY EXAMINATION. The physical phases of the sobriety examination shall be given when an under‑the‑influence driver is able and willing to perform them and, when practicable, shall be conducted at the scene of the incident in the presence of witnesses.

A sobriety examination, as per Form 05.02.05, shall be completed when an officer:

  • Arrests a person whom he/she witnesses commit the elements of driving while under the influence; or,

  • Arrests a driver suspected of being intoxicated who was lawfully arrested or detained by another peace officer or a private person (Manual Section 4/343.10); or,

  • Is investigating a suspect for driving‑under‑the‑influence; or,

  • Is investigating a traffic collision and an involved driver displays any objective symptoms of being under‑the‑influence, regardless of whether the driver is arrested.

When a suspected under‑the‑influence driver refuses to submit to a field sobriety test, the investigating officer shall, read the Field Sobriety Test Admonition to the driver.

343.25 DRIVING - UNDER - THE - INFLUENCE (DUI) DRUG ARREST PROCEDURES.

Arresting Officer's Responsibility. When an arrest is made for driving under‑the‑influence of drugs or combination of drugs and alcohol, the arresting officer shall:

  • Admonish the arrestee regarding a chemical test as per the Chemical Test Admonition on the DUI Arrest Report, Form 05.02.05.

  • Administer a chemical test to the arrestee.

Note: Whenever possible, a breath test should be administered to determine alcohol intoxication.

  • If the breath test is obtained and the results are .08% or higher, book the arrestee for Section 23152(a) (DUI) V.C. When the results are below .08%, complete the following:

    • Read to the arrestee verbatim the Drug Admonition from the DUI Arrest Report.

    • Obtain a urine or blood sample from the arrestee.

Note: If urine is the only chemical examination administered, officers shall obtain the first void for possible detection of drugs, and the second void for the possible detection of alcohol. Both samples shall be marked accordingly and booked as evidence.

  • If the breath test is obtained and the results are .30% or higher, the arrestee shall be examined by medical personnel pursuant to Manual Section 4/648.17.

  • Request a Drug Recognition Expert (DRE) or, if none available, a Narcotics Expert.

  • If an on‑duty DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall obtain an MT for the arrestee and request the examining physician to include an opinion regarding objective symptoms and possible drug ingestion.

Exception: If a traffic death or traffic felony arrest is involved and a DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall contact Communications Division and request an on‑duty DRE or Narcotics Expert from anywhere in the City. If no on‑duty DRE or Narcotics Expert is available, the officer shall contact the Administrative Unit, Detective Support and Vice Division, and request that an off‑duty DRE be dispatched.

  • When applicable, include the Drug Influence Evaluation Form (completed by an expert) as a page of the arrest report.

Drug Recognition Expert (DRE)/Narcotics Expert’s Responsibility. A DRE or Narcotics Expert is responsible for evaluating and rendering an opinion of the drug influence of DUI Drug arrestees. As part of that examination, the expert shall:

  • Advise the arresting officer of any additional tests required.

  • Determine if an MT is needed.

  • Complete the Drug Influence Evaluation Form.

  • Enter a brief description of the findings and the examining officer's name and serial number in the Remarks Section of the Booking Approval, Form 12.31.00.

Note: If during a drug evaluation, the expert determines that he/she is not qualified to render an opinion, the watch commander approving the booking shall determine if another expert should be called.

343.28 ADMINISTRATIVE PER SE ORDER OF SUSPENSION.

343.30 ARRESTING OFFICER'S RESPONSIBILITY. An officer making an arrest for driving-under-the-influence (DUI) shall complete a DUI arrest report in the usual manner and confiscate the California driver's license of the arrestee when the arrestee:

  • Refuses to submit to and complete a chemical test; or

Note: The Chemical Test Admonition portion must be read to the arrestee in its entirety, even when the arrestee refuses to submit to or complete a chemical test.

  • Takes a breath test which shows a blood alcohol concentration (BAC) level of .08 percent or more; or,

  • Takes a urine or blood test and the officer believes that subsequent test results will show that the driver is at or above a blood alcohol concentration of .08 percent.

Note: Out-of-state/foreign licenses are not included under California law and cannot be confiscated.

Upon completion of the DUI arrest report and confiscation of the arrestee's California driver's license, the arresting officer shall complete:

  • A Department of Motor Vehicles (DMV) Officer's Statement, Form DS367, and write the arrestee's booking number in the upper right corner; and,

  • A DMV Administrative Per Se Order Of Suspension/Revocation Temporary License Endorsement, Form DS360.

Upon approval of the DUI arrest report and Administrative Per Se documentation, officers shall:

  • Attach page two of the DMV Form DS360 to the DUI arrest report;

  • Issue page three of the DMV Form DS360 to the arrestee; and,

  • Mail the original Form DS367; page one of the Form DS360; the arrestee's original California Driver License; and Intoxicator EC/IR Operator Checklist, Form 05.20.07, to the DMV location which corresponds with the geographic bureau of arrest.

Note: The law requires that all reports and forms be received by DMV within five working days of the date of arrest.

Page two of the DMV Form DS360, issued to the arrestee, will serve as a temporary driver's license for 45 days from the date of arrest for an arrestee with a valid California Driver License in his or her possession. Once the arrestee's driver's license has been confiscated, the arrestee will have 10 days to request a DMV hearing. Failure by the arrestee to request a hearing will result in an automatic suspension of the arrestee's California Driver License.

Exception: The arresting officer shall check the "No Temporary License Issued" box on the DMV Form DS360, and complete the explanation why no temporary license was issued, if:

  • The arrestee has an out-of-state/foreign driver license; or,

  • The arrestee has not been issued a valid California Driver License; or,

  • The arrestee's California Driver License is suspended, revoked, or not in possession.

Packaging Blood or Urine Samples. If an arrestee chooses a blood or urine test, the arresting officer shall follow procedures described in Manual Sections 4/343.40 or 4/343.42. Additionally, the arresting officer shall complete the top half of the DMV Form, DS367A, and mail all three copies of the form to Scientific Investigation Division.

Supervisor's Responsibility. Supervisors approving DUI arrest reports shall ensure that arresting officers have complied with Administrative Per Se procedures (23158.5 VC), when applicable.

343.33 INDEPENDENT TEST BY QUALIFIED PERSON. When qualified persons appear at the place of confinement by requests of the prisoner (Manual Sections 4/658.12 and 4/658.17) or other person, for the purpose of obtaining a breath, blood, or urine sample, they shall be permitted to do so upon consent of the prisoner.

  • Only a duly licensed doctor, laboratory technologist, bioanalyst, or registered nurse shall be permitted to withdraw a sample of the arrestee's blood. This limitation shall not apply to the taking of breath or urine specimens;

  • The doctor must be a physician or surgeon (M.D. or osteopath) licensed to practice in the State of California. If there is a question as to the identification of the doctor, Detective Support and Vice Division shall be called to see if the doctor is listed in the Directory of the State Board of Osteopathic Examiners;

  • The laboratory technologists or bio‑analysts must be licensed to practice in the State of California. If there is a question as to their identification, Detective Support and Vice Division shall be called to see if they are listed in the Department of Public Health directory for licensed laboratory technologists and bioanalysts; and,

  • The registered nurse must be licensed to practice in the State of California and must perform the blood extraction under the supervision or at the immediate direction, of a doctor.

A Follow‑Up Report, Form 03.14.00, shall be used, by the officer having custody of the prisoner, to record:

  • The time the telephone call was made by or for the prisoner;

  • The time the person arrived at the place of confinement and requested to see the prisoner;

  • The person's name, address, and telephone number, including business office address and telephone number;

  • The time the sample was taken;

  • The amount of blood taken as stated by the person;

  • The names and serial numbers of the officers witnessing the telephone call and the taking of the breath, blood, or urine sample;

  • The name of the doctor employing or supervising the registered nurse; and,

  • Any other appropriate information.

343.36 CHEMICAL TEST ADMONITIONS. Prior to administering a chemical test to a driving‑under‑the‑influence arrestee, the Chemical Test Admonition (23157 VC) section of the Driving‑Under‑ The‑Influence Arrest Report, Form 05.02.05, shall be read to the arrestee. The name and serial number of the admonishing officer shall be entered in the space provided in this section.

Note: The Chemical Test Admonition (23157VC) (Spanish) contained in the Los Angeles Police Department Citation Guide, Form 16.65.00, shall be read to Spanish speaking driving‑under‑the‑influence arrestees, by an officer fluent in, and capable of, testifying in Spanish.

After a breath test, if the arrestee is suspected of driving under the influence of alcohol, the Additional Chemical Test Admonition (23157.5 VC) section of the Driving‑Under‑The‑Influence Arrest Report shall be read to the arrestee. The name and serial number of the admonishing officer shall be entered in the space provided in this section. If drug use is suspected, the Drug Admonition of the Driving‑Under‑The‑Influence Arrest Report shall be read to the arrestee instead of the Additional Chemical Test Admonition. The name and serial number of the admonishing officer shall be entered in the space provided in this section.

343.38 BREATH TEST.

Use of Equipment. Breath‑testing equipment is located at Metropolitan Jail Section, Valley Headquarters Building, 77th Street Jail Section, and all geographic Areas except Central, Newton Street, Hollenbeck, and Rampart Areas. Operation of the breath‑testing equipment shall be restricted to personnel who have been trained in its use. Arresting officers not trained in the use of the breath‑testing equipment shall ensure that the examination is administered by an officer trained in its use.

An Intoximeter EC/IR Operator Check List, Form 05.20.07, shall be completed each time the Intoximeter EC/IR is set up for a test and for each subject to whom a test is administered.

Note: Breath‑testing equipment may be used as an investigative aid in driving‑under‑ the‑influence arrests involving narcotics, non‑narcotic drugs, or dangerous drugs, or for other purposes at the discretion of the concerned watch commander.

Watch commanders shall ensure that breath‑testing equipment receives timely calibration by qualified personnel.

Administering Test. Prior to administering the test, the testing officer shall observe the subject for a 15‑minute period, during which the subject shall not have eaten, drunk, smoked, regurgitated, or vomited.

Note: If the subject regurgitates, vomits, eats, drinks, or smokes between samplings, the pre-testing observation shall be repeated.

At least two breath samples shall be collected. (No waiting period is required between samples.) If the readings of the two samples vary more than .02 percentage points, additional samples shall be collected until the results of any two samples are within .02 percentage points. If five samples have been collected and the test is not complete (two samples, within .02 percentage points), the officer shall direct the subject to submit to either a blood or urine test. Failure to complete a test shall be deemed a "refusal."

Note: Arrestees who obtain a EC/IR reading of .30 percent or higher shall be examined by medical personnel pursuant to Manual Section 4/648.17

Recording Results. The EC/IR test tape shall be separated from the machine only when:

  • The test is completed (two samples, within .02 percentage points); or,

  • Five samples have been collected and the test is not completed.

The date/time stamp shall be applied on the front of the test tape with each sample, and the time of each sampling shall be recorded.

Note: The date/time stamp and the required entries shall not cover any portion of the test results.

The EC/IR test tape shall be stapled to the EC/IR Check List on the space provided. The staple shall be positioned in a manner that will not interfere with reading the test results. When the test tape is longer than the Check List, the tape shall be folded in a manner that will not interfere with reading the test results.

The Intoximeter EC/IR Operator Check List shall be completed by the administering officer and:

  • Attached to the Arrest Report; or,

  • Submitted with the officer's DFAR and a DUI Arrest Report, Form 05.02.05, when no arrest report is completed.

343.40 BLOOD TEST.

Criteria for Requesting. A blood sample may be requested in the following situations:

  • The arrestee indicates a willingness to submit to a blood test incidental to the arrest; or,

  • The arrestee is in custody for a felony and the level of intoxication would be an essential element in the alleged violation; or,

  • The arrestee is unconscious or is so impaired and is unable to consent to a chemical test. When such a condition exists, the following steps shall be taken in order to determine if the arrestee is a hemophiliac or a heart patient possibly using anticoagulant medication:

    • Check for medical information on the arrestee's person such as a "Medic Alert" bracelet or necklace, or any other item indicative of the arrestee's medical background;

    • If a relative or a friend of the arrestee is present who can provide information about the arrestee's medical condition, record the name, the relationship to the arrestee, and the statements of that person in the arrest report; and,

    • Inform the attending physician of all information in the officer's possession which may have a bearing on the arrestee's physical condition.

Requesting Forced Blood Sample Withdrawal.  A forced blood sample may be obtained from an arrestee only when all of the following conditions have been met:

  • The arrestee is in custody for a felony traffic offense where the injury occurred to a person other than the arrestee; and,

  • Intoxication is an essential element of the alleged violation; and,

  • The arrestee refuses to voluntarily submit to any of the available chemical tests; and,

  • Prior approval from a traffic supervisor has been obtained; and,

  • A traffic or patrol supervisor is present at the medical facility (e.g., jail dispensary, contract hospital, etc.) to witness the withdrawal of blood from the suspect.

Note:  The name and serial number of the approving supervisor and the supervisor present during the forced blood withdrawal, if different from the approving supervisor, shall be written in the arrest report.

Exception:  An arrestee whose medical condition prohibits a blood sample from being taken shall not be forced to submit to a blood test.

Traffic Division Supervisor’s Responsibility. Upon being advised of a request for a forced blood withdrawal, the concerned traffic division supervisor shall determine if the criteria for forced blood withdrawal is met.  The approving supervisor, if readily available, should be the supervisor present during the procedure.

The supervisor who is present at the scene of a forced blood withdrawal where the use of force becomes necessary shall ensure that the use-of-force investigation is conducted by a non-involved supervisor.

Requesting Withdrawal. Whenever a blood sample is to be obtained from an arrestee, the arresting officer shall direct a Request for Withdrawal of Blood, Form 04.35.00, to any of the following hospital personnel:

  • Physician.

  • Registered nurse.

  • Licensed clinical laboratory technologist.

  • Licensed clinical bio‑analyst.

Physician or Hospital Employee Refusal. When a physician or hospital employee authorized by Vehicle Code Section 23158 VC refuses to withdraw a blood sample, the officers having custody of the arrestee shall request a supervisor to respond to their location. Upon arrival, the responding supervisor shall:

  • Become familiarized with the situation including a determination that the arrest and officer's actions conformed with Department policy;

  • Verify the refusal by the hospital employee to withdraw blood; and,

  • Attempt to contact an administrator of the hospital who may advise the refusing employee as to responsibilities according to the contract provisions of the hospital, to the City.

When the employee still refuses to withdraw a blood sample, the supervisor shall then request the arrestee to submit to one of the other two remaining chemical tests. When the arrestee refuses the other tests, the supervisor shall advise the officers to complete the appropriate arrest report, including a notation regarding the absence of a chemical test.

Note: If a hospital employee refuses to withdraw a blood sample and the arrestee declines the remaining tests, the arrestee may be transported to a Jail Division Dispensary to obtain the blood sample.

After the arrestee is booked and all appropriate reports are completed, the concerned supervisor and officers shall each complete an Employee's Report, Form 15.07.00, recording all pertinent information regarding the refusal to withdraw blood. The completed Employee's Reports shall be forwarded through channels to Detective Support and Vice Division-Attention Medical Evaluation Unit.

Obtaining and Packaging. The withdrawal of all blood samples shall be witnessed by the requesting officer. Officers obtaining blood samples for alcohol or drug analysis shall, in addition to following the procedures outlined on the Analyzed Evidence To Be Refrigerated Envelope, Form 12.51.01, place the defendant's booking number above the officer's serial number when completing the Sealed Evidence Label. If there is no arrestee, the DR number shall be placed in the space above the booking officer's serial number. When there is more than one suspect and a DR number is used, both the DR number and the last name of the suspect shall be used.

Officers obtaining whole blood samples from hospital employees for other than alcohol or drug analysis shall:

  • Tilt the vial slowly and gently for approximately twenty seconds to ensure the preservative in the vial mixes with the blood;

  • Complete the label on the vial with the suspect's name, the DR number, and the booking officer's initials;

  • Check the "Blood Grouping" box on the Analyzed Evidence To Be Refrigerated Envelope, and complete all other applicable reports;

  • Place the vial in the Analyzed Evidence Envelope and seal the envelope with a Sealed Evidence Label bearing the date and DR number and the officer's payroll signature and serial number signed in ink; and,

  • Affix the Biohazard Label to the upper left corner of the front of the Analyzed Evidence To Be Refrigerated Envelope.

Supervisor Approving. The supervisor approving the booking of the sample shall inspect the sample vial or container label to ensure that the required identifying information is included.

Booking. Whole blood samples shall be booked in the SID courier refrigerated temporary storage locker most convenient for the booking employee. The SID courier shall be responsible for transporting items to be analyzed to SID.

FELONY DRIVING UNDER THE INFLUENCE NON-CONSENSUAL “FORCED” BLOOD DRAW.

 

Department employees must utilize the following procedures during a felony DUI investigation that involves a non-consensual forced blood draw.

 

The Supreme Court acknowledged at least three situations where an unavoidable delay could justify a warrantless blood draw.  These are:

 

  • Delays to investigate or arrange medical assistance.  Further delay in order to secure a warrant after the time spent investigating the accident and transporting the injured suspect to the hospital to receive treatment would have threatened the destruction of evidence.

  • No magistrate available.  Improvements in communication technology do not guarantee that a magistrate judge will be available when an officer needs a warrant after making a late-night arrest.

  • Delays from the application process.  Exigent circumstances justifying a warrantless blood sample may arise in the regular course of law enforcement due to delays from the warrant application process (e.g., equipment malfunctions).

 

Note:  If an exigency exists, both the supervisor and officer should consult with their bureau Traffic watch commander for concurrence and document the exigency in the arrest report.

 

Officer's Responsibilities.  Generally, felony DUI investigations should be conducted by traffic division officers.  If after an officer has given the chemical consent admonition to the arrestee and he/she refuses to provide a sample (Vehicle Code Section 23612 – Implied Consent for Chemical Testing) officers must:

 

  • Notify a supervisor;

  • When the supervisor witnesses the refusal, the officer must complete the Field Sobriety test Admonition portion of the Driving-Under-The-Influence Arrest Report, Form 05.02.05;

  • Record observations, and complete the Request for Withdrawal of Blood, Form 04.35.00;

  • Seek advice from the concerned bureau Traffic watch commander prior to obtaining a search warrant;

  • If the bureau Traffic watch commander concurs, the officer must complete a search warrant affidavit;

  • Once a search warrant is obtained, follow the procedures on forced blood draws as delineated above in this section under, Blood Test; and,

  • Upon completion of the search warrant, the command of the arresting officer will ensure that all reports and the original search warrant are forwarded to the concerned bureau Traffic detectives.

 

Exception:  An arrestee whose medical condition prohibits a blood sample (e.g. hemophiliac, heart patient, or usage of an anticoagulant medication) from being taken shall not be forced to submit to a blood withdrawal.

 

Traffic Detective Officer In Charge Responsibilities:  The Traffic Detective Officer in Charge must ensure the following:

 

  • That the search warrant is assigned and entered into the Warrant Tracking Log, Form 08.17.05; and,

  • The Return to Search Warrant form is filed with the court within 10 days of the service.

 

343.42 URINE TEST.

Location Obtained. A urine sample must be obtained from a male arrestee at the booking location, and from a female at:

  • Female Jail Unit, Valley Section, when arrested in West Los Angeles, Pacific, or the Valley Areas; and,

  • The Area of arrest, when arrested in the metropolitan area.

Administering Test for Alcohol. An officer or detention officer of the same sex as the arrestee shall:

  • Escort the arrestee to an appropriate restroom facility;

  • Instruct the arrestee that he/she must empty his/her bladder;

  • Remain present while the arrestee empties his/her bladder;

  • Wait twenty minutes, or as soon as possible thereafter, before attempting to collect a urine sample;

  • Provide the arrestee with a pretreated urine sample container;

  • Ensure that the container is not rinsed prior to sample collection;

  • Remain present while the arrestee provides a urine sample; and,

  • Ensure that the label identifying the chemist responsible for preparation of the container is not removed.

Administering Test for Drugs other than Alcohol.  An officer or detention officer of the same sex as the arrestee shall:

  • Escort the arrestee to an appropriate restroom facility;

  • Provide the arrestee with a pretreated urine sample container;

  • Ensure that the container is not rinsed prior to sample collection;

  • Remain present while the arrestee provides a urine sample; and,

  • Ensure that the label identifying the chemist responsible for preparation of the container is not removed.

A protective glove(s) must be worn when handling a urine sample.

Note:  A blood test is the only acceptable test to determine a person's drug content.  A urine test for drugs other than alcohol shall only be used if the person has hemophilia or is using an anticoagulant for a heart condition.

The Driving‑Under‑the‑Influence Arrest Report (Continuation), Form 05.02.05, shall indicate:

  • The time the bladder of the arrestee was first emptied (alcohol test only),

  • The time the urine sample was collected, and,

  • The name of the employee who administered the urine test.

Note: When an arresting officer becomes aware that an arrestee has emptied his/her bladder after coming into the custody of the officer, the twenty‑minute waiting period shall begin at the time the bladder was first emptied. The time and circumstances of the emptying must be recorded on the Driving‑Under‑the‑Influence Arrest Report (Continuation), Form 05.02.05.

Booking Sample. The officer booking a urine sample must:

  • Ensure that the lid is placed tightly on the container;

  • Place a completed Sealed‑Evidence Label on the side of the container, and place the defendant's booking number above the officer's serial number when completing the Sealed‑Evidence Label. If there is no arrestee, the DR number must be placed in the space above the booking officer's serial number. When there is more than one suspect and a DR number is used, both the DR number and the last name of the suspect must be used;

  • Complete the Analyzed Evidence To Be Refrigerated Envelope, Form 12.51.01, and check the appropriate box, "Alcohol Analysis" or "Drug Analysis;"

  • Place the container in a plastic property bag, seal the bag, and then place it in the Analyzed Evidence Envelope;

  • Seal the flap of the envelope with a completed Sealed Evidence Label; and,

  • Affix the Biohazard Label to the upper left corner of the front of the Analyzed Evidence Envelope.

Alcohol and/or opiate urine samples must be booked in the refrigerated temporary storage locker most convenient for the booking employee. The Property Division courier will be responsible for transporting items to Property Division to be analyzed by SID.

Supervisor Approving. The supervisor approving the booking of the sample must inspect the sample vial or container label to ensure that the required identifying information is included.

343.57 REFUSAL TO SUBMIT TO OR COMPLETE CHEMICAL TEST - NOTIFICATION TO DMV. When a person who has been arrested for operating a motor vehicle while under the influence of intoxicating liquor and/or drugs refuses to submit to or complete a chemical test, the arresting officer shall mark the left margin of the related Driving‑Under‑The‑Influence Arrest Report, "Copy to Bureau Traffic Division Auditor."

343.60 DRIVING ‑ UNDER ‑ THE ‑ INFLUENCE ARREST-OFFICER REPORTING. When an arrest is made for any offense committed while driving a vehicle under the influence of alcohol and/or drugs, one officer shall normally complete the report and be prepared to testify regarding all phases of the arrest. That officer's name shall be placed in the upper portion of the "Reporting Officer's" box on page 1 of the Arrest Report and in the appropriate boxes of Form 05.02.05.

343.65 MISDEMEANOR TRAFFIC COLLISION RELATED DRIVING ‑ UNDER ‑ THE ‑ INFLUENCE BOOKINGS. When an arrestee involved in a traffic collision is booked for driving under the influence (23152(a) VC) the officer responsible for completing the arrest and traffic collision reports shall cause the arrest report and a copy of the traffic collision report to be submitted together at the location of booking for processing and distribution.

Exception: When the arrestee is booked into the Los Angeles County‑USC Medical Center jail ward or Los Angeles County Jail, the reports shall be submitted to the approving supervisor at the Communications Division Telephonic Report Counter, Police Administration Building.

Note: Records unit personnel shall ensure that one copy of the Traffic Collision Report is forwarded, with the copies of the DUI arrest report, to the appropriate custodial detention officer. The original reports and subsequent copies shall be processed and distributed according to current procedures.

343.70 DRIVING - UNDER - THE - INFLUENCE BOOKINGS. A teletype request shall be sent to DMV concerning each arrestee booked for 23152(a) VC. This request shall be teletyped by divisional record clerks immediately upon receipt of the Booking and Identification Record, Form 05.01.00, from the location of the arrestee's detention. Requests may be sent using either the driver's license number or the full name of the arrestee.

When using the driver's license number, the teletype shall be sent in the following form:

  • ID.

  • (Information code, driver's license number.)

When no driver's license number is available, the teletype shall contain: (Manual Section 4/155.15)

  • STATUS AND RECORD.

  • Arrestee's full name.

  • Arrestee's address.

  • Arrestee's birthdate (if unknown, give age).

Teletype requests shall originate from the division at which the arrest reports are completed for distribution. The employee shall use the appropriate teletype code to ensure that the docket number and the court of prior conviction, if applicable, appear on the reply from DMV. The employee making the inquiry shall attach the return teletype information to the court copy of the arrest report and forward them to the detention officer having custody of the arrestee.

344. TRAFFIC CASES INVOLVING PHYSICIANS.

344.50 ARREST OF PHYSICIAN ENROUTE TO TREAT EMERGENCY CASE. When a physician is taken into custody while enroute to treat an emergency case, the arresting officer shall immediately cause the patient to be notified. If this is not possible, the person who summoned the physician shall be notified.

A physician traveling in response to an emergency shall be exempt from the provisions of Vehicle Code Section 22351 (Speed Law Violations) and 22352 (Prima Facie Speed Limits), if the vehicle so used by the physician displays an insignia approved by the Department of Motor Vehicles indicating that the vehicle is owned by a licensed physician (21058 VC).

Note: The caduceus, symbol of the American Medical Association, is the approved insignia.

346. TRAFFIC CASES INVOLVING JUVENILES.

346.10 CITING PROCEDURE - TRAFFIC NOTICE TO APPEAR (CITATION). When a juvenile is issued a Traffic Notice to Appear, Form 04.50.00 for a moving or non‑moving violation, the juvenile shall be advised that a parent or guardian's presence is required when at Juvenile Traffic Court in answer to the citation.

346.20 REFUSAL TO SIGN CITATION - JUVENILES.  When a juvenile refuses to sign a citation, the juvenile shall be processed according to Manual Section 4/334.40.

346.40 MISDEMEANOR TRAFFIC VIOLATION - JUVENILE ARRESTED. When a juvenile is booked for a misdemeanor Vehicle or Municipal Code (traffic-related) violation, the arresting officer shall:

  • Complete a Traffic Notice to Appear in the normal manner and have the juvenile sign the citation.

  • Cite the juvenile to the morning or afternoon session (Manual Section 4/320.45) of the Juvenile Traffic Court on the appropriate citing date.

  • Give the juvenile the defendant's copy.

Note: If the juvenile is to be released to a parent or guardian, the defendant's copy of the citation should be given to the parent or guardian at the time of release.

  • Complete an Arrest Report, Form 05.02.00, and include the citation number and the notation that the court copy of the citation is attached to the investigating officer's copy of the arrest report.

  • Attach the court copy of the citation to the arrest report.

  • When the juvenile is to be released to a parent or guardian, provide the adult with a copy of the Juvenile, Notice to Appear, Form 09.03.00.

Exception: Juveniles arrested for violation of Section 23152 VC shall be processed in the same manner as a non‑traffic misdemeanor arrest. A Traffic Notice to Appear shall not be issued for driving under the influence.

The investigating officer shall:

  • When the juvenile is not detained, forward one copy of the arrest report and the court copy of the citation to Traffic Court Liaison, Traffic Coordination Section.

  • When continued detention is deemed necessary, process the detained petition request, court copy of the citation, and related reports in the same manner as a detained petition request for any other charge.

346.45 JUVENILE OFFENSES INVOLVING ALCOHOL. Officers citing a juvenile for a violation of 23140(a) VC shall:

  • Document probable cause for administering the Intoximeter EC/IR Test in the narrative section of a Traffic Notice to Appear or on a Continuation of Notice to Appear, if necessary;

  • Write the corresponding citation number in the box entitled "DR NO." in the upper right corner of the completed Intoximeter EC/IR Operator Check List, Form 05.20.07;

  • Attach the completed Form 05.20.07 to the Traffic Notice to Appear "court copy" (green), and forward it to the appropriate Juvenile Traffic Court; and,

  • Release the juvenile to a parent or guardian.

Note: Section 23140(a) VC does not require a Field Sobriety Test (FST); however, should an officer administer an FST, the results of the FST shall be documented on a Driving-Under-the-Influence Arrest Report (Continuation), Form 05.02.05. The completed Form 05.02.05 shall include the corresponding citation number in the upper right corner in the box entitled "DR" and be attached to the Traffic Notice to Appear "court copy" (green) and forwarded to the appropriate Juvenile Traffic Court. Enforcement of Section 23140(a) VC does not preclude the enforcement of 23152(a) VC, Driving-Under-the-Influence of Alcohol or Drugs.

347. TRAFFIC CASES INVOLVING PUBLIC TRANSPORTATION.

347.10 TRAFFIC VIOLATIONS BY PUBLIC TRANSPORTATION VEHICLES. When an officer observes a citable traffic violation committed by the operator of a vehicle subject to the jurisdiction of the Department of Transportation, the MTA, or any municipal bus line, the officer shall, if appropriate, complete a Traffic Notice to Appear (Citation).

When practicable, buses should be allowed to proceed to the next regular stopping point before enforcement action is taken. A bus shall not be detained any longer than is necessary to complete the citation. All other public transportation vehicles shall be stopped at the nearest available parking space.

Note: The Department of Transportation has jurisdiction over motor buses, private school buses, sightseeing buses, charter buses, taxicabs, automobiles for hire, and private ambulances.

347.30 CITING PROCEDURES - PUBLIC TRANSPORTATION VEHICLES. When a citation is issued to the operator of a public transportation vehicle or a vehicle subject to the jurisdiction of the Department of Transportation, it shall be completed in the normally prescribed manner.

347.80 ARREST OF PERSON OPERATING PUBLIC TRANSPORTATION VEHICLE. If a person operating a vehicle under the jurisdiction of the Department of Transportation, the SCRTD, or a municipal bus line, is taken into custody and no other crew member is available, the arresting officer shall:

  • Notify the concerned company dispatcher, if available; and,

  • Remain at the scene until an authorized person takes charge of the vehicle.

349. TRAFFIC VIOLATIONS INVOLVING POST OFFICE EMPLOYEES.

349.05 POST OFFICE VEHICLES - DEFINED. Post Office vehicles, as used in this section, shall include all publicly or privately owned vehicles operated by the United States Post Office for the purpose of, and while engaged in, the transportation, delivery or pick‑up of United States mail.

349.20 TURNING EXEMPTIONS - POST OFFICE EMPLOYEES. Operators of Post Office vehicles on scheduled routes shall be exempt from the provisions of special signs regulating street turning movements. This exemption shall not apply when one‑way streets are affected.

349.40 CITING PROCEDURE - POST OFFICE EMPLOYEES. When an officer observes a citable traffic violation committed by the operator of a Post Office vehicle, the officer shall, if appropriate, complete a Traffic Notice to Appear, Form 04.50.00 (Citation). The defendant shall be requested to sign the citation. The citing officer shall complete the Traffic Notice to Appear in the normally prescribed manner.

Note: Operators of government owned or leased mail trucks are not required to hold a State of California driver's license while so engaged. (Vehicle Code Section 12501a).

349.60 PHYSICAL ARREST OF POSTAL, EMPLOYEES (Manual Section 4/216.60).

349.80 PARKING VIOLATIONS - POST OFFICE VEHICLES (Manual Section 4/384.70).

354. TRAFFIC VIOLATIONS.

354.05 TRAFFIC VIOLATIONS ON ROADWAYS IN PUBLIC PARKS. Traffic violations occurring on a roadway in a public park, other than Riverside Drive or the Pasadena Freeway, shall be cited with the appropriate Los Angeles Municipal Code sections. Only those sections of the Vehicle Code which apply to private property are applicable to violations in public parks.

354.10 FALSE INFORMATION TO PEACE OFFICERS. An officer engaged in enforcement of the Vehicle Code (VC) who becomes aware that a person has knowingly provided false information shall arrest and book for Section 31 VC under the authority of 40302(a)VC.

Note: A Non - Traffic Notice to Appear may be completed if conditions for release are met, and the procedures for release are followed (Manual Section 4/216.65).

Officers shall cancel a citation (Traffic Notice to Appear) on which false information was recorded by completing a Citation Cancellation Request, Form 04.45.00, and document the canceling of the citation in the narrative of the arrest report. Any additional violations listed on the cancelled citation shall also be documented in the narrative of the arrest report as additional filings. A photocopy of the cancelled citation shall be included as a page of the arrest report.

354.24 CITATIONS ISSUED FOR ILLEGAL USE OF SIREN. When a citation is issued for Illegal Use of Siren, Vehicle Code Section 27002, the citing officer shall complete an Employee's Report, Form 15.07.00, in triplicate, containing the details of the offense. This form shall be forwarded to the Commanding Officer, Counter Terrorism and Special Operations Bureau.

354.30 COURT APPEARANCE BY OFFICER IN SPEED CASES. When an officer is subpoenaed to court in connection with a case involving a speed violation, he/she shall be prepared to:

  • Establish the speed zone qualifications at the location in question by testimony concerning the legal posting on the highway, or in the absence of such posting, by a house or business count; and,

  • Completely describe the speed zone signs as to size, shape, and wording, when the posting is to be used as the sole means of establishing the speed zone.

354.35 APPREHENSION FOR RECKLESS DRIVING. When a violator is apprehended for Reckless Driving, Vehicle Code Section 23103, the essential elements and the location of each count shall be included in the Complaint Application, Form 05.15.00, or when an arrest is made, in the Arrest Report, Form 05.02.00. When a citation has been started or issued for any of the violations, a Citation Cancellation Request, Form 04.45.00, shall be completed.

354.38 CITATIONS ISSUED FOR NO BICYCLE LICENSE.

Citing Procedure-General. A citation for violation of 26.01 L.A.M.C. (Unlicensed Bicycle) shall not be issued if the owner produces a valid California Bicycle License Application (pink copy) for the bicycle.

The name and address of the Los Angeles police station nearest the residence of the violator where bicycle licenses may be obtained shall be included in the notes of a citation issued for failure to have a bicycle license.

Citing Procedure - Juvenile. An officer issuing a citation to a juvenile for violation of 26.01 L.A.M.C. shall instruct the juvenile to:

  • Have the bicycle licensed at a Los Angeles police station or in the jurisdiction of residence; and,

  • After licensing, if there are no other violations cited, have the bicycle inspected at a Los Angeles police station prior to the appearance date indicated on the citation.

Processing of Citations-Juvenile. Officers licensing or inspecting a bicycle shall determine whether:

  • The only violation cited is 26.01 L.A.M.C.

  • The bicycle was properly licensed and inspected prior to the appearance date indicated on the citation.

If these two conditions are met, the officer shall:

  • Retain the violator's copy of the citation;

  • Inform the violator that an appearance in Juvenile Traffic Court is not required, unless otherwise notified by the court;

  • Record the date, the bicycle license number, the agency licensing, and name and division of assignment on the back of the violator's copy of the citation; and,

  • Forward the citation to the Juvenile Traffic Court, 1945 South Hill Street, Los Angeles, Attention: Court Liaison Unit.

If the citation has been issued for violations in addition to 26.01 L.A.M.C., or if the bicycle has not been properly licensed and inspected prior to the court appearance date, the juvenile shall be instructed to retain the copy of the citation and appear in the Juvenile Court, Traffic Division, as specified on the citation.

Citing Procedure-Adult. An adult issued a citation for violation of 26.01 L.A.M.C. shall be instructed to have the bicycle licensed at a Los Angeles Police station or in the jurisdiction of residence, prior to making the appearance indicated on the citation.

354.40 TRAINS BLOCKING MOVEMENT OF TRAFFIC. Whenever a train blocks the movement of traffic upon a street for more than ten minutes a Complaint Application, Form 05.15.00, may be completed. The Form 05.15.00 shall be submitted to a supervisor for approval.

Officer’s Responsibility. When completing a Complaint Application, Form 05.15.00, the Complaint Application shall include, when practicable:

  • The date, time and exact location of occurrence (including the name of  the blocked streets);

  • The name of the railroad involved,  including the numbers of the locomotive and caboose;

  • The name(s) of the engineer and/or the conductor and their stated reason, if any, for the delay;

  • The name(s) and phone number(s) of witness(es) and/or person(s) reporting; and,

  • The duration of the delay during which the train blocked the movement of traffic.

(State Public Utilities Commission General Order No. 135).

Exception: Officers shall not submit a Complaint Application when:

  • There are no vehicle(s) or pedestrian(s) waiting;

  • The train is moving continuously in the same direction; or,

  • The train is stopped because of State and/or Federal laws, terrain and/or physical conditions, adverse weather conditions, conditions rendering the roadbed or track unsafe, mechanical failures, train accidents, or other occurrences over which the railroad has no control.

Records Supervisor’s Responsibility. Records supervisors shall:

  • Ensure that all Complaint Applications for trains blocking movement of traffic receive a Division of Records (DR) Number; and,

  • Forward the Complaint Application to the responsible traffic division.

Traffic Division Collision Investigator’s Responsibility. Traffic Division, Collision Investigators (CI) shall:

  • Review the Complaint Application;

  • Ensure that the Complaint Application meets Los Angeles City Attorney’s filing requirements; and,

  • Present the Complaint Application to the Los Angeles City Attorney’s Office for filing.

360.VEHICLE EQUIPMENT VIOLATIONS.

360.30 CITATIONS ISSUED FOR DEFECTIVE EQUIPMENT. When a Traffic Notice to Appear (citation) is issued for defective motor vehicle equipment, the driver of the vehicle shall be advised to secure an equipment inspection prior to appearing in answer to the citation. Inspection services may be obtained for:

  • Brakes or headlights; from an official light or brake inspection station; and,

  • Equipment other than brakes or headlights: from a Los Angeles County Sheriff’s inspection station or a California Highway Patrol (CHP) inspection facility.

360.35 CERTIFYING CORRECTIONS. Officers (other than those assigned to the Specialized Enforcement Unit and Motor Training Unit, Emergency Operations Division) shall not certify (sign off) violations as being corrected. Driver's license and registration violations may be certified as corrected by the Department of Motor Vehicles or any clerk of a court. Equipment violations may be certified as corrected as noted on the reverse of the Notice to Appear, Form 04.50.00, violator's (white) copy.

372. TRAFFIC SIGNS AND DEVICES.

372.05 ENFORCEMENT WHEN TRAFFIC SIGNS NOT LEGIBLE AND VISIBLE. A citation shall not be issued if, at the time of a violation, any required official sign or marking is not in place and sufficiently legible and visible to be seen by an ordinarily observant person. (Los Angeles Municipal Code Section 80.10).

372.10 LEGALITY OF TRAFFIC SIGNS AND MARKINGS. When enforcing traffic laws, employees shall presume that any posted official sign or marking has been legally placed and established.

372.20 EMERGENCY PARKING REGULATION SIGNS. Persons or organizations requesting emergency parking regulation signs shall be referred to the Los Angeles Department of Transportation.

372.25 DEFECTIVE TRAFFIC SIGNS AND SIGNALS. Employees observing or receiving information that any official traffic control device is defective, damaged, or missing shall:

  • Immediately notify the communications control operator;

  • When conflicting directions are displayed by the traffic signals, adjust the lights to appear flashing red or take other action to eliminate the hazard; and,

  • When a hazard cannot be corrected, or a possibility of conflict is present, manually direct traffic or secure uniformed personnel to direct traffic.

When a traffic signal repair person is at the scene of a defective traffic signal, the decision as to whether the signal is to be turned off shall be made by the repair person.

372.28 DEFECTIVE PARKING METERS. Employees observing or receiving information concerning a parking meter in need of repair or replacement shall, without delay, notify the desk officer of the geographic Area in which the meter is located. The notification shall include the location and the serial number of the parking meter. When a parking meter, or its parts or contents, is booked into the custody of the Department, the notification shall also include the classification of property (Evidence or Non-evidence), the DR number, and the location where the property is held.

Parking Meter Log. The desk officer, when notified of a parking meter in need of repair or replacement, or that a parking meter, or its parts or contents, has been booked, shall record in the Parking Meter Log the time of reporting and the information given him/her by the reporting officer for later reference by Traffic Department repair persons.

372.35 REQUESTING INSTALLATION OF SIGNS, SIGNALS, AND MARKINGS. An employee requesting installation of a sign, signal, or markings shall submit an Employee's Report, Form 15.07.00, to his/her immediate superior officer. When approved, the report shall be forwarded through channels, to Traffic Coordination Section.

372.40 USE OF FLARES. Use of flares shall be limited to protecting the scene of a traffic collision or other emergency occurrence on a traffic-way.

378. INTERSECTION CONTROL.

378.20 EMPLOYEE'S POSITION IN INTERSECTION. The following factors shall be considered in choosing the position to be taken by an officer at an intersection:

  • Personal safety.

  • Visibility of traffic.

  • Non‑obstruction of traffic.

  • Ability to effect necessary control.

  • Accessibility to persons wishing information.

378.40 USE OF WHISTLE FOR INTERSECTION CONTROL.

Signal Changes. The whistle shall be used in conjunction with electric traffic signal changes only when necessary.

Full Manual Control. When in full manual control of an intersection, an employee shall use the whistle to supplement arm signals used for stopping and starting the flow of traffic.

Warning. Short, rapid whistle blasts may be used to gain attention or to prevent violations.

378.60 PERSONS REQUESTING INFORMATION AT INTERSECTIONS. Motorists or pedestrians requesting information shall be directed to a place of safety before being given such information.

378.80 ORAL DIRECTIONS AT INTERSECTION. Employees shall not shout directions which can be given by proper manual signals.

384. PARKING CONTROL.

384.05 ISSUANCE OF PARKING VIOLATION WARNINGS. Warning of Parking Violation, Form 04.10.00, shall be issued in lieu of citations for a period of not less than three, nor more than, seven days:

  • When new parking regulations become effective; or,

  • When parking regulations already in effect have not been enforced for an appreciable length of time and enforcement is resumed; or,

  • When a vehicle appears to be abandoned.

Exception: This section does not pertain to temporary or emergency parking regulations.

384.15 RESTRICTED PARKING ZONES - ENFORCEMENT. When a citation is issued for parking in any of the following types of zones, the citing section shall be "Los Angeles Municipal Code 80.56":

  • White passenger loading zones stenciled "Passenger Loading Only."

  • Yellow loading zones stenciled "Loading Only."

  • Green parking zones stenciled "Passenger Cars Only-15 Minute Limit."

  • Red zones stenciled "No Standing."

Subsections of Los Angeles Municipal Code Section 80.56 shall not be shown on the citation, but the specific violation shall be identified by indicating in the notes on the citation the color of the zone.

384.20 WHITE, YELLOW, AND GREEN ZONES - ESTABLISHMENT AND REPAINTING. Persons who request information on the establishment or repainting of white, yellow, or green parking zones, shall be referred to the Department of Transportation.

384.25 ANGLE PARKING. Citing employees shall be alert for unnecessary violations of regulations requiring parallel parking. While consideration may be given to the necessity for angle parking when loading or unloading merchandise of such size and weight that parallel parking would unreasonably aggravate the process, such consideration shall not be based upon mere convenience.

384.30 COMMERCIAL VEHICLES DEFINED. For purposes of enforcing traffic regulations, the following shall be considered commercial vehicles:

  • All motor vehicles bearing California commercial license plates; and,

  • All motor vehicles bearing a "Commercial Vehicle Identification Permit" issued by the Board of Traffic Commissioners, pursuant to Los Angeles Municipal Code Section 80.60.1.

384.35 PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION. The name and address of the complainant shall be included in the notes on a citation issued for illegal parking on private property.

384.45 SEARCHLIGHT, GENERATOR, AND FLOODLIGHT UNITS - PARKING ENFORCEMENT. Employees initiating enforcement action against persons maintaining illegally parked searchlight, generator, or floodlight units shall complete a Complaint Application, Form 05.15.00, which shall include:

  • The name of the offender (person in charge of, or operating, the equipment at the time the violation occurred);

  • The name of the owner of the equipment; and,

  • A statement of the offender, when present, as to whether he/she was instructed to park the equipment in that specific place.

384.50 OPERATING SEARCHLIGHT, GENERATOR, OR FLOODLIGHT WITHOUT PERMIT. If a person operating a searchlight, generator, or floodlight unit on the street is unable to establish that he/she has obtained a permit, officers shall contact the concerned geographic uniformed division to ascertain whether the person has an effective permit. If the person does not have an effective permit, a Complaint Application, Form 05.15.00, shall be completed and shall include:

  • The name of the offender (person in charge of, or operating, the equipment at the time the violation occurred;)

  • The name of the owner of the equipment; and,

  • A statement of the offender as to whether he/she was informed that a permit for the vehicle was or was not obtained.

384.55 TIRE MARKING. When a tire is marked with chalk or crayon, the mark shall be made across the tread area of the tire.

384.60 COMPLETING ABSENTEE PARKING CITATION. The following procedures shall apply to the completion of absentee parking citations:

Citation Books. The completion of the absentee parking citation shall consist of completing all applicable items through the violation section of the citation. Officers shall refer to the Los Angeles Department of Transportation (LADOT) citation reference card to ensure that the proper abbreviations and codes are entered on the citation.

Note: Officers shall enter their unit designation (e.g. 12A53, 3X62, etc.) in the space marked "Beat No."

Overtime Parking. A citation issued for overtime parking shall include the time of the start of the check, immediately above the time of issuance.

Return of Operator. If the operator of the concerned vehicle is present at any time during the issuance of an absentee parking citation, the notes of the citation shall so indicate. The completed citation shall be attached to the vehicle.

Citation Corrections. Corrections on the absentee citation may be made prior to issuance if an error is made in other than the vehicle identification or violation portions and only by legibly writing over the error. Illegible corrections shall cause the citation to be canceled and a new citation issued. Strikeovers shall not be used to correct a citation and changes shall not be made after the citation has been issued.

Note: The Form 04.07.00 shall not be used to correct an absentee citation.

Canceling Citations. An absentee parking citation shall be canceled and a new citation issued when an error is made in the vehicle identification or violation fields of the citation. When it is necessary to cancel an absentee parking citation, employees shall be guided by Manual Section 4/326.

384.65 BOARD OF EDUCATION VEHICLES. The following described windshield card is used by Assistant Supervisors of Attendance, Board of Education, while parked in front of schools for the purpose of delivering or picking up absentee students. When displayed in the windshield of a vehicle parked in front of a school, the card shall be accepted as indicating that the vehicle is actually engaged in loading or unloading. The card is white cardboard, eight by nine inches, and bears the following information:

  • Identifying code letter and number.

  • Board of Education gold seal.

  • Make of car.

  • License number of car.

  • Owner.

  • Occupation.

  • Black lettering reading "Los Angeles City Board of Education. This is now being used to enforce the provisions of the School Code pertaining to compulsory school attendance."

  • Signed by the Head Supervisor.

  • Approved by the Deputy Superintendent of Schools.

384.70 POST OFFICE VEHICLES. Post Office Vehicles (Manual Section 4/349.05), while delivering or picking up mail, may be permitted to park in any of the following places:

  • In any red zone or white passenger loading zone.

  • In the Central Traffic District during prohibited hours.

  • In front of a fire hydrant, when the doors of the vehicle are not locked.

  • In crosswalks, when permission has been granted by this Department with reference to a specific location.

  • Double parking, when no legal parking space nor any of the foregoing places are available within 150 feet of the driver's destination.

385. PARKING DEPARTMENT VEHICLES.

385.20 LOCKING DEPARTMENT VEHICLES. Unless it is impractical, an employee shall securely lock a Department vehicle when leaving it parked on the street or other public places.

When an employee parks a Department vehicle and leaves it unlocked and unattended, he/she shall remove all dangerous or valuable equipment that is not securely attached to the vehicle.

387. CALIBRATING SPEEDOMETERS.

387.10 SPEEDOMETER CALIBRATIONS OF DEPARTMENT VEHICLES. Speedometers of Department vehicles used to enforce the provisions of the Vehicle Code shall be calibrated semi‑annually, and the information entered on three copies of the Speedometer Calibration Record, Form 11.30.00. (For distribution, see Manual Section 5/11.30-80).

The location and method of the calibration of speedometers shall be determined by the Commanding Officer, Motor Transport Division.

TRAFFIC COLLISIONS

405. TRAFFIC COLLISION TERMINOLOGY.  Back to top

405.10 TERMS AND DEFINITIONS. The following terms and definitions shall apply to the investigation and reporting of traffic collisions:

Traffic Collision. A traffic collision is an unintentional occurrence in which the movement of a conveyance causes death, injury, or property damage.

Note: Accidents involving conveyances being used as industrial machinery or engaged in authorized sporting events are not traffic collisions.

Conveyance. A conveyance is any device by which persons or property may be propelled, moved, or drawn from place to place. Included are motor vehicles, trains, animals under human control, and bicycles.

Trafficway. A trafficway is a publicly maintained route open to the use of the public for the purpose of vehicular and pedestrian travel, extending from property line to property line, including sidewalks, parkways, and roadways. Highway, street, and trafficway are synonymous.

Note: A private road shall be considered a trafficway when it is open to through public travel and joins at each end with a trafficway.

Roadway. A roadway is that portion of a trafficway ordinarily used for vehicular travel only.

Non‑trafficway. A non‑trafficway is public or private property of a type neither designated nor normally used as a trafficway.

City Property Involved. A traffic collision is "City Property Involved" when one or more of the following is involved:

  • A City employee acting within the scope of his employment.

  • Damage to property owned, maintained, or contracted by the City.

  • Any possibility of City liability resulting from the actions of any involved party being influenced by City property or a City employee acting within the scope of his employment.

  • Water in the roadway other than from precipitation run off.

Note: Investigating officers shall identify the source of the water and determine how it may have contributed to the collision.

Injury. Injury is any bodily harm that is in need of first aid or the attention of a physician. It is not necessary that treatment or first aid be received. An injury need not be apparent, but may be a complaint of pain without visible signs of injury.

Party. A party is a driver of a conveyance, the last driver of a parked or unattended vehicle, or a pedestrian who is directly involved in a traffic collision.

Witness. A witness is any person, other than a party, who has any pertinent information regarding a traffic collision.

Property‑Other. Property, other than conveyances, which sustains damage as the result of a traffic collision shall be considered "property‑other."

410. PRELIMINARY PROCEDURES AT SCENE OF TRAFFIC COLLISIONS.

410.05 DUTIES OF FIRST OFFICER ARRIVING AT SCENE. The first officer to arrive at the scene of a traffic collision shall:

  • If necessary, summon an ambulance.

  • If necessary, render first aid.

  • Protect involved vehicles, personal property, and persons using the trafficway (Manual Section 4/208.10).

  • Notify the CHP, via Communications Division, when the location is within the CHP's area of responsibility.

410.15 INVESTIGATION - RESPONSIBILITY OF ASSIGNED UNIT. A unit assigned a traffic collision call shall be responsible for completing the investigation and the necessary reports unless advised by the communications control operator that the call has been reassigned or canceled.

An officer investigating a traffic collision shall ensure that a supervisor is dispatched to the scene when an accident involves:

  • On‑duty Department personnel and results in death or serious injury to any involved person.

  • An aircraft accident results in death, serious injury, or extensive property damage.

  • Other circumstances which indicate the need for immediate follow‑up investigation.

412. MULTI-DISCIPLINARY COLLISION INVESTIGATION TEAM. The Multi-Disciplinary Collision Investigation Team (MCIT) is responsible for critical traffic investigations, traffic reconstruction and teaching collision investigation schools. The MCIT shall be requested in any of the following incidents:

  • Any traffic collision that results in an "A" or "K" injury (as defined in Department Manual Section 4/432.10) and involves City-owned or City-mileage vehicles or involves the actions of any involved party being influenced by City property or a City employee acting within the scope of his/her employment;

  • Any traffic collision resulting in an "A" or "K" injury which may result in a felony criminal prosecution and which requires a critical traffic collision investigation.  This would require the recommendation of the concerned traffic division watch commander or on-call traffic division detective, with the approval of the Officer-in-Charge (OIC), Traffic Coordination Section (TCS);

  • Any major unusual traffic occurrence, when requested by the concerned traffic division watch commander and with the approval of the OIC, TCS; or,

  • Any request by a commanding officer, without further review by either the traffic watch commander or the MCIT supervisor.

Note:  The Commanding Officer, Emergency Operations Division (EOD), has the final authority in determining whether the MCIT will respond to the scene of a traffic-related incident.

The traffic division watch commander or on-call traffic division detective of the concerned geographic bureau must contact the OIC, TCS, for approval prior to requesting the MCIT.

Note: When TCS is closed, Real-Time Analysis and Critical Response (RACR) Division must be notified and requested to contact the on-call MCIT supervisor, TCS.

 

Multi-Disciplinary Collision Investigation Team.  The MCIT is comprised of the following personnel:

 

  • (1) Commanding Officer, Counter Terrorism and Special Operations Bureau or Commanding Officer, EOD:

  • (1) Department Risk Manager or representative;

  • (1) Lieutenant II;

  • (1) Sergeant II;

  • (1) Detective III;

  • (2) Detective II;

  • (2) Police Officer III;

  • (1) Automotive Supervisor or higher rank supervisor designated by the Commanding Officer, Motor Transport Division, as an adjunct member; and,

  • (1) Traffic Engineer, Los Angeles Department of Transportation, as an adjunct member.

 

Note:  The MCIT supervisor is responsible for requesting the response of the aforementioned personnel.  The MCIT supervisor will also notify RACR and the on-call Deputy City Attorney for all MCIT call outs.  In addition, the MCIT supervisor may call upon resources of geographic Traffic Division, as needed, to assist in various aspects of an investigation.

 

Multi-Disciplinary Collision Investigation Team Responsibilities.  The MCIT is responsible for the following:

 

  • Completing critical traffic collision investigations;

  • Conducting downloads of a vehicle's Event Data Recorder and Power Control Module;

  • Conducting follow-up investigations;

  • Conducting compelled interviews of Department employees when applicable and in accordance with Government Code Section 3300;

 

Note:  Prior to conducting the compelled interview, the MCIT interviewer should ensure that the involved employee, when practical, reviews the Digital In-Car Video System footage captured during the incident, consistent with Department Manual Section 3/579.13.

 

  • Conducting tape-recorded interviews of all involved parties;

  • Conducting tape-recorded interviews of all witnesses;

  • Conducting vehicle examinations;

  • Filing cases with the District or City Attorney's Offices;

  • Handling all reconstructions;

  • Handling arrests and bookings;

  • Presenting the facts and evidence of the traffic collision at the Chief of Police 72-hour Briefing; and,

  • Teaching Department traffic schools.

 

415. TRAFFIC COLLISION REPORTING REQUIREMENTS.

415.05 REPORTABLE TRAFFIC COLLISION. A traffic collision report shall be completed when a traffic collision involves one or more of the following:

  • Death;

  • Injury;

  • Hit and Run;

  • CPI;

  • DUI; and,

  • Traffic felony.

Note: The investigation of school bus traffic collisions by officers of this Department shall be limited to those accidents that are within the Department's standard traffic collision reporting policy when the involved school bus was not transporting students or actively loading or unloading students at the time of the accident. Department personnel at the scene of a school bus traffic collision which is not the investigative responsibility of this Department shall notify the CHP and stand by until CHP personnel arrive.

Exception: Trains, animals, and/or bicycles (Manual Section 4/430.25).

415.07 CLASSIFICATION OF TRAFFIC COLLISIONS AND FORMS REQUIRED. An officer assigned a Traffic Collision call shall conduct a preliminary investigation to determine whether the occurrence requires a Class II (minor) or Class I (in‑depth) investigation.

  • A Class I investigation requires completion of the Traffic Collision Report CHP 555 Form Set (in-depth), which consists of form CHP 555 OPI 061 (pages 1 through 4 with a scaled diagram), Narrative/Supplemental CHP 556 OPI 061 – Long Form with a full narrative and verbatim statements, and if applicable, a Municipal Supplement, Form 04.03.01, and/or Truck/Bus Collision Supplemental Report CHP 555D.

Note:  The concerned bureau traffic division watch commander has the discretion to allow a sketch diagram, in lieu of a factual diagram, for a single-party traffic collision where there are no passengers or fatalities.

  • A Class II investigation requires completion of the Traffic Collision Report CHP 555 Form Set (minor), which consists of form CHP 555 OPI 061 (pages 1 through 3), Traffic Collision Narrative/Supplemental CHP 556 OPI 042 – Short Form with a condensed narrative and paraphrased statements, and if applicable, a Municipal Supplement.

415.10 CLASS I TRAFFIC COLLISION INVESTIGATION CRITERIA. A Class I Traffic Collision Investigation shall be conducted when a traffic collision investigated at the scene involves one or more of the following:

  • Death;

  • "A" Injury;

  • Traffic felony;

  • Unbooked DUI driver;

  • All CPI vehicles and/or a possibility of City liability;

  • H&R Misdemeanor with Follow‑up possibility (complete H&R vehicle license number or distinctive vehicle description, i.e. business name;)

  • Unusual incident as defined in Manual Section 4/214.50; and,

  • Complex circumstances which cannot be adequately reported with a Class II Investigation.

415.15 CLASS II TRAFFIC COLLISION INVESTIGATION CRITERIA. A Class II Traffic Collision Investigation shall be completed when a Class I investigation is not required.

415.20 PROPERTY DAMAGE ONLY (PDO) TRAFFIC COLLISION. Officers at the scene of a PDO traffic collision shall:

  • Assist in clearing the scene;

  • Verify that a correct exchange of information has taken place, or issue each involved party a Traffic Collision Information, Form 04.37.00;

  • Inform the involved parties regarding the requirement for submission of the State Form SR‑1 to the Department of Motor Vehicles; and,

  • Inform the involved parties that a traffic collision report is neither required nor will be taken by this Department.

Note: An officer receiving a citizen request for police presence at the scene of a property damage only traffic collision shall use the criteria established for the reporting of traffic collisions (Manual Section 4/415.05) to determine if a police unit should be dispatched.

415.25 DAMAGE TO UNATTENDED PROPERTY. When the owner or person in possession of property damaged in a traffic collision cannot be located, a CHP, Form 555.03, shall be used to record the following information only:

  • Date and time reported;

  • Date and time of occurrence, if known;

  • Point of impact;

  • Name, address, phone number, and driver's license number of each known party;

  • Year, make, model, color and license number of known vehicles; and,

  • All information known concerning the unattended property.

A copy of the original report shall be given to the reporting party. A copy shall be left in a conspicuous place on the vehicle or other damaged property. No DR number shall be obtained. Field officers shall attach the report to their log. Desk officers shall forward the report to their watch commander. "Unattended PDO T/C" shall be written at the top of the report. The watch commander shall cause all "Unattended PDO T/C" reports to be forwarded to the concerned traffic division.

420. PARTIES AND WITNESSES TO TRAFFIC COLLISIONS.

420.05 INFORMATION TO PARTIES INVOLVED IN TRAFFIC COLLISIONS. An officer conducting an investigation of a traffic collision shall:

Traffic Collision Report CHP, Form 555.03.

  • When practicable, give a copy of the CHP, Form 555.03 (complete or not) to all available parties.

Traffic Collision Information, Form 04.37.00.

  • If no report is taken, or a copy of the CHP, Form 555 is not given, give a 04.37.00 to each party and verify that a correct exchange of information has been made.

  • Leave a 4.37 with Property‑Other parties when no CHP, Form 555 copy is available; e.g., two vehicle or pedestrian parties involved.

Advice on All Traffic Collisions.

  • Refrain from suggesting that insurance rates will be affected by the reporting of the traffic collision.

  • Refrain from indicating to the parties whether the property damage or injuries do, or do not, necessitate a report to the Department of Motor Vehicles as specified in Vehicle Code Section 16000. (Refer the parties to their insurance agents or to the local DMV office.)

  • Refer parties wishing to obtain the Financial Responsibility Report, DMV Form SR1 to an insurance agent, automobile club, the Department of Motor Vehicles, or any police station.

420.10 SOBRIETY OF PARTIES TO A TRAFFIC COLLISION. An officer investigating a traffic collision involving a suspected under‑the‑influence driver shall follow procedures prescribed in Manual Section 4/343.

420.15 ARMED FORCES PERSONNEL INVOLVED IN TRAFFIC COLLISION. When Armed Forces personnel involved in a traffic collision are killed, or are injured to the extent that they require hospitalization, the investigating officer shall notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR). Armed Forces personnel shall include:

  • Regular members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and reservists who are on active duty.

  • Civilian employees of the Armed Forces while acting within the scope of their employment.

420.20 JUVENILES INVOLVED IN TRAFFIC COLLISION. The following information shall be obtained when a juvenile is a party to a reportable traffic collision, or when a provable traffic violation on the part of a juvenile witness is established:

  • Full name and address of natural mother and father, even if divorced; or if deceased, the name only.

  • Name and address of step‑parents.

  • Name and address of legal guardian.

  • Name and address of the juvenile's spouse.

  • Name and address of a person with whom the juvenile is presently living, if other than any of the above.

  • Juvenile's date of birth.

The applicable information shall be included in the appropriate traffic collision report.

420.25 TRAFFIC COLLISION INVESTIGATION. When an on‑duty officer observes or is notified by a citizen of a reportable traffic collision, the officer shall notify Communications Division and request a traffic unit be assigned to investigate the accident. When the officer is assigned to a traffic division, he/she shall notify Communications Division and, if available, investigate the traffic collision. If no traffic collision units are available, or when directed by Communications Division, the officer shall investigate the accident.

420.30 WITNESSING OFFICERS ASSIGNED A TRAFFIC COLLISION INVESTIGATION. When officers who have witnessed a reportable traffic collision (Manual Section 4/415.05) are assigned the investigation they shall:

  • Complete the investigation and reports;

  • List themselves as witnesses and include their statements in the traffic collision report; and,

  • Use the traffic collision report to request prosecution for all violations witnessed by them or disclosed by the investigation.

Exception: A witnessing officer shall complete a Narrative Supplement, Form 556 when the accident involves a Department employee or vehicle (direct or by influence).

Note: Officers witnessing a non‑reportable traffic collision involving a Vehicle Code violation may issue a traffic citation (Traffic Notice to Appear) or take other appropriate enforcement action.

420.35 ASSIGNMENT OF TRAFFIC COLLISION CALL TO NON ‑ WITNESSING OFFICER. When the investigation of a traffic collision witnessed by an officer is assigned to a non‑witnessing officer, the investigating officer shall complete the investigation and, if necessary, the appropriate reports. If a traffic collision report is completed, the investigating officer shall:

  • List the witnessing officer as a witness and include his/her statements in the traffic collision report.

  • Obtain a completed Narrative Supplemental, Form from the witnessing officer when the accident involves a Department employee or vehicle.

Note: If a violation was observed, the witnessing officer may cite or take other appropriate enforcement action, or the investigating officer may use the traffic collision report to request prosecution for violations established by the investigation.

The traffic collision report shall be used to request prosecution of a person other than a driver arrested for misdemeanor driving under the influence when the elements of a traffic violation are established by either:

  • Statements of a competent person; or

  • A combination of statements and physical evidence, when no citation is issued.

Note: A traffic citation shall not be issued by an off‑duty officer involved in or witnessing a traffic collision.

430. TRAFFIC COLLISION INVESTIGATIVE AND REPORTING PROCEDURES.

430.05 REPORTING TRAFFIC COLLISIONS NOT INVESTIGATED AT SCENE. When a report is taken at a location other than at the scene of a traffic collision, a desk officer or other officer assigned shall obtain the reporting person's name and the date and location of the accident. After obtaining this information, the officer shall telephone the Crime and Miscellaneous Reports Section, Records and Identification Division, to determine whether the report is original or supplemental.

Original Report. When the report is an original, the report taken shall be the same as would be taken if the accident had been investigated at the scene (Manual Sections 4/415.10 and 4/415.15).

Note: An accident investigation supervisor shall be contacted for advice prior to completing a Traffic Collision Report when the traffic collision involves death, an alleged traffic felony, a Department employee or vehicle, or any possibility of City liability.

Supplemental Report. When the report is supplemental and a statement of the reporting person is required, the DR number shall be obtained; and the officer shall complete a Narrative Supplemental, CHP Form 556.

430.10 DANGEROUS SUBSTANCES INVOLVED IN TRAFFIC COLLISIONS. When a traffic collision occurs involving radioactive materials, explosives, flammable substances, hazardous chemicals, or other dangerous materials, the officer at the scene shall:

  • Keep all persons and conveyances at a safe distance from the substance, liquid run‑off, or gaseous vapor;

  • Immediately cause Detective Support and Vice Division to be notified in cases involving radioactive materials (Manual Section 4/214.25); and,

  • Request assistance from the Fire Department in cases involving explosives, flammable substances, hazardous chemicals or other dangerous materials. In that request, officers shall provide the following:

    • Type of substance i.e., flammable, toxic, chemical, etc.;

    • Complete chemical name of the substance; and,

    • Whether substance is spilled or leaking.

Note: Caution must be exercised in the use of flares to protect the accident scene. Officers shall evaluate the circumstances to ensure that the flares do not inadvertently act as a source of ignition.

430.25 BICYCLES, ANIMALS, AND TRAINS INVOLVED IN TRAFFIC COLLISIONS. The following are subject to traffic collision reporting requirements in the same manner as motor vehicles:

  • Trains and animals, either ridden or driven, when on a trafficway.

  • Bicycles, when on a roadway or a paved shoulder.

Exception: A traffic collision report is not required in cases involving only the element of a rider falling from a bicycle or animal.

Unattended animals injured or killed when involved with a moving conveyance on a trafficway shall be classified as "property-other."

Non‑trafficway Occurrence. A traffic collision report is not required when a bicycle, animal, or train is involved in a non‑trafficway occurrence unless one of the following is also involved;

  • City property.

  • A moving motor vehicle and the occurrence qualifies as a reportable traffic collision (Manual Section 4/415.05).

430.26 LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY (LACMTA) BLUE, GOLD OR GREEN LINE INVOLVED IN TRAFFIC COLLISION. In the event of a traffic collision (T/C) involving the LACMTA’s Metro Blue, Gold and Green Lines, a field supervisor shall respond and serve as a liaison between LASD and LAPD traffic units. When LAPD traffic units are unavailable, or delayed, any patrol unit may be assigned to initiate the investigation of Metro Blue Line traffic collisions. Commercial freight and passenger rail lines (such as Southern Pacific, Union Pacific, Amtrak, etc.) also operate within the City limits. Calls for service from theses lines will be dispatched to the appropriate Area patrol units.

Note: The Department shall continue to investigate light rail and bus-involved traffic collisions within the City.  Los Angeles County Sheriff’s Department will investigate traffic collisions or other accidents occurring on an LACMTA right-of-way, but not at a street intersection.  

430.30 TRAFFIC VIOLATION INVOLVED. An officer shall complete a traffic collision report when investigation at the scene of a traffic collision establishes a provable traffic offense on the part of any person. The traffic collision report shall be used to request prosecution of a person other than a driver arrested for misdemeanor driving under the influence when the elements of a traffic violation are established by either:

  • Statements of a competent person or persons; or,

  • A combination of statements and physical evidence.

Note: No report is required when a citation is issued for a violation observed by an on‑duty officer and the violation is the only requirement for a report.

430.37 TRAFFIC VIOLATION WITNESSED BY OFFICER AT SCENE OF TRAFFIC COLLISION. An officer issuing a citation (Traffic Notice to Appear) for a traffic violation committed by a person involved in a traffic collision witnessed by the officer shall ensure that:

  • All essential elements of the violation have been observed by the officer; and,

  • No other requirement for a traffic collision report is present.

Note: A traffic citation shall not be issued by an off‑duty officer involved in or witnessing a traffic collision. When applicable, prosecution may be requested by application for complaint or by use of the traffic collision report.

Reporting Procedure. A traffic collision witnessed by an officer does not require a traffic collision report when:

  • A traffic violation committed by a person involved in the traffic collision is the only requirement for a traffic collision report; and,

  • A citation has been issued for the violation.

430.38 DEPARTMENT MOUNTED UNIT INVOLVED IN TRAFFIC COLLISION. Horses being used as part of the Department's Mounted Unit shall be considered as a CPI traffic collision when:

  • The horse is being ridden by an on‑duty officer and its motion causes injury or property damage; or,

  • The horse is being transported between the boarding location and the location where the horse is to be used for City business and it causes or sustains damage or injury.

Note: If the horse is being used in a tactical situation, e.g., crowd control, and it causes injury, only an Injury Report, Form 03.15.00, is required. A deliberate act, i.e., thrown rock, resulting in movement of a horse which causes injury or damage is not a traffic collision. The appropriate crime report shall be completed.

430.40 ILLEGALLY PARKED VEHICLES INVOLVED IN TRAFFIC COLLISION. An investigating officer initiating enforcement for an illegally parked, unattended vehicle involved in a traffic collision shall:

  • Ensure that the violation is not a result of the traffic collision;

  • Issue an absentee parking citation; and,

  • Include the information regarding the citation in the traffic collision report.

Note: When a parking violation is the only requirement for a report and a citation is issued for the violation, a traffic collision report is not required (Manual Section 4/430.37).

430.45 PHOTOGRAPHS AT SCENE OF TRAFFIC COLLISIONS. An officer investigating a traffic collision shall cause photographs to be taken depicting damage or lack of damage, and other pertinent details when:

  • Photographs would be of evidential value; or,

  • Photographs would be of value in the traffic education program; or,

  • City property is involved; or,

  • A fatality or near‑fatality occurs.

When a unit not equipped with a camera is assigned to investigate a traffic collision requiring photographs, a collision investigation unit shall be requested to take the photographs.

430.50 HIT ‑ AND ‑ RUN TRAFFIC COLLISION. An officer shall conduct an investigation and complete an appropriate traffic collision report when a traffic collision results in property damage or personal injury and the elements of hit‑and‑run are indicated.

Broadcasts. An officer at the scene of a hit‑and‑run traffic collision shall, without delay, obtain and broadcast any available description of a hit‑and‑run driver and conveyance when:

  • Hit‑and‑run felony is indicated; or,

  • A hit‑and‑run misdemeanor driver is suspected of being under the influence of an intoxicant; or,

  • Extensive property damage has occurred.

Teletypes. A supervisor shall be contacted regarding the sending of a local teletype when hit‑and‑run is involved. An investigating officer shall contact:

  • A South Traffic Division supervisor when the accident occurred in a South Bureau Area.

  • A Central Traffic Division supervisor when the accident occurred in a Central Bureau Area.

  • A West Traffic Division supervisor when the accident occurred in a West Bureau Area.

  • A Valley Traffic Division supervisor when the accident occurred in a Valley Bureau Area.

430.55 NON ‑ CONTACT TRAFFIC COLLISION. An incident shall be considered a non‑contact traffic collision when it is alleged that an illegal or negligent act of any person not directly involved is the proximate cause of a traffic collision and an independent witness or other substantiates the involvement.

When a hit-and-run driver and/or vehicle has been identified, they shall be listed as a party on page one of the California Highway Patrol (CHP) Form 555, and the hit-and-run box shall be checked if applicable. If the traffic collision is reportable (Manual Section 4/415.05), the suspected person, when known, shall be listed on the traffic collision report as a party. Statements of persons substantiating the non‑contact involvement shall be included in the traffic collision report.

430.60 IMPOUNDING VEHICLE INVOLVED IN TRAFFIC COLLISION. An officer impounding a vehicle involved in a traffic collision shall follow procedures prescribed in Manual Section 4/220.

432. TRAFFIC COLLISION INJURY CLASSIFICATION.

432.10 INJURY CLASSIFICATION - CRITERIA. Traffic collision injuries must be classified as follows:

 

Severe Injury:  A "Severe Injury", which was previously classified as an "A" injury, would include:

 

  • Any serious incapacitating injury requiring hospitalization; other than observation;

  • An injury which prevents the victim from walking or driving;

  • Broken bones, dislocated or distorted limbs (a broken finger would not qualify as a severe injury);

  • Severe lacerations;

  • Unconsciousness at or when transported from the collision; or,

  • Severe burns.

 

Other Visible Injury:  A "Other Visible Injury", which was previously classified as a "B" injury, would include:

 

  • Any visible injury other than a fatal or severe injury;

  • Bruises, discoloration or swelling;

  • Minor lacerations or abrasions; or,

  • Minor burns.

 

Complaint of Pain Injury:  A "Complaint of Pain Injury", which was previously classified as a "C" injury, would include:

 

  • Internal, other non-visible injuries and fraudulent claims of injury;

  • Parties who seem dazed, confused, or incoherent (unless behavior can be attributed to intoxication, extreme age, illness or mental infirmities);

  • Parties who are limping, or complaining of pain or nausea, but do not have visible injuries;

  • Parties who may have been unconscious, as a result of the collision, although it appears they have recovered; or,

  • Parties who say they want to be listed as injured, but do not appear to be injured.

 

Fatal Injury:  An injury that results in death as a result of injuries sustained in a collision, or an injury resulting in death within 30 days of the collision.  The term fatal injury was previously classified as a "K" injury.

 

Note:  The death of a fetus involved in a traffic collision will be documented as a fatal injury if the coroner classifies the injury as a death and attributes the death to the collision.

 

Any injuries listed on the traffic collision report must be restricted to those resulting from the collision.  Any injury sustained prior to, or subsequent to, the collision must be explained in the “Remarks” section of the traffic collision report.

 

432.20 INJURY CLASSIFICATION-RESPONSIBILITY FOR. Injury classification shall be determined by the reporting officer on the basis of information available at the scene of the accident or at the time of the initial follow‑up at a medical facility. Injury classification shall not be changed on any copy of the original traffic report after the report has been distributed.

Note: A field officer who receives a death notification after the distribution of the Traffic Collision Report shall not change the injury classification.

433. COMBINED TRAFFIC COLLISION AND ARREST REPORT.

433.05 TRAFFIC RELATED ARREST - DEFINED. A traffic related arrest is an arrest for which the follow‑up investigation is the responsibility of Traffic Division Collision Investigation Sections (Manual Section 2/535.20).

433.10 REPORTING OFFICER RESPONSIBILITY. Officers conducting a Class I Traffic Collision investigation which results in a traffic-related arrest shall combine the reporting of the incident. The combined traffic collision and arrest report shall consist of:

  • An Arrest Report, Form 05.02.00;

  • A Class I Traffic Collision Investigation, CHP Forms 555, 556, and Municipal Supplement 4.03.1; and, if applicable,

  • A Driving‑Under‑The‑Influence (DUI) Arrest Report Continuation, Form 05.02.05.

Note: Supervisors may approve completion of the arrest and traffic collision reports separately, when unusual circumstances make the use of the combined reporting procedure impractical. When the combined reporting procedure is not used, the traffic collision report and the arrest report shall be approved by the same supervisor.

433.15 COMPLETION OF THE REPORT

Arrest Report. All reports shall be completed in the usual manner except that the Arrest Report, Form 05.02.00, shall be modified as follows:

  • "Combined Traffic Collision/Arrest Report" shall be written in the top right margin.

  • The "Crime Report Box" shall be checked.

  • In the "Victim's Name Box," the name of an injured person other than Party 1 shall be entered.

Note: If there are no injuries, the name of Party 2 shall be entered in the "Victim's Name Box."

  • "See Traffic Collision Report" shall be written in the "Involved Persons Section."

  • The only entries in the "Combined Crime Report Section" shall be "Traffic" in the "Type of Offense Box," and the appropriate information in the "Date and Time Crime Occurred Box."

The DUI Continuation, if used, shall bear the notation "See Traffic Collision Report" in the "Narrative Section."

Arrest Narrative. The arrest narrative shall be written in the "Remarks" heading of the Traffic Collision Report. The circumstances of the arrest will be recorded in the usual manner including headings for:

  • Source of activity;

  • Investigation;

  • Observations;

  • Arrest;

  • Injuries;

  • Booking;

  • Evidence;

  • Photographs; and,

  • Additional Information.

Corrections. Subsequent to the distribution of the report by the Area records unit, corrections shall be made on the Narrative Supplemental CHP, Form 556.

Exception: If the "Charge" indicated on the Arrest Report is to be changed, the Follow‑Up Investigation Form 03.14.00, shall be used.

Numbering Combined Traffic Collision and Arrest Report Pages. The pages of the traffic collision and arrest portions of the combined traffic collision and arrest report shall be numbered separately.

A complete Class I Traffic Collision Report shall be completed and pages numbered in the normal manner.

The arrest report pages shall be numbered as follows:

  • Arrest Report, Form 05.02.00 shall be numbered page 1.

  • When applicable, the Driving‑Under‑ The‑Influence (DUI) Arrest Report Continuation, Form 05.02.05, shall be numbered pages 2 and 3.

Note: Any additional forms such as, the IR 3000 DFC Operator Checklist, Form 05.20.07, or forms associated with Administrative Per Se Order of Suspension shall be attached to the arrest pages and numbered consecutively.

433.20 SUPERVISOR’S RESPONSIBILITY. When the arrest is for a felony, a supervisor from the concerned traffic division shall approve the combined traffic collision and arrest report and all other reports related to the incident. When the arrest is for a misdemeanor, a supervisor from the Area of occurrence may approve the report and any related reports.

Note: If separate reports are completed, both the traffic collision and the arrest report shall be approved by the same supervisor (Manual Section 4/433.10).

Supervisors shall ensure that the combined traffic collision and arrest report is processed as specified in Department Manual Sections 4/415, 4/420, 4/433, 4/440, 5/5.1, and 5/5.2.

435. TRAFFIC DEATHS.

435.05 PROCEDURE AT SCENE OF FATAL TRAFFIC COLLISION. An officer assigned to investigate a traffic collision which resulted in a death shall:

  • Immediately request the communications control operator to dispatch a traffic supervisor. If a traffic supervisor is not available, request a patrol supervisor.

  • Allow no one to search the body, except Coroner's deputies and obtain a receipt from the Deputy Coroner when personal effects are removed from the body.

  • Contact a traffic supervisor for advice before releasing drivers involved in the traffic collision.

  • Cause photographs to be taken of the victim at the scene.

Note: If the deceased died as a result of a traffic collision, officers may search the body for a universal donor's card only. That card is normally attached to or kept with the driver's license.

435.10 REPORTING TRAFFIC DEATHS. The officer originally charged with the investigation of a traffic collision shall be responsible for completing a Death Report, Form 03.11.00, for a death resulting from a traffic collision when the victim is dead at the scene or dies while the officer is on the same tour of duty.

Investigating Officer Not Available. When the officer originally charged with the investigation has reported end of watch, the death report for a death resulting from a traffic collision shall be completed by the concerned bureau accident investigation follow‑up unit.

435.15 NOTIFICATION TO NEXT OF KIN OF DECEASED TRAFFIC VICTIM. The officer assigned to the initial investigation of a fatal traffic collision shall cause the deceased person's next of kin to be notified. Whenever practicable, notification shall be made in person by the investigating officer. If the next of kin lives in another Area, a police unit of that Area shall be requested to make a personal notification. The Coroner shall be requested to make the notification if the deceased person's relatives live outside the City.

Generally, an in-person notification is the preferred method of informing the next of kin of a death. However, circumstances may indicate a need for an alternative method of making such a notification (e.g., telephonically). Officers should use their best judgement in making a determination as to the method of notification to the next of kin of a deceased person.

437. COLLISION INVESTIGATION FOLLOW ‑ UP.

437.10 FOLLOW ‑ UP INVESTIGATING OFFICER'S RESPONSIBILITY. When notified that a traffic collision has occurred, the concerned investigating officer shall determine whether immediate follow‑up investigation is required. When appropriate, he/she shall respond and direct the investigation.

437.20 OFFICER IN CHARGE OF THE COLLISION INVESTIGATION FOLLOW ‑ UP UNIT -RESPONSIBILITY. The officer in charge of a collision investigation follow‑up unit shall forward a roster of on‑call investigating officers to the Administrative Unit, Detective Support and Vice Division, on a weekly basis.

440. CITY PROPERTY ‑ INVOLVED TRAFFIC COLLISION.

440.10 DUTIES OF EMPLOYEES INVOLVED IN TRAFFIC COLLISION. When employees, including members of the Police Reserve Corps, becomes directly involved in or participate in events leading to a traffic collision while operating or riding in a City‑owned vehicle or acting within the scope of their official duties, employees shall:

  • Immediately request a communications control operator to dispatch a collision investigation unit and a supervisor to the scene (Manual Section 3/206).

  • Cooperate with the concerned investigative agency dispatched to the scene. When investigating officers are from an agency other than this Department, Department employee's statements concerning their involvement shall only include their personal identification, registration information for the vehicle they are in, and a description of their direction of travel. Information relating to the conduct of Department employees shall be regarded as confidential for the use of the City Attorney. Complete statements as to the identity, actions, and statements of persons other than Department employees may be made.

  • Comply with local ordinances and Vehicle Code provisions relating to traffic collisions.

  • Complete a Narrative Supplemental CHP, Form 556.

Note: An officer involved in a CPI traffic collision shall use the address and telephone number of his/her area of assignment in the completion of the Traffic Collision Report.

Accident Occurring Outside the City. When the accident occurred outside the City and a Los Angeles Police Department accident investigation unit is not dispatched to the scene, the involved employee shall:

  • Complete the necessary traffic collision reports upon his return to the City; and,

  • Notify the Liability Section, City Attorney's Office, when the accident results in injury, death, or serious property damage. When it is impractical to notify the City Attorney's Office, the notification shall be made to the Watch Commander, Detective Support and Vice Division, who shall notify the watch commander at the employee's Area of assignment and the City Attorney's Office.

440.20 ADVISING OTHER PARTIES WHEN DEPARTMENT EMPLOYEE INVOLVED IN TRAFFIC COLLISION. When an employee is involved in an accident with a person not a member of this Department, the employee shall urge the person to remain at the scene of the accident until the arrival of a collision investigation unit. If the person insists upon leaving the scene, the employee shall obtain:

  • The person's name and address.

  • The location where he/she may be interviewed.

  • The license number of his/her vehicle.

  • The number of his/her driver's license or other valid identification.

440.25 INVESTIGATING OFFICER'S DUTIES WHEN CITY PROPERTY INVOLVED IN TRAFFIC COLLISION. An officer conducting an investigation at the scene of a City‑property‑involved traffic collision shall:

  • Request that a supervisor be dispatched to the scene, if none has been requested, when the accident involved Department‑owned or operated equipment, or a Department employee (Manual Section 3/206).

  • Notify a supervisor when the accident involves on‑duty Department personnel and death or serious injury result to any involved person.

  • Take photographs depicting the extent of damage or lack of damage, and other pertinent details.

  • Complete the necessary reports.

Note: The Traffic Collision Report, CHP, Form 555, shall be processed as an internal report only (similar to an Employee’s Report, Form 15.07.00) when:

  • There are no injuries;

  • All vehicles and "property other" parties involved are owned by the City of Los Angeles;

  • The accident involves minor property damage (small dents or paint transfer) only; and,

  • A supervisor's approval has been obtained.

  • Include seat belt information.

  • Ensure that the traffic reports are marked "CPI."

Notify the Liability Section, City Attorney's Office, by telephone when the accident results in an injury, no matter how slight, to a person other than a City employee.

Exception: The City Attorney's Office need not be contacted when property of the Department of Airports, Harbor Department, or Department of Water and Power is the only City property involved in a traffic collision.

Investigation Criteria. A Class II (Manual Section 4/415.07) City-property-involved traffic investigation may be conducted where there is property damage between a City vehicle and a parked, unattended vehicle or any other property when the following criteria are met.

  • There is a minor property damage only;

  • There are no injuries;

  • A traffic supervisor has been called to the scene and has given approval for a Class II investigation;

  • Photographs depicting the extent of damage or lack of damage and other pertinent details are taken; and,

  • Party and/or witness statements are included in the narrative.

Exception: When the party and/or witness is an on-duty employee or on-duty Police Reserve Officer all statements shall be included on the Narrative Supplemental, CHP Form.

Note: The approving supervisor's name and serial number shall be included in the narrative of the Class II report.

On‑Duty Officer Involved in Traffic Collision. When an on‑duty peace officer or firefighter operating an authorized emergency vehicle is involved in a traffic collision, the investigating officer shall complete the "Special Conditions" box, CHP, Form 555, by including the following information:

  • The officer's or firefighter's vehicle involvement number, i.e., V‑1 or V‑2, etc., and,

  • The words "on‑duty, emergency vehicle" (abbreviate if necessary).

Supervisor’s Responsibility: The supervisor approving an on‑duty peace officer involved traffic collision report shall ensure that the information in the Special Conditions box is completed prior to approving the report.

Note: For the purposes of reporting, an Authorized Emergency Vehicle is any State or municipally‑owned vehicle operated by an on‑duty peace officer or firefighter in the performance of his/her duty.

440.26 CORRECTIONS TO OFFICERS' DRIVING RECORDS EMPLOYEE - RESPONSIBILITY. A sworn employee whose driving record improperly reflects an on-duty traffic collision may correct the error by completing an Employee's Report, Form 15.07.00, and submitting it to his/her supervisor for approval.  The form 15.07.00 shall contain:

  • The sworn employee's full name, serial number, division of assignment and California driver's license number;

  • The date and location of traffic collision in question; and,

  • The Division of Records (DR) number for the reported traffic collision.

Watch Commander/Supervisor’s  Responsibility. The watch commander or supervisor reviewing the Employee's Report, Form 15.07.00, shall review the report for completeness and ensure the report is forwarded to the Fleet Safety Coordinator, Traffic Coordination Section.

Fleet Safety Coordinator/Traffic Coordination Section Responsibility. The Fleet Safety Coordinator, Traffic Coordination Section, shall verify the traffic collision occurred on-duty, shall assist the sworn employee with compiling any required documentation and will initiate all related correspondence to DMV.

440.27 CPI TRAFFIC COLLISIONS ON CITY FREEWAYS. Communications Division will be notified by the CHP when a CPI traffic collision has occurred on a freeway within the City. Department personnel assigned to investigate the accident shall cooperate with the CHP investigators at the scene but shall maintain the confidential nature of the Department reports.

440.45 REPORTING DEPARTMENT EMPLOYEE TRAFFIC COLLISIONS TO THE DEPARTMENT OF MOTOR VEHICLES. When an employee, including a member of the Police Reserve Corps, becomes involved in a traffic collision while operating a City‑owned or mileage vehicle, the employee shall not submit reports to DMV regarding financial responsibility. Employees receiving correspondence from DMV concerning a traffic collision shall forward the correspondence, without entries, to the Chief Investigator, Liability Section, City Attorney's Office.

440.50 NOTIFYING CITY ATTORNEY WHEN CITY PROPERTY INVOLVED IN TRAFFIC COLLISION. Notification to the Liability Section, City Attorney's Office, shall include:

  • Names of employees involved, and their assignments;

  • Locations at which employees can be reached;

  • Names of other persons involved;

  • A description of the accident and the investigation;

  • The identity of persons injured, and the extent of injuries; and,

  • The type and extent of property damage.

When the Liability Section is closed, the City Hall switchboard operator shall be requested to transfer the call to the home of the person designated by the City Attorney to receive such calls. The date and time that the notification was made and the name of the person notified shall be included in the traffic collision report.

BOOKING, CUSTODY AND DISPOSITION OF PROPERTY

501. AUTOMATED PROPERTY INFORMATION MANAGEMENT SYSTEM (APIMS).  Back to top

501.10 APIMS. The Automated Property Information Management System (APIMS), is the system used for the booking, tracking, and disposal of property.

501.20 APIMS CONFIDENTIALITY. For those instances which require the booking of property to be confidential, the booking officer shall include the words, “Confidential Booking,” in large letters on the first line of the Property Report, Form 10.01.00. Access to any confidential booking information is restricted to Property Division personnel and the concerned investigating unit’s Property Disposition Coordinator.

505. PROPERTY CLASSIFICATIONS.

505.10 CLASSIFICATIONS OF PROPERTY. Items entered into the Department property system shall be classified as follows:

  • Evidence-items which are or may be related to a crime, or which may either implicate or exonerate a person.

  • Excess Personal Property-non‑evidentiary personal property of an arrestee which cannot be packaged in a prisoner's property package or purse.

  • Non‑evidence-property other than evidence or excess personal property.

505.15 CLASSIFICATIONS OF ANALYZED EVIDENCE. Evidence booked into the Department's property system are be classified as follows:

  • Analyzed Evidence ‑ Shelf Storage - evidence, other than narcotics, that does not require climate-controlled or cold storage such as Gunshot Residue (GSR) kits.

  • Analyzed Evidence - Climate-Controlled Storage - All evidence, other than narcotics, that does not require cold storage including dried biological samples (dried blood/semen/saliva on swabs/fabric or other surfaces).

  • Analyzed Evidence ‑ To Be Refrigerated - Liquid blood and urine samples [except for the urine sample from the Sexual Assault Evidence Kit (SAEK)].

  • Analyzed Evidence ‑ To Be Frozen - Anything that cannot be dried, the SAEK and the urine sample from the SAEK..

Note:  The urine sample from the SAEK which is removed and placed inside a Los Angeles County/City, Sexual Assault Evidence - Urine Sample envelope, must be packaged separately in an Analyzed Evidence - To Be Frozen Envelope, Form 12.51.02, and booked into frozen storage.

Exception: Sexual Assault Evidence Kits, once analyzed and found to be negative, must be stored in climate-controlled storage.

  • Analyzed Evidence-narcotics.

505.20 RECLASSIFICATION OF NON - EVIDENCE. Non‑evidence may be reclassified to evidence by completion of a Follow‑up Report, Form 03.14.00.

Note: Additional property may not be booked on a Follow‑up Report, Form 03.14.00.

510. BOOKING PROCEDURE.

510.10 BOOKING EVIDENCE AND NON ‑ EVIDENCE - GENERAL. The employee seizing or taking custody of evidence must ensure it is properly booked without unnecessary delay.

All property which is to be booked must be inventoried and listed on the Property Report, Form 10.01.00. The employee seizing or taking custody of a closed container must open the container prior to booking and conduct an inventory search if its contents cannot be determined from examining its exterior. Evidence may only be booked by a sworn employee, a Police Service Representative in the course of his/her official duties, a detention officer assigned to Jail Division, or a civilian employee conducting specialized investigative work. Responsibility for booking evidence may be assumed by the detective or the civilian investigative specialist at the scene.

Employees must book only the quantities of evidence necessary for case prosecution. In instances when the rightful ownership of property can be readily determined, and case prosecution will not be jeopardized, the property must be returned to the owner. When appropriate, employees must utilize photographs in lieu of actual evidence.

Note:  If there is a question as to whether or not photographs will suffice in lieu of actual evidence items, the booking employee should seek the advice of a supervisor or the concerned detective.

Non‑evidence will not be booked into a Department storage facility unless circumstances necessitate booking of the property.

The employee seizing or taking custody of property must issue a Receipt for Property Taken into Custody, Form 10.10.00 (duplicate copy), to the person relieved of the property (Manual Sections 4/645.20 and Section 10.10.00, accessible within the "Form Use" link, on LAPD E-Forms on the Department's Local Area Network).  Prior to releasing the duplicate copy of the Form 10.10.00 to the person being relieved of the property, the following information must be redacted (e.g., blacked/scratched-out or deleted):

 

  • All information except the last two numbers of a credit card(s);

  • All information except the last two numbers of bank account number(s);

  • Driver’s license information;

  • Passport information;

  • Social Security number(s); and,

  • Any personal information that can be reused for an identity theft crime.

 

The redacted copy must be provided to the person(s) being relieved of the property.  If officers are unsure of whether or not to redact certain information, or what portion of the information to redact, advice should be sought from the concerned Area detectives or watch commander.

 

The original of the form 10.10.00 must be included as a page of the original Property Report, Form 10.01.00; Release From Custody (RFC) Report Continuation, Form 05.02.08; or Arrest Report, Form 05.02.00, when evidence to be booked is listed.

 

Evidence and non-evidence must not be stored in the personal possession of any employee, except certain forgery-related evidence (Manual Section 4/570.20).  One copy of the Property Report, Form 10.01.00, or Release From Custody Report Continuation, Form 05.02.08; or Arrest Report face sheet, Form 05.02.00, must accompany the property when booked.

 

Exception:  Two copies must accompany narcotics or firearm bookings.

It is not necessary to issue the Form 10.10.00 for blood and urine samples or biological smear specimens taken from an arrestee or the victim of a crime, nor is it necessary to include these items on a Form 10.10.00 used to list other property taken from an arrestee or victim.

When the finding of non‑evidence is reported and the finder refuses to relinquish custody of the property to the Department, the interviewing employee will complete a Property Report, Form 10.01.00, and make a notation on the report that the property is in the possession of the finder.

Note: The assigned detectives (Manual Section 4/790.) must ensure that the finder has complied with laws governing found property (Civil Code 2080.3; Penal Code 485).

The employee booking property must, if circumstances permit, check identifiable property against the Automated Property System and provide information regarding any reported stolen property in the reports. The booking employee must notify each detective division handling a case involving the booked property by completing the "Extra Copy To" portion of the reports to ensure notification and report distribution to each detective division.

Note: When an employee recovers property from an area containing more than one person (i.e., cell, holding tank, etc.), the employee must ensure that the detective division responsible for each arrestee is notified using the above-referenced procedure.

Investigative officers within the booking employee's Area should confer with any other entity handling a case involving the booked property to determine responsibility for disposition of the property.

Note: Booking employees must continue to check all firearms against the Automated Firearms System (Manual Section 4/540.30) and attach a copy of the printout to the appropriate report.

510.12 BOOKING ANALYZED EVIDENCE - GENERAL. Evidence to be transported to SID for analysis shall be placed into the SID Courier temporary storage locker.

Exceptions:

  • Items too large for temporary storage lockers;

  • Narcotics seizures in excess of 30 pounds net weight (Manual Section 4/540.75);

  • Explosives not considered safe (Manual Section 4/540.20);

  • Hazardous chemicals or materials including nitrous oxide samples.  (Manual Section 4/212.49);

Note: Compressed gas cylinders shall be booked at Central or Valley Property Sections.

  • Toluene-soaked rags or other evidence open to the air requiring special handling (Manual Section 4/515.10); and,

Note: During hours when SID is closed, employees requiring evidence handling or storage advice shall telephonically contact an SID criminalist via Detective Support and Vice Division (DSVD).

  • Any amount of PCP in a container one-half gallon or larger or a total of one-half gallon or more of PCP (Manual Section 4/540.72).

These lockers shall not be used for temporary storage of evidence to be booked into the Area property room.

Booking Employee's Responsibility. An employee booking all types of evidence to be analyzed shall:

  • Dry articles with possible Deoxyribonucleic Acid (DNA) and /or forensic evidence in the Evidence Drying Cabinet (EDC) if necessary. (Manual Section 4/525.21)

Note: Only one item at a time shall be placed in an EDC compartment.

  • Record appropriate information on all required envelopes or tags.

  • Place the evidence in the correct classification of Laboratory and Analyzed Evidence Envelope, or tag correctly.

Note: Evidence requiring freezer storage shall be placed into the SID courier temporary storage freezer within six (6) hours after being obtained.

  • Seal the Analyzed Evidence Envelope with a red Analyzed Evidence Seal, Form 10.12.07, over each flap of the required envelope and long the center seam. If the item to be analyzed is in a carton, box, or wrapped, the seams shall be secured with adhesive tape. Two separate continuous pieces of tape running the length and width of the package shall be used. An Analyzed Evidence Seal shall be placed on the top surface where the tape ends meet (Manual Section 4/535.07). The Property Booking Guide contains additional information.

Note: The packaging of any item which only requires latent print analysis shall be clearly marked "Hold for Prints" and booked into a Property Division facility, Area property room, or Area property room interim storage if the property room is closed. If an investigating officer determines that fingerprint analysis is required, a telephonic request for the analysis shall be made to SID. Scientific Investigation Division shall make arrangements with Property Division for the SID courier to transport the item for analysis.

Following supervisory approval of packaging and related reports, the booking employee shall:

  • Place the evidence and reports into the appropriate SID courier temporary storage locker; and,

Note:  Entry into any of the SID temporary storage lockers is restricted to an on-duty supervisor and shall be witnessed by another sworn employee.

  • Complete the Analyzed Evidence Control Log.

Note: Personnel assigned to specialized divisions or sections shall use Area SID courier temporary storage locker facilities. Specialized division personnel shall notify the Area watch commander prior to placing any property in the storage locker. If there is insufficient space in the SID courier temporary storage locker, or if distance precludes use of Area facilities, evidence shall be taken directly to the Evidence Control Unit (ECU) for booking. When the ECU is closed, such evidence shall be transported to Central or Valley Property Sections.

Supervisor's Responsibility. The supervisor reviewing the evidence to be analyzed shall:

  • Ensure the evidence is properly packaged and, if a firearm, properly cleared;

  • Place all evidence to be analyzed into the SID courier temporary storage locker and secure the locker;

  • Review related reports for accuracy of completion; and,

  • Upon approval of packaging and reports, sign the Analyzed Evidence Control Log signifying readiness of the evidence for courier pick up and analysis.

Watch Commander's Responsibility. The watch commander of an Area or facility with SID courier temporary storage lockers shall:

  • At the start of each watch, inventory any evidence in the SID courier temporary storage locker to ensure that the contents correspond with the Analyzed Evidence Control Log and immediately reconcile any discrepancies;

  • Remove evidence from the SID courier temporary storage locker as requested by the SID courier;

  • Ensure that any booking irregularities identified by the courier are immediately corrected by on-duty Area personnel, and Follow-up Investigation, Form 03.14.00, is completed when appropriate;

  • Retain a copy of the Analyzed Evidence Control Log after it has been reviewed and signed by the SID courier;

  • When the Area property room is closed, accept any transferred evidence from the SID courier and place it in the Area property room interim storage locker; and,

  • Accept and appropriately store any evidence submitted by Property Division personnel for transfer to SID or any other Property Division facility.

Investigative Personnel's Responsibility. Concerned investigative personnel shall make a telephonic request to SID for evidence analysis as soon as it becomes apparent that the evidence will be needed to further the case investigation or prosecution. Items being held only for latent print analysis shall be booked directly into a Property Division facility, Area property room, or Area property room interim storage if the property room is closed and will only be processed upon the request of the investigating officer to SID.

Commanding Officer's Responsibility. Area commanding officers shall ensure that secure, separate, and proper SID courier temporary storage lockers are maintained on station premises to accommodate storage of evidence to be analyzed, including evidence requiring shelf, refrigerator, or freezer storage.

Note: The Commanding Officer, Property Division, shall maintain SID courier temporary storage lockers at Central and Valley Property Sections.

Courier's Responsibility. The SID courier shall pick up and deliver to SID evidence to be analyzed and other items, as appropriate. Upon arriving at an Area station, the courier shall:

  • Request that the on-duty watch commander remove all evidence to be analyzed from the SID courier temporary storage locker;

  • Verify evidence to be analyzed has been properly reported, packaged, and stored;

Note: Observed deficiencies shall be brought immediately to the attention of the watch commander and corrective action taken by on-duty Area personnel.

  • Verify two copies of the completed Property Report, Form 10.01.00, and/or Arrest Report, Form 05.02.00, face sheet accompany each narcotics, blood, urine, firearms, or analyzed evidence booking;

  • Provide a signed copy of the Analyzed Evidence Control Log to the watch commander;

  • Deliver property and reports which are being transferred from SID to the Area property room;

Note: The property, a copy of the Property Report, and the Property Transfer Record, Form 10.02.00, shall be placed in the Area property room interim storage locker if the Area property room is closed.

  • Promptly deliver evidence to be analyzed to the ECU for booking into the Automated Property Information Management System (APIMS); and,

  • Deliver other items which were picked up, e.g., narcotics reports, to the appropriate location along the courier route.

Property Officer's Responsibility. Central and Valley Property Sections shall be responsible for maintaining SID courier temporary storage lockers for items requiring analysis. Central and Valley Property Sections' property officers shall complete the appropriate entry on the Analyzed Evidence Control Log.

When an item is being transferred from a Property Division facility to SID for analysis, i.e., latent prints, the property officer shall include with the evidence a copy of the Property Report, along with a Property Transfer Record, and submit the item to the watch commander for placement in the appropriate SID courier temporary storage locker. When preparing evidence for return to Area property rooms, the ECU officers shall include a copy of the Property Report and a Property Transfer Record with the evidence being returned.

Each Area has three lockers used by officers and detectives for the temporary placement of items to be transported for analysis to SID by courier unit personnel. They are the narcotics/shelf storage locker, the refrigerator, and the freezer. The narcotics locker and the shelf storage locker are synonymous.

Note: The packaging of any item which only requires latent print analysis shall be clearly marked "Hold for Prints" and booked into a Property Division facility, Area property room, or Area property room interim storage if the property room is closed. If an investigating officer determines that fingerprint analysis is required, a telephonic request for the analysis shall be made to SID. Scientific Investigation Division shall make arrangements with Property Division for the SID courier to transport the item for analysis.

Following supervisory approval of packaging and related reports, the booking employee shall:

  • Place the evidence and reports into the appropriate SID Courier temporary storage locker; and,

Note: Entry into any of the SID temporary storage lockers is restricted to an on-duty supervisor and shall be witnessed by another sworn employee.

  • Complete the Analyzed Evidence Control Log.

Note: Personnel assigned to specialized divisions or sections shall use Area SID courier temporary storage locker facilities. Specialized division personnel shall notify the Area watch commander prior to placing any property in the storage locker. If there is insufficient space in the SID courier temporary storage locker, or if distance precludes use of Area facilities, evidence shall be taken directly to the Evidence Control Unit (ECU) for booking. When the ECU is closed, such evidence shall be transported to Central or Valley Property Sections.

510.20 BOOKING HIGH - VALUE PROPERTY. HIGH-VALUE PROPERTY - DEFINED. "High-value" property is any individual item (except those reported on a Vehicle Report, CHP Form 180) valued at $5,000 or more. The value of the property may be based on personal knowledge, expertise listing the property value, or statements made by the victim or person reporting.

Officer's Responsibility. When an officer seizes or takes into custody high-value property, the concerned officer shall:

  • Attempt to determine the true owner of the property. This can be accomplished through statements of the victim or person reporting, receipts and ownership documents or serial numbers of other markings on the property itself;

Note: The owner may or may not be the same as the victim, person reporting, person in possession, or arrestee.

  • Ensure the property is packaged or labeled and secured;

  • Transport the property and all other associated property to Central Property Section or Valley Property Section, Property Division, for booking;

  • Ensure the property is booked without unnecessary delay;

  • When completing a Property Report, Form 10.01.00, place the letters "HV" under the miscellaneous column next to the item description. The true owners information, if available, shall be entered in the space provided for owner information; and,

  • When completing a Investigative Report (IR), Form 03.01.00, or Arrest Report, form 05.02.00, the letters "HV" shall be placed under the miscellaneous column next to the item description. The true owner’s information, if available, shall be listed in the "Involved Persons" section denoted by the code “TO” if the true owner is different than the victim or person reporting.

Note: If the true owner of a high-value item cannot be identified or is the same as the victim or person reporting, a statement indicating such shall be included in the narrative portion of the IR, Arrest Report or Property Report.

Investigating Officer's Responsibility. Upon receiving a IR, Arrest Report or Property Report listing high-value property without the true owner's information, the investigating officer shall conduct a follow-up investigation to determine the true owner.

Upon receiving information from the Property Disposition Coordinator that a high-value item is available for release, the investigating officer shall:

  • Notify the true owner telephonically;

  • Have the Property Disposition Coordinator input complete and accurate release instructions into the Automated Property Information Management System (APIMS); and,

  • Document all efforts to contact the high-value property owner on the follow-up Investigation, Form 03.14.00.

Note: If the true owner of the high-value item available for release cannot be determined, the investigating officer shall have the Property Disposition Coordinator input complete and accurate disposition instructions into APIMS.

Property Officers' Responsibility. Property officers at Central Property or Valley Property Sections of Property Division who accept high-value property for booking shall:

  • Verify the value or estimated value of the property being booked in the presence of the booking officer;

  • Ensure the property information is input into APIMS as high-value;

  • Ensure the letters “HV” have been noted on the appropriate forms;

  • Notify a Property Division supervisor of the high-value property being booked; and,

  • Have the property booked into the property room safe or other appropriate location.

510.40 PROPERTY REMOVED FROM RECOVERED VEHICLE. Property removed from a recovered vehicle shall be booked as evidence.

Exception: Property of no evidentiary value known to be the personal property of the arrestee (Manual Section 4/645.20).

510.50 BOOKING OF EXCESS PERSONAL PROPERTY OF ARRESTEE (Manual Section 4/645.20).

510.60 PROPERTY IMPROPERLY PRESENTED FOR BOOKING. A property Officer shall inspect all evidence and non‑evidence submitted for booking to ensure the property is:

  • Properly packaged;

  • Identified correctly; and,

  • Accurately described on the report.

Property will not be accepted until the deficiencies are corrected.

Note: The watch commander shall inspect all narcotics evidence submitted for booking and shall ensure the property is properly packaged, identified, and stored in the Area's interim storage area. The watch commander shall cause the evidence to be transferred to Central or Valley Property Section (Manual Section 4/515.30).

515. LOCATION OF BOOKING.

515.10 LOCATION BOOKED - GENERAL. Evidence and non‑evidence must be booked in the Area of occurrence. When the Area property room is closed, the property must be properly packaged and identified, and stored in an interim storage area as designated by the Commanding Officer, Property Division.

Exceptions:

  • Employees working in, or assigned to, a division located within Central Area may book property directly into Central Property Section, regardless of the Area of occurrence.

  • Employees working in, or assigned to, Van Nuys Area may book property directly into Valley Property Section regardless of the Area of occurrence.

  • Narcotics and evidence to be analyzed must be booked into the appropriate SID courier temporary storage locker and transported to Property Division by the courier (Manual Section 4/515.30).

  • Emergency Services Division personnel must book and store, in designated storage areas, explosives not considered "safe" (Manual Section 4/540.20).

  • Evidence connected with Commercial Crimes Division investigations (Manual Section 4/515.20).

  • Evidence connected with Burglary Special Section, Commercial Crimes Division investigations (Manual Section 4/515.25).

  • Evidence related to a child abuse investigation that is the responsibility of the Abused Child Section, Police Administration Building, must be booked at Property Division (Manual Section 4/604.19).

  • Evidence related to a child abuse investigation that is the responsibility of the Abused Child Section, Valley Section, must be booked at Valley Property Section (Manual Section 4/604.19).

  • Property requiring analysis or comparison by Scientific Investigation Division (Manual Section 4/515.30).

  • Narcotics‑stained currency which is held for checking by the Gang and Narcotics Division K-9 Detail must be booked at Central or Valley Property Sections.

  • Toluene‑soaked rags and other evidence open to the air requiring special handling must be booked at Central or Valley Property Section.

515.20 LOCATION BOOKED - COMMERCIAL CRIMES DIVISION INVESTIGATING. When evidence is seized related to a Commercial Crimes Division investigation (Manual Section 2/480.05) including counterfeit or altered currency, and no arrest is made, the evidence shall be booked in the Area where it was taken into custody.

Note: Property Division shall transfer the evidence to Central Property Section or Valley Property Section within 30 calendar days of the date the evidence was booked.

If an arrestee is in custody related to a Commercial Crimes Division investigation, and evidence is seized, the evidence shall be booked directly into Central Property Section or Valley Property Section.

Exceptions:

  • Evidence seized in West Los Angeles or Pacific Areas shall be booked into West Los Angeles Property Section.

  • Evidence seized in Harbor Area shall be booked into Metro Property.

515.25 LOCATION BOOKED ‑ BURGLARY SPECIAL SECTION INVESTIGATING. When an arrest is made, evidence connected with a Burglary Special Section, Burglary Special Unit, investigation (Manual Section 2/480.56) shall be booked directly into Central Property Section or Valley Property Section.

Exceptions:

  • Evidence seized in West Los Angeles or Pacific Areas shall be booked as follows: Male, or combination male and female arrestee‑booked into the Area of occurrence. Female arrestee‑booked at Valley Property Section.

  • Evidence seized in Harbor Area shall be booked into Harbor Property Section.

Note: Evidence in a case involving only juvenile arrests shall be booked in the Area of arrest. If a case involves both adult and juvenile arrestees, the evidence shall be booked as though only an adult were involved.

515.30 LOCATION BOOKED - EVIDENCE TO SCIENTIFIC INVESTIGATION DIVISION. Evidence to be examined by Scientific Investigation Division (SID), shall be booked into the SID courier system at the Area location most convenient to the booking employee. The request for analysis shall be made to SID by the investigating officer. The evidence shall be placed in the appropriate locker:  Narcotics/shelf, refrigerator, or freezer.

Exceptions:

  • Items too large for temporary storage lockers;

  • Narcotics seizures in excess of 30 pounds net weight (Manual Section 4/540.75);

  • Explosives not considered "safe" (Manual Section 4/540.20);

  • Hazardous chemicals or materials (Manual Section 4/212.49);

Note: Compressed gas cylinders shall be booked at Central or Valley Property Sections.

  • Toluene-soaked rags or other evidence open to the air requiring special handling (Manual Section 4/515.10); and,

Note: During hours when SID is closed, employees requiring evidence handling or storage advice shall telephonically contact an SID criminalist via Detective Support and Vice Division (DSVD).

  • Any amount of PCP in a container one-half gallon or larger or a total volume of one-half gallon or more of PCP (Manual Section 4/540.72).

These lockers shall not be used for temporary storage of evidence to be booked into the Area property room.

520. PROPERTY - TO WHOM BOOKED.

520.10 EVIDENCE BOOKED TO ARRESTEE. When evidence is known to be related to previously booked evidence, it shall be booked to the same person under the same DR number as originally reported. Item numbers shall start with the next sequential number from the original report. If not related to previously booked evidence, evidence shall be booked to the arrestee whether seized at the time of arrest or subsequent thereto. When two or more persons are arrested at the same time and place, all evidence shall be booked to one arrestee whose name shall appear in the space provided on the Property Report, Form 10.01.00, or Release from Custody (RFC) Report Continuation, Form 05.02.08. Names and information regarding other arrestees and evidence shall appear in the narrative of the report. The report shall designate from whom the various items were seized.

If no arrest has been made, the evidence shall be booked to the victim.

If there is neither an arrestee nor a victim, evidence shall be booked to the owner or possessor of the evidence.

If there is neither an arrestee, victim, owner, nor possessor associated with the evidence, it shall be booked to the Department employee booking the property.

Note: Possessor shall be defined as someone other than an owner in possession of evidence which is being taken into police custody. Possessor may include the finder of evidence.

520.20 NON‑EVIDENCE BOOKED TO OWNER. Non‑evidence shall be booked to its owner. If ownership cannot be determined, it shall be booked to the finder.

Exception: When non‑evidence is removed from a vehicle, and the owner of the property is unknown, it shall be booked to the registered owner of the vehicle. When neither is known, it shall be booked to the employee.

520.30 BOOKING PARKING METERS. Parking meters or their parts or contents, which are booked as non‑evidence, shall be booked to the Department of Transportation, City of Los Angeles. (Notification to Desk Officer- Manual Section 4/372.28).

525. PRESERVING PROPERTY.

525.10 PRESERVING PROPERTY - GENERAL. All property shall be protected from contamination, alteration, destruction, and damage. Employees taking custody of property which they do not know how to preserve shall obtain assistance from Scientific Investigation Division.

525.20 PRESERVING WET STAINS. Items containing wet blood, semen, or chemical stains shall be permitted to dry in the Evidence Drying Cabinet (EDC) before packaging. Plastic containers or plastic wrap shall not  be used as a packaging material.

525.21 PRESERVING / DRYING DNA AND/OR FORENSIC EVIDENCE WITH THE EVIDENCE DRYING CABINET. Evidence possibly containing DNA  and /or forensic evidence will be placed into the EDC until dried. Officers who are unable to utilize the EDC because it is full or the evidence cannot be placed into the EDC (i.e.,  large, irregular sized items), shall contact SID for advice.  Only one item at a time shall be placed in the EDC compartment.

Note:  The EDC locker is equipped with a key lock, which shall remain locked unless officer(s) are placing evidence into, removing evidence from or cleaning the EDC. In cases where there is no potential for an exchange of DNA between the victim and suspect (i.e., a hit and run, or drive by shooting) an EDC shall not be used.

OFFICER'S RESPONSIBILITIES.  An officer booking evidence to be dried in an EDC shall:

  • Obtain watch commander W/C or detective supervisor approval for booking evidence into the EDC and have them initial the EDC log;

  • Obtain the EDC key from the W/C or detective commanding officer (C/O), or his/her designee;

  • Complete the EDC Log;

  • Wear the appropriate protective equipment prior to handling the evidence being booked;

  • Place a clean sheet of butcher paper on the bottom of the EDC to capture any loose evidence;

  • Place the collected evidence into the EDC;

  • Turn on the EDC;

  • Dispose of the used protective equipment;

  • Leave a copy of the corresponding Investigative Report with the listed evidence on the front of the EDC door;

  • Return the key to the W/C or detective C/O, or his/her designee; and,

  • Notify the W/C or detective C/O if the EDC is not in working order.

Note:  If an officer booking evidence in the EDC becomes aware that the items are now fully dry and the assigned Investigating Officer (I/O) is not on-duty, the officer shall complete the duties of the Investigating Officer.

INVESTIGATING OFFICER'S RESPONSIBILITIES.  Upon being assigned an investigation that involves evidence that is in an EDC, the assigned I/O shall:

  • Obtain the EDC log from the W/C, detective C/O, or his/her designee;

  • Obtain W/C detective supervisor approval for removing evidence from the EDC;

  • Obtain the EDC key from the W/C or detective C/O, or his/her designee;

  • Wear the appropriate protective equipment;

  • Determine if the evidence is dry and ready for booking (articles may take approximately 12-48 hours to dry);

  • Remove and book all dried evidence, including the butcher paper;

  • Turn off the EDC;

Note:  Prior to turning off the EDC, officer(s) shall spray the inside of the EDC with the hospital grade biocide provided by SID.

  • Clean the EDC;

Note:  Once the EDC is turned off, officer(s) shall use the hose attached to the EDC and wash the inside of the EDC (do not spray water into the filter).

  • Dispose of the protective equipment;

  • Return the key to the W/C or detective C/O, or his/her designee; and,

  • Notify the W/C or detective C/O if the EDC is not in working order.

WATCH COMMANDER'S RESPONSIBILITIES. 

  • Maintain the EDC log during off hours;

  • Liaise with the detective C/O to maintain the key in a secure location;

  • Approve all usage of the EDC, including g oversight;

  • Ensure that each time an officer places evidence into, removes evidence from, or cleans the EDC, a log entry is recorded;

  • Initial the log after each entry is completed;

  • Notify the geographic Area Detective Commanding Officer (C/O) when new items of evidence are drying in the EDC; and,

  • Note any malfunctions to the EDC on the W/C’s Daily Report, Form 15.80.00 and contact SID for assistance.

DETECTIVE COMMANDING OFFICER'S RESPONSIBILITIES.  The Detective C/O shall liaison with the

W/C and ensure evidence left for drying in the EDC is removed an booked.  The Detective C/O shall also: 

  • Ensure the EDC is available for use;

  • Select an EDC Coordinator who will be responsible to maintain the completed EDC logs and monitor for compliance;

  • Ensure the W/C, or his/her designee, maintains the key in a secure location and the EDC log during off hours;

  • If applicable, assign an I/O to cases involving evidence placed into an EDC in which their division has investigative responsibility; and,

  • Ensure the EDC is cleaned and maintained.

SCIENTIFIC INVESTIGATION DIVISION'S RESPONSIBILITIES.  In addition to transporting and analyzing evidence, SID shall:

  • Provide six and twelve month EDC filter maintenance;

  • Ensure cleaning solution is made available to all geographic Areas;

  • Liaison with Facilities Management Division for repairs to the EDCs; and,

  • When needed, provide advice for booking large or irregular sized items into the EDC.

525.28 HANDLING OF FORGED/FRAUDULENT DOCUMENTS. When a Investigative Report is made for forgery or Identity theft, the DR number shall be typed or written in ink in the upper right corner of the face of the document without interfering with markings already present. If this is not practicable, place the document(s) in a manila envelope, and print the DR number on the upper right corner of the envelope and attach the forged/fraudulent document unfolded and paper‑clipped to the back of the completed Investigative Report.

Exception: Forged/fraudulent items such as identifications, credit cards, and checkbooks, shall be booked as evidence.

525.30 PRESERVING SPATTERED STAINS OR SCRAPINGS. Spattered stains or scrapings shall be removed from an object and packaged by, or under the direction of, a specialist from Scientific Investigation Division.

530. MARKING EVIDENCE FOR IDENTIFICATION.

530.10 MARKING EVIDENCE - GENERAL. An item of evidence shall not  be marked for later identification when:

  • It bears a serial number.

Note: Watches shall not be dismantled for purposes of locating a serial number.

  • It would alter its evidentiary value.

  • It is capable of being identified through distinctive markings and recorded information.

  • It is a flag of the United States of America or of the State of California (Manual Section 4/535.30).

When evidence is marked, the mark shall be:

  • As small as practicable.

  • Distinctive.

  • Placed so as to prevent reduction of the item's marketable value.

  • Made as soon as practicable by the finding employee.

Evidence that cannot be marked or later identified by distinctive markings shall be packaged and sealed with a completed sealed evidence label. An outline of the object shall be traced on the package when it would be of value in making identification at a later date.

530.20 MARKING EXPENDED AMMUNITION. When its evidentiary value would not be affected, expended ammunition shall be marked as follows:

  • Cartridge case-on the inside, or if not practicable, on the outside near the opened end.

  • Bullet-on the base.

530.30 MARKING OF BOOKED DOCUMENTS. The DR Number shall be the only marking placed on a forged/fraudulent document or invoice by the reporting employee. It shall be printed in ink or typed as near as practicable to the upper right hand corner of the face without interfering with markings already present. If this is not practicable, place the document(s) in a manila envelope, and print the DR number on the upper right corner of the envelope and attach the documents unfolded and paper-clipped to the back of the completed report.

Exception: Forged/fraudulent items such as identifications, credit cards, and checkbooks, shall be booked as evidence.

535. PACKAGING OF BOOKED PROPERTY.

535.05 PACKAGING PROPERTY - GENERAL. The outer package of booked property shall be no smaller than a 7-1/2" x  10-1/2" manila envelope. Employees shall use preprinted envelopes when available. Blank envelopes shall have a completed property tag stapled to the front.

Small items shall be wrapped in a bindle and/or placed in a coin envelope. Each coin envelope shall bear the item number and DR number of the related report. Personnel shall consider cardboard carton packaging when the evidence is too large to fit into an envelope specified for storage of that type of evidence.

Note: Carton packaging that is used to hold analyzed evidence or other forms of non‑analyzed evidence shall have the appropriate evidence tag completed and secured to the outside of the carton.

535.07 PACKAGING ANALYZED EVIDENCE - GENERAL. Evidence to be analyzed shall be packaged in, or tagged with, appropriate Analyzed Evidence Envelopes, Laboratory Envelopes or Analyzed Evidence Tags.

Employees booking all types of evidence to be analyzed shall place a red Analyzed Evidence Seal, Form 10.12.07, over each flap of the required envelope and along the center seam. If the item to be analyzed is in a carton, box, or wrapped, the seams shall be secured with adhesive tape. Two separate continuous pieces of tape running the length and width of the package shall be used. A red Analyzed Evidence Seal shall be placed on the top surface where the tape ends meet. The Property Booking Guide contains additional information.

Note: The packaging of any item which only requires latent print analysis shall be clearly marked "Hold for Prints" and booked into a Property Division facility, Area property room, or Area property room interim storage if the property room is closed. If an investigating officer determines that fingerprint analysis is required, a telephonic request for the analysis shall be made to SID. Scientific Investigation Division shall make arrangements with Property Division for the SID courier to transport the item for analysis.

Analyzed Evidence Envelopes:

  • Analyzed Evidence‑Shelf Storage Envelope, Form 12.51.00

  • Analyzed Evidence‑To Be Refrigerated Envelope, Form 12.51.01

  • Analyzed Evidence‑To Be Frozen Envelope, Form 12.51.02

  • Analyzed Evidence‑Narcotics Envelope, Form 12.51.03

  • Analyzed Evidence Tags:

  • Analyzed Evidence‑Shelf Storage Tag, Form 10.12.03

  • Analyzed Evidence‑To Be Refrigerated Tag, Form 10.12.04

  • Analyzed Evidence‑To Be Frozen Tag, Form 10.12.05

  • Analyzed Evidence‑Narcotics Tag, Form 10.12.06

  • Analyzed Evidence Seals, Form 10.12.07

535.10 PACKAGING ALCOHOLIC BEVERAGES. A container of an alcoholic beverage shall be securely capped and sealed with a completed sealed evidence label.

If the container cannot be capped, a sample shall be sealed in an approved evidence bottle, and booked with the original container.

535.15 PACKAGING BLOOD SAMPLES (Manual Section 4/343.42).

535.20 PACKAGING AMMUNITION. Each discharged projectile, cartridge case, or misfired cartridge which is submitted to Scientific Investigation Division shall be individually wrapped in soft tissue, sealed in a coin envelope, and packaged separately from the firearm.

Ammunition that is not to be submitted to Scientific Investigation Division shall be placed in a coin envelope and packaged with the gun, if practicable.

The words "Live Ammo" shall be printed in red letters on the outside of a package containing live ammunition.

535.25 PACKAGING FIREWORKS (Manual Section 4/540.20).

535.30 PACKAGING FLAGS. When a flag of the United States of America or the State of California is booked, it shall be properly folded and placed in an envelope or wrapped in paper. The envelope or package shall be marked "U.S. Flag" or "California Flag" as appropriate, and sealed with a completed sealed evidence label. An identifying mark shall not be placed on the flag.

535.35 PACKAGING GLASS FRAGMENTS. Small pieces of glass shall be identified by tracing their perimeters on the outside of the coin envelope or package into which they are placed. Each tracing shall be numbered and initialed. The property report shall include information which will enable the employee to identify each tracing with the corresponding piece of glass. Very small pieces of glass need not be traced.

535.40 PACKAGING JEWELRY (Manual Section 4/535.85).

535.45 PACKAGING KNIVES AND SHARP INSTRUMENTS. A blade or sharp point shall be packaged to protect a person who may later handle it. When its evidentiary value would not be affected, an unprotected blade or point shall be packaged as follows:

  • Pocket Knife. Folded closed or package as a fixed bladed knife.

  • Fixed Bladed Knife. Fasten two strips of cardboard one on each side of the blade.

  • Razor Blades. Wrapped in paper and placed in a coin envelope.

  • Straight Edge Razor. Fold the blade into the handle and secure.

  • Ice Pick. Affix a piece of cork over the point or attach several pieces of paper to the point with cellulose tape.

  • Syringes. Syringes, not in the original manufacturer's protective case, shall be placed into a Department‑approved syringe tube. Officers shall affix a Biohazard Label to the outer envelope into which the syringe tube is placed.

535.50 PACKAGING MONEY (Manual Section 4/540.60).

535.55 PACKAGING NARCOTICS (Manual Section 4/540.70).

535.60 PACKAGING PAWNSHOP TICKETS (Manual Section 4/535.85).

535.65 PACKAGING POISONS. Poisons shall be placed in glass containers.

Note: Food‑stuffs involved in an animal poisoning shall not be booked unless a suspect is identified.

535.70 PACKAGING PURSES. When purses are not wrapped, the valuables shall be removed and booked separately (Manual Section 4/535.85).

535.75 PACKAGING BIOLOGICAL SLIDES. Biological slides or specimens must be booked in an Analyzed Evidence‑To Be Frozen Envelope, Form 12.51.02, and sealed with a completed evidence label.

If slides or specimens of biological smears are received without a slide container or other protective wrapping, two strips of cardboard slightly larger than the slides must be placed on each side and secured at the edges with staples or cellulose tape.

Exception:  Once analyzed, dried biological slides may be placed in climate-controlled storage.

535.80 PACKAGING URINE SAMPLES (Manual Section 4/343.42).

535.85 PACKAGING VALUABLES. Small valuable items shall be placed in coin envelopes and packaged in a 7 1/2"x10 1/2" manila envelope or other suitable container. Valuables shall not be packaged with other items.

Exception: Jewelry in a jewelry case or appropriate container need not be removed and packaged separately. However, each piece shall be itemized on the related report.

535.90 PACKAGING VOLATILE FUELS (Manual Section 4/212.49).

536. INFECTIOUS MATERIALS.

536.10 CLASSIFICATION OF POTENTIALLY INFECTIOUS MATERIALS. Potentially infectious materials are defined as:

  • Human blood, human blood components, and products made of human blood.

  • Human body fluids, including semen, vaginal secretions, cerebrospinal fluid.

  • Any human tissue or organ.

  • Any item contaminated by the above substances.

  • Syringes not in the manufacturer's packaging.

536.15 PACKAGING OF POTENTIALLY INFECTIOUS PROPERTY. Any potentially infectious material which is entered into the Department property system shall have a Biohazard Label affixed to the outer packing in a conspicuous place by the employee seizing or taking custody of the property.

Completion of Property Report. The officer packaging the potentially infectious material (Manual Section 4/536.10) shall write "BIOHAZARD" in the miscellaneous section of the item description for each potentially infectious material listed on the Property Report, Form 10.01.00.

Envelope Packaging. Potentially infectious material which is packaged in any Department evidence envelope shall have the Biohazard Label affixed to the upper left corner of the appropriate envelope before being booked into property.

Carton Packaging. Potentially infectious material which is packaged in a cardboard carton shall have one Biohazard Label affixed to the top of the carton in plain view, and one Biohazard Label affixed to the upper left corner of the appropriate evidence envelope or evidence tag that is secured to the outside of the carton.

Other Packaging. Potentially infectious material which is packaged in a container other than an envelope or carton shall have the Biohazard Label affixed to the upper left corner of the appropriate evidence envelope, Personal Property Envelope, Form 10.13.01, or property tag.

Note: The Biohazard Label shall only be affixed to the outer packaging of potentially infectious material. For example, an officer obtaining whole blood samples for alcohol or drug Analysis (4/343.40) would affix the Biohazard Label only to the Analyzed Evidence To Be Refrigerated Envelope, Form 12.51.01, not to the vial that contains the actual blood sample.

540. ITEMS REQUIRING SPECIAL HANDLING OR PROCESSING.

540.10 COIN ‑ OPERATED MACHINES. When money can be removed from a coin‑operated machine without causing damage, it shall be removed at the location of booking in the presence of a supervisor and when practicable, the person who had control of the machine at the time it was taken into custody. After retrieving Secret Service funds, the remaining money shall be packaged and booked separately.

If opening the machine would cause damage, the money shall remain in the machine. Each coin opening shall be sealed with a completed evidence label. The seams of the case shall also be sealed.

Note: At the time a machine is destroyed, the investigating officer shall retrieve and book any money stored therein.

540.20 BOOKING EXPLOSIVE SUBSTANCES.

Explosive substances are classified as “Safe” or “Dangerous.”

BOOKING “SAFE” EXPLOSIVES. “Safe” explosive items are booked in the same manner as any other property. A package containing a “Safe” explosive item shall be marked with large red letters indicating the type of explosive material contained, for example, “Fireworks,” “Flares,” or “Live Ammo.” The types of “Safe explosives are:

  • Fireworks-“Safe and Sane” types (Bearing State Fire Marshal seal) and less than 10 pounds gross weight;

  • Emergency Highway flares/fuses; and,

  • Fixed ammunition and blank or saluting cartridges less than .50 caliber.

BOOKING "DANGEROUS" EXPLOSIVES. All other explosive substances are classified as "Dangerous" and shall only be recovered and booked by Hazardous Devices Section personnel. The Hazardous Devices Section technician who assumes custody of a dangerous explosive substance shall ensure that a Property Report, Form 10.01.00, is completed and distributed as soon as practicable. Common examples of "Dangerous" explosive substances are:

  • Fireworks not bearing the State Fire Marshal seal or with a gross weight of ten pounds or more;

  • Firecrackers and similarly constructed explosive devices that do not bear a State Fire Marshal seal, such as Cherry Bombs, M80's, and M100's;

  • Seal Bombs and bird distracters (Agricultural/wildlife types of fireworks);

  • Railroad Torpedoes; and,

  • Ammunition .50 caliber and larger.

Note: Officers recovering ammunition .50 caliber or larger shall contact ESD, Hazardous Devices Section, or the Department Command Post during off-hours. A Hazardous Devices Section officer will determine whether the recovered ammunition is considered "Safe" and can be booked at Property Division. In cases when an Hazardous Devices Section officer advises that the ammunition is considered "Safe" to book, officers shall note the name, rank, and serial number of the Hazardous Devices Section officer authorizing the booking in the Property Report, Form 10.01.00.

When investigating officers cannot determine the classification of a suspected explosive substance as "Safe" or "Dangerous," officers shall treat the suspected item as "Dangerous" and contact the Hazardous Devices Section of ESD or the Department Command Post during off-hours for advice.

540.25 BOOKING HAZARDOUS CHEMICALS (4/212.49).

540.30 BOOKING FIREARMS.

General. All firearms coming into the custody of the Department shall be classified as evidence.

Booking Firearms-Officer’s Responsibility. An officer booking a firearm into Department custody shall ensure that the firearm is unloaded and safe for handling. Employees unfamiliar with the unloading or securing of a firearm shall contact the Firearms Unit, Scientific Investigation Division (SID), for advice. Additionally, if physical evidence such as latent prints is of extreme importance and there is a potential for damaging such evidence during the unloading process, SID shall be requested to respond for assistance.

Note: During off‑hours and weekends, SID firearms examiners may be contacted for advice or response through Detective Support and Vice Division.

In all cases, the Firearms Unit shall be contacted to examine and clear the following types of hazardous weapons prior to booking:

  • Muzzle loaders.

  • Cap‑and‑ball black powder weapons.

  • Jammed or inoperative weapons, including weapons with rounds that cannot be extracted.

When possible, weapons shall be broken down or otherwise modified and packaged to allow easy visual examination and assurance they are unloaded.

Upon ensuring the firearm is unloaded and safe for handling, the booking employee shall:

  • Complete a Property Report, Form 10.01.00.

Note: The name and serial number of the SID firearms examiner, along with the date and time a hazardous weapon was rendered safe for handling, shall be documented in the Form 10.01.00. For firearms contaminated with diseased or infectious bodily fluids or for other specially packaged or sealed firearms, documentation of the clearing of weapons shall be included in the Form 10.01.00.

  • Complete the Firearms Supplemental Property Report, Form 10.01.01.

Note: Officers shall complete one Firearms Supplemental Property Report for each firearm booked. When more than three associates exist, complete another Firearms Supplemental Property Report, Form 10.01.01. When more than three firearms are booked, complete the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02. When a firearm is recovered directly from a specific person, any other individual in the possessor’s company will be considered an associate and their information shall be entered into “Possessor’s Associate” section. The Firearms Supplemental Property Report shall become a page of the Property Report, Form 10.01.00, and continue the page numbering sequence and be submitted to a supervisor for approval.

  • When multiple firearms are booked on a single Property Report, Form 10.01.00, and all have the same possessor, associates, recovery location and recovery date, the first firearm is listed on the Firearms Supplemental Property Report, Form 10.01.01. Additional firearms will be listed on the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02.  The appropriate information shall be recorded on the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, by the officer booking the firearm into a Department Property Room.

  • The Continuation Sheet for Firearms Supplemental Property Report shall become a page of  the Property Report, Form 10.01.00, and continue the page numbering sequence and be submitted to a supervisor for approval.

  • Cause the Automated Firearms System (AFS) and National Crime Information Center (NCIC) to be queried to determine wants and registration information.

  • Telephonically report all firearms reported stolen, lost, recovered, located and booked to the Automated Vehicle and Property Section, Records and Identification Division.

  • Document the results of the AFS and NCIC query on the Form 10.01.00.

  • Affix the AFS/NCIC print out to the Form 10.01.00 with transparent tape, immediately below the recorded description of the firearm.

  • Print the word "FIREARM" in red in the top margin of the Form 10.01.00.

  • When booking a firearm at a location other than the property unit within the geographic Area in which the firearm was seized, print in the left margin of the Form 10.01.00, a statement directing extra copy distribution to the robbery unit of the geographic Area in which the firearm was seized.

  • Submit the completed Forms, 10.01.00 and 10.01.01, to a supervisor for approval.

  • Deposit the property and two copies each of the approved Forms 10.01.00, 10.01.01, and 10.01.02, when applicable, with the concerned property unit.

Note: All information relative to a firearm will be entered into the AFS by personnel assigned to the Automated Vehicle and Property Section, Records and Identification Division.

Supervisor’s Responsibility. The supervisor approving the Form 10.01.00 shall:

  • Physically inspect the firearm (unless held for latent prints) to verify the accuracy of the information contained on the Form 10.01.00 and to verify that the firearm is unloaded.

Note: If the firearm is being held for latent prints or other scientific evidence, supervisors shall visually inspect the firearm to verify as much information as possible is contained in the Form 10.01.00.

  • Ensure that a notation is made in the narrative portion of the Form 10.01.00 when unable to query AFS and NCIC.

The supervisor approving the Firearms Supplemental Property Report, Form 10.01.01, and the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, when applicable, shall review the form for completeness and accuracy, ensuring that all available information has been included.

Receiving Booked Firearms-Property Officer’s Responsibility. The property officer receiving a booked firearm shall:

  • Inspect the firearm and verify all information contained in the Form 10.01.00.

  • At the beginning of each work day, forward one copy of each Form 10.01.00, the Firearms Supplemental Property Report, Form 10.01.01 and the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, when applicable, and a copy of the AFS/NCIC printout directly to the Gun Unit, Detective Support and Vice Division and Records and Identification Division (R&I), via intradepartmental mail.

  • Ensure that a completed Firearms Supplemental Property Report, Form 10.01.01, and the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, when applicable, is attached to the Property Report for each firearm booked.

Packaging. Long guns including sawed‑off long guns need not be packaged. An Evidence Tag, Form 10.12.00, shall be attached to the barrel.

Handguns shall be packaged when practicable.

Only the weapon's clip, magazine, ammunition or holster may be packaged with a firearm.

Note: A clip or magazine shall not be stored in a weapon, and ammunition shall not be stored in a clip or magazine.

540.31 BOOKING BODY ARMOR. When anti-ballistic equipment (body armor) is used during the commission or attempted commission of a crime or is illegally possessed, it shall be booked into Department custody. Training Division shall conduct an analysis to determine if the body armor performed according to its specifications and to identify possible trends of armor used by suspects. This analysis includes body armor worn by Department personnel when impacted by a ballistic object or stabbing instrument.

Note: Body armor includes vests, helmets, plates, and any related anti-ballistic product.

Officer’s Responsibility. An officer recovering body armor used during the commission or attempted commission of a crime, illegally possessed, or worn by Department personnel when impacted by a ballistic object or stabbing instrument shall:

  • Complete a Property Report, Form 10.01.00, and include the serial number, model name or model number, threat level, manufacturer, size, color of the carrier, and whether it is a male or female design; and,

  • Book the body armor into Department custody (4/510).

Commanding Officer, Training Division, Responsibility. The Commanding Officer, Training Division, shall establish a procedure for the analysis and evaluation of body armor. Upon receipt of Form 10.01.00 documenting the seizure or recovery of body armor, the commanding officer shall:

  • Ensure that prior to analysis, approval is obtained from the investigating officer responsible for the body armor to avoid compromising its evidentiary value;

  • Ensure that the results of each analysis are cataloged;

  • Produce an annual report associated with the analysis and effectiveness of Department issued body armor and body armor used by suspects; and,

  • When needed, ensure that training and tactics are developed for officers when confronting suspects wearing body armor.

540.32 PROCESSING FIREARMS HELD FOR LATENT PRINTS OR OTHER SCIENTIFIC EVIDENCE.

Employee Booking Firearm - Responsibility. Firearms to be examined for latent fingerprints or other scientific evidence shall be unloaded safely and in a manner consistent with the preservation of evidence prior to booking.

Note: Employees unfamiliar with the unloading or securing of a firearm shall contact the Firearms Unit, SID, for advice or response. Additionally, if physical evidence such as latent prints is of extreme importance and there is a potential for damaging such evidence during the unloading process, SID shall be requested to respond for assistance. The Firearms Unit shall be contacted to examine and clear hazardous weapons (4/540.30). During off-hours and weekends, SID firearms examiners may be contacted for advice or response through the Department Command Post.

Employees in possession of a firearm requiring examination for latent prints or other scientific evidence shall:

  • Place long guns in a long gun box, seal the box with a red Analyzed Evidence Seal, Form 10.12.07, and affix an Evidence Tag, Form 10.12.00, to the box;

Note: Long guns too large for an appropriate carton shall be wrapped to protect their evidentiary value. The wrapping shall be taped and sealed with an Analyzed Evidence Seal as described in Manual Section 4/535.07, Packaging Analyzed Evidence.

  • Place handguns in a handgun box, seal the box with a red Analyzed Evidence Seal, fold the Handgun Evidence Envelope, Form 10.20.00, into thirds and secure it in a manner that clearly displays the bold "Handgun" label as well as the information completed by the employee;

Note: All firearms which are being held for examination of any type shall be secured in the required manner as noted in Manual Section 4/535.07, Packaging Analyzed Evidence.

  • Complete the Property Report, recording as much information as possible about the firearm without destroying any of its evidentiary value, and indicate on the Property Report that the firearm was booked at SID; and,

  • Place the firearm in the designated SID courier temporary storage locker for pick up.

Note: If a firearm only requires latent print analysis, the firearm shall be booked into a Property Division facility and the investigating officer shall request analysis via SID.

Investigating Officer’s Responsibility. Upon determining that SID analysis is required for any item booked, the investigating officer shall:

  • Telephonically notify SID of the desired analysis;

  • Ensure that a properly completed Analyzed Evidence Report, Form 12.20.00, is received from SID; and,

  • Document on a Follow-up Investigation Report, Form 03.14.00, any pertinent information.

Scientific Investigation Division Responsibility. When a firearm is to be examined for latent prints or other scientific evidence, personnel assigned to SID shall:

  • Transport firearms to the Evidence Control Unit (ECU), SID, via the courier unit;

  • Book the firearm into APIMS;

  • Update the description of any firearm for which the description is incomplete on a Property Report by:

  • Completing a Follow-up Report and forwarding the original to R&I Division, with copies to the Gun Unit, DSVD, and the concerned investigating officer. The Automated Vehicle and Property Section, R&I Division shall enter any updated information into the Automated Firearms System and the concerned investigating officer shall ensure this is done; and,

  • Entering the additional descriptive information into APIMS.

  • Forward a copy of each Property Report and a copy of the attached AFS/NCIC printout directly to the Gun Unit, DSVD;

  • Process requests for analysis received from investigative personnel;

  • Notify the investigating officer when analysis is completed; and,

  • Return the firearm via the courier unit to the property room indicated by the investigating officer.

Property Division’s Responsibility. Property Division facilities shall be responsible for the long term storage of analyzed firearms.

540.40 PROCESSING FIREARMS SURRENDERED FOR DISPOSAL. When a firearm is voluntarily surrendered to the Department for disposal, the following additional procedures shall apply:

  • Ammunition accepted with the firearm shall be listed on the same report.

  • The words "Voluntary Gun Disposal" shall be entered on the first line of the narrative portion of the Property Report, Form 10.01.00.

  • The owner shall be required to sign the following statement, which shall be included as the last paragraph in the narrative portion of the report: "I hereby relinquish to the Los Angeles Police Department any right, title, or interest in the above‑described firearm(s)."

  • Advise the owner that the firearm will be disposed of in accordance with the procedures set forth in Penal Code Section 18000-18005.

  • Issue the owner a Receipt for Property Taken Into Custody, Form 10.10.00.

  • Book the firearm.

Note: The firearm shall be transferred to Central Property Section within five days.

540.45. DEPARTMENT GUN BUYBACK PROGRAM.

 

Processing Request. When an individual or organization requests to sponsor a gun buyback program with the Department, the Department employee receiving the request must notify his/her supervisor.

 

Supervisor's Responsibilities. The supervisor will submit an Employee 's Report, Form 15.07.00, to his/her commanding officer (CO) and include the following information:

 

• Name of the requesting individual and/or organization;

• Name and telephone number of the contact person;

• Individual and/or company address;

• Type of compensation offered (e.g., monies, sporting event tickets, concert tickets, food vouchers, gift cards, etc.);

• Total amount of compensation available;

• Tentative date(s) of the gun buyback program; and,

• Intent of the participants.

 

Commanding Officer's Responsibilities. Commanding officers will submit an Intradepartmental Correspondence, Form 15.02.00, to the CO, Gang and Narcotics Division (GND). The Intradepartmental Correspondence must include a copy of the supervisor 's Employee 's Report as an attachment. The CO will document any additional information, including any conflict of interest issues, and provide a recommendation as to the feasibility of the proposed program.

 

Gang and Narcotics Division's Responsibilities. The CO, GND, will review the request and forward it with a recommendation for approval or disapproval, via the Chief of Detectives, to the Chief of Police (COP). The COP will approve or disapprove the request. The CO, GND, will prepare a response notifying the requestor and the affected CO of the decision rendered by the COP. The correspondence to the requestor must include an explanation of the Department's gun buyback procedures.

 

Approval to Conduct Program. After the COP has approved the request, the Area CO will ensure that his/her command adheres to the protocol set forth in this Manual Section. The Area CO will notify the CO, Property Division, of the date and time of the gun buyback program. 

 

Protocol for Gun Buyback Programs. California Penal Code Section 12078 (a)(6) provides an exemption for local, state, or federal government agencies to conduct a gun buyback program without a firearm dealer 's license.

 

Area Gun Buyback Coordinator. The Area CO will designate a supervisor within his/her command as the Area Gun Buyback Coordinator to facilitate and regulate the gun buyback

program. The responsibilities of the Area Gun Buyback Coordinator will be an ancillary duty.

 

Firearm Examiner. The Area Gun Buyback Coordinator will designate an officer as the Firearm Examiner to inspect and render all firearms as unloaded and safe, prior to processing.  This officer must have a background or familiarity with most firearms and be a certified Handgun Instructor who has completed the Department's Handgun Instructor Training School. 

 

Note: The Gun Unit, GND, will provide technical assistance to Area(s) participating in a gun buyback program.

 

Gun Buyback Location. The primary selection criteria for the gun buyback program location must be security and safety. The surrounding area should be monitored for potential criminal activity and the facility should have adequate space with a separate entrance and exit.  Accessibility to the public and adequate restroom facilities are to be considered when selecting a location. In addition, a space should be allocated to exhibit a select number of firearms for media coverage.

 

Note: As required by the Gun-Free School Zone Act of 1995, gun buyback locations must be a minimum of 1,000 feet away from any school.

 

Resources. Sufficient Department personnel must be allocated to ensure security both inside and outside the gun buyback location. A minimum of ten sworn officers will be deployed at each program location. The following items must be available at the firearm processing area:

 

• Clearing barrel;

• Vehicle (preferably a van);

• Plastic or nylon cable ties of appropriate length to secure actions of firearms;

• Masking tape and transparent tape;

• Gloves;

• Evidence Tag, Form 10.12.00;

• Handgun Evidence Envelope, Form 10.20.00;

• Property Report, Form 10.01.00;

• Firearms Supplemental Property Report, Form 10.01.01;

• Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02;

• Receipt for Property Taken into Custody, Form 10.10.00;

• Pencils and pencil sharpeners;

• Plastic boxes for miscellaneous ammunition and magazines; and,

• Tape measure and/or ruler to measure barrel length.

 

Media Coverage. The Media Relations Section, Media Relations and Community Affairs Group, must be given advance notification to allow sufficient time to inform the public.

 

Compensation for Firearms. Organizations or individuals wishing to sponsor a gun buyback program will be required to furnish the Department with verification of available compensation prior to the establishment of a gun buyback program. Sponsors providing monetary contributions or other compensation to the public for the forfeiture of firearms will maintain control of the compensation and will have sole responsibility for its disbursement.

 

Relinquishment of Firearms. When practical, persons relinquishing firearms in a gun buyback program, including those who wish to remain anonymous, will be instructed to unload the firearm and secure it in the trunk of his/her vehicle or in a locked container prior to transporting it. Upon arrival at the gun buyback location, the person relinquishing the firearm will be advised in person to leave the firearm in his/her vehicle or in the locked container and notify, police personnel that they wish to relinquish the firearm. 

 

The Firearm Examiner will accompany the program participant to his/her vehicle or locked container, render the firearm safe, and direct the individual surrendering the firearm to the compensation processing area. The Firearm Examiner will carry the firearm to the firearm processing area for booking.

 

Note: Only Department employees will handle and book firearms.

 

Reports and Booking of Property.

 

Firearm Processing Procedure. An officer will complete one Property Report, Form 10.01.00, for each gun buyback program event, regardless of the number of firearms surrendered during that event. The officer will obtain one evidence Division of Records (DR) Number for the Property Report. Each firearm will be checked through the Automated Firearms System prior to booking the weapon.

 

The issuance of a Receipt for Property Taken into Custody, Form 10.10.00, is not required for firearms recovered during an authorized gun buyback program.

 

Unfamiliar, Exotic, or Complex Firearms. If an individual relinquishes a firearm that is unfamiliar to the Firearm Examiner, the following procedures must be followed:

 

• Contact the Firearms Analysis Unit, Scientific Investigation Division, during regular business hours on weekdays; or,

• During non-business hours or weekends, contact Real-Time Analysis and Critical Response Division and request that the on-call firearms expert be contacted.

 

Gun Buyback Results. The Area CO, upon completion of a gun buyback program event, will prepare an Intradepartmental Correspondence and forward the report to the CO, GND. The Intradepartmental Correspondence must contain pertinent information regarding the gun buyback program, including the amount and types of firearms surrendered as a result of that event. The report will be kept on file at GND.

 

Retention and Destruction of Firearms. Any firearm taken into police custody in conjunction with a gun buyback program will be destroyed or retained for official Department use in accordance with existing Department procedures, unless the firearm is stolen. If the firearm is stolen, it must be booked in accordance with Manual Section 4/540.30, Booking Firearms. If retained, it must be processed in accordance with Manual Section 4/580.20 - 580.40, regarding convertible property.

 

540.50 BOOKING FIREARMS FOR RENUMBERING. Any pistol or revolver without a manufacturer's number or other mark or identification which comes into Department custody shall be processed by Detective Support and Vice Division prior to release of the weapon. When the owner or person having custody of a pistol or revolver without an identification number requests the renumbering of the weapon, it shall be booked and , Detective Support and Vice Division, shall be designated as the "Investigating Division" on the Property Report, Form 10.01.00.

Note: A complete physical description of the owner of the firearm shall be included in the property report.

If the investigating officer determines that the firearm should be numbered, he or she shall cause the necessary copies of the Firearm Identification Report, Form 12.07.00, to be prepared and forwarded to Scientific Investigation Division.

Upon receipt of a Firearm Identification Report, Scientific Investigation Division personnel shall process the firearm. After processing, the firearm shall be returned to the investigating officer, who shall ensure the weapon is returned to the location where it was booked.

Note: The Firearm Identification Report registers the firearm.

540.60 BOOKING MONEY. All monies taken into Department custody shall be counted by the officer booking the money and the appropriate supervisor prior to booking. A copy of the related Property Report, Form 10.01.00, must accompany each money booking.

Note: When an officer seizes or takes into custody U.S. currency totaling less than $5,000, the concerned officer shall book the currency at the Area property room. The items shall be placed in the designated interim storage locker when the Area property room is closed. When an officer seizes or takes into custody U.S. currency totaling $5,000 or more, the officer shall transport the currency to Valley Property Section or Central Property Section, Property Division, for recounting and booking.

Officer’s Responsibility. When an officer seizes or takes into custody U.S. currency, the officer shall:

  • Count the currency, in the presence of a supervisor preferably not involved in the seizure, and place the currency into a Money Envelope, Form 10.12.02;

  • Obtain the signature of the supervisor verifying the money count on the Money Envelope;

  • Ensure that both the total amount and the breakdown by denomination are accurately recorded on the Money Envelope;

  • Seal the top flap of the Money Envelope with an Analyzed Evidence Seal (LAPD Sealed Evidence-red), Form 10.12.07;

  • Complete a Property Report listing the currency booked; and,

Note: Money that is of unique evidentiary value, e.g., possible fingerprints, shall be listed on the Property Report as outlined in 5/10.01‑26.

  • Book the items into the appropriate property facility.

Note: When booked money requires checking by a Gang and Narcotics Division K‑9 unit and a unit is unavailable prior to booking, the booking officers shall notify the property officer that after counting and booking the currency to place the Money Envelope into a Kapak bag to ensure the currency is not contaminated during storage. Items held for checking by the K‑9 Detail must be booked at Central or Valley Property Sections.

Supervisor’s Responsibility. Supervisors responsible for counting currency shall:

  • Verify that both the total amount and the breakdown by denomination are accurately recorded on the Money Envelope;

  • Sign the Money Envelope in the appropriate place and ensure the envelope is properly sealed; and,

  • Ensure that the items are booked into the appropriate property facility.

Note: A supervisor shall witness the recount of all currency removed from interim storage by the property officer for booking into the Area property room. The supervisor shall sign and date the Analyzed Evidence Seal (LAPD Sealed Evidence-blue), Form 10.12.07, overlaying the Money Envelope flap next to the signature of the property officer.

Property Officer’s Responsibility. Property officers at Area property rooms who accept currency for booking shall:

  • Recount the currency in the presence of the booking officer;

  • If the currency is removed from interim storage for booking into the Area property room, recount the currency in the presence of any sworn supervisor;

Note: The property officer shall be responsible for applying blue evidence seals to all currency packages opened for recounting. All resealing shall be done in the presence of the sworn supervisor witnessing the recount. The property officer shall sign and date the blue evidence seal overlaying the Money Envelope flap in the presence of the sworn supervisor.

  • Ensure the money count is properly listed on the Money Envelope;

  • Seal the Money Envelope with a blue evidence seal and sign and date the evidence seal; and,

  • Place the item into secure storage.

Property officers at Central Property Section or Valley Property Section who accept currency for booking shall:

  • Recount the currency in the presence of the booking officers;

  • Verify the currency count matches the Money Envelope;

  • Place the currency into the Money Envelope and seal with a blue evidence seal;

  • Sign and date the blue evidence seal; and,

  • Obtain the signature of a Property Division supervisor on the blue evidence seal overlying the Money Envelope flap.

Commanding Officer, Property Division’s Responsibility. The Commanding Officer, Property Division, shall, as soon as practical upon expiration of the 60‑day time limit, cause all monies eligible for deposit into the Booked Money Account, not stored in the Central Property Section, Property Division, to be transferred to Central Property Section or Valley Property Section for deposit.

Exception: If a release has been authorized and is pending, the money will not be transferred and deposited until the required term for claiming the money has expired.

Upon determination that money in the account is eligible for disbursement, the commanding officer of Property Division shall cause a Booked Money Disbursement, Form 10.26.00, to be completed and forwarded to Fiscal Operations Division.

Note: Monies not yet deposited into the Booked Money Account may be released in accordance with procedures outlined in Section 4/555.10.

540.62 BOOKING OF NUMISMATIC, MUTILATED, OR COUNTERFEIT CURRENCY. Foreign currency, gold coins, proof sets, and coins which are obviously part of numismatic collections shall be booked separately and not as money. Additionally, counterfeit currency, dye‑packs, and raised bills, regardless of denomination, shall not be booked as U.S. currency or in a Money Envelope. Officers booking numismatic, mutilated, or counterfeit currency shall:

  • If the items constitute a coin collection or collectable items, list the total face value of the coin or bill collection and the breakdown by denomination on the Property Report; or

  • If the item is counterfeit or a raised bill, list the face value along with the serial number from each bill on the Property Report; or

  • If the item is a dye pack, list the visible serial numbers and face value of any remaining bills.

  • In the presence of a supervisor, place the items in a plain manila envelope stamped with a currency denomination grid on the face of the envelope;

  • Itemize the totals of the items on the grid, e.g., "10 pennies, 4 nickels, 2 dimes," etc., from the Property Report;

  • Write in large letters on the lower portion of the face of the envelope what is contained within, e.g., dye pack, coin collection, etc.;

  • Seal the top flap of the envelope with a red evidence seal;

  • Have the witnessing supervisor sign the evidence seal overlaying the envelope flap; and,

  • Book the property (4/515.20).

540.64 REMOVAL OF CURRENCY FROM PROPERTY DIVISION.

Withdrawal for Court Proceedings. Officers shall contact the District Attorney's Office or City Attorney's Office, as appropriate, to determine if currency booked in conjunction with the court case is needed in court. When currency is required as evidence in a court proceeding, the officer shall:

  • Withdraw the currency from Property Division and sign the Property Card‑Envelope (Money), Form 10.07.1, upon receipt;

  • Obtain copies of the Property Court Receipt, Form 10.3;

  • Transport the sealed Money Envelope to the appropriate court; and,

  • Have the court execute the Property Receipt with a court stamp and court clerk's signature when the currency is accepted as evidence and deliver the receipt to Property Division not later than the close of the following working day.

Note: When the currency is not accepted as evidence by the court, the concerned officer shall return the currency and unexecuted receipts to Property Division as soon as practicable.

Release of Currency to Private Persons. When releasing currency to a private person in response to a Property Disposition/Update Request, Form 10.06.00, teletype, or Property Owner's Notification, Form 10.14.00, property officers shall:

  • Verify identification of the private person;

  • Ensure that the property release authorization is on file;

  • Ensure that a supervisor is present to continuously observe the release of the currency; and,

Note: In Central or Valley Property Sections, a property supervisor shall be present. In outlying Area property rooms, a watch commander or other sworn supervisor shall be present.

  • Complete the necessary documentation to record the release of the currency under the auspices of the supervisor verifying the release and have the witnessing supervisor initial the form.

540.66 MONEY HELD FOR SPECIFIC EVIDENTIARY VALUE. When an employee takes into custody currency that has any specific evidentiary value, e.g., possible fingerprints, unique identifying characteristics etc., the booking employee shall place the phrase "Hold Money for Evidence" above the line where the money evidence appears on the Property Report Form 10.01.00. Facts supporting retention should be set forth in narrative form immediately following the line item listing on the Property Report and in the narrative or corresponding reports.

Note: Money that has no hold for evidentiary value will be deposited into the Booked Money Account by Property Division after 60 days of custody.

Investigating Officer’s Responsibility. Investigating officers shall review money booked in conjunction with cases under their purview and determine if a hold for evidence placed on the money is necessary or may be necessary.

Placing a Hold. Investigating officers requesting a hold on money booked shall complete a Follow‑Up Investigation, Form 03.14.00, and forward the form to the Commanding Officer, Property Division.

Releasing a Hold. Investigating officers requesting the release of a hold placed on money booked shall complete a Form 03.14.00 documenting approval received from the Deputy District Attorney or Deputy City Attorney, as appropriate, and a statement that the booked money is eligible for deposit into the booked money deposit system. Upon approval, retain a copy in the case package and forward the original to the Commanding Officer, Property Division.

Note: Completion of the Form 03.14.00 stating the currency is eligible for deposit does not relieve the investigating officer of the responsibility to complete a Property Disposition/Update Request, Form 10.06.00, if appropriate.

540.68 NITROUS OXIDE - DEFINED.  N20 is a clear, colorless liquefied gas with a slightly sweet odor.  When inhaled, N20 produces intoxicating effects and short term analgesia (pain relief) for the user.  The most common methods of N20 storage include a tank and/or cylinder, and balloons.  Possession of N20, or any substance containing N20, with the intent to breathe, inhale or ingest for the purpose of causing a condition of intoxication is a misdemeanor offense, in violation of California Penal Code (PC) Section 381 b.

Exception: Penal Code Section 381 b does not apply to persons under the influence of N2O or any material containing N2O pursuant to an administration for the purpose of medical, surgical, or dental care by a person licensed to administer such an agent.

OFFICER’S RESPONSIBILITY.  When conducting a preliminary investigation of N2O possession, officers shall adhere to the following procedures:

  • Determine if the possession of N20 is a violation of 381 b PC and take appropriate action:

  • Contact the Hazardous Chemical Team (HCT), Scientific Investigation Division (SID), for advice and/or assistance;

  • Do not transport N20 tanks or cylinders, regardless of size, in the police vehicle.  Officers seizing an N20 tank of cylinder shall request the HCT, SID, for transportation;

Note:  During non-business hours, officers should contact SID through the Department Command Post (DCP), Real-Time Analysis and Critical Response Division (RACR).

  • In the event that a tank or cylinder containing N20 is to be booked as evidence by the HCT, SID, the investigating officers shall complete a Property Report, Form 10.01.00, including the serial number (when available), manufacturer and size of the tank or cylinder.  Officers shall deliver or fax the completed Property Report to SID; and,

Note:  Officers can request the HCT, SID, to obtain a sample of N20 from the cylinder or an inflated balloon, if necessary for their investigation.

  • Issue a Receipt for Property Taken, Form 10.10.00, to the owner or possessor of the cylinder.

540.70 PROCESSING NARCOTICS, TOLUENE AND DANGEROUS DRUGS, ETC.  Narcotics, narcotic paraphernalia requiring analysis, toluene, and dangerous drugs must be booked in or labeled with an Analyzed Evidence - Narcotics Envelope, Form 12.51.03 and a Narcotic Evidence Booking Identification Card, Form 10.12.09.

Booking Employee's Responsibilities.  When packaging small quantities of narcotics, officers must:

  • Place the narcotics into a ziplock bag; and,

Note:  Officers are also reminded that a separate Analyzed Evidence - Narcotics Envelope must be used to contain the evidence obtained from each arrestee..

  • Place the bag into an Analyzed Evidence - Narcotics envelope;

Exception: Plant material should not be placed in a plastic bag before being placed into an Analyzed Evidence Narcotics Envelope.

  • Staple the flap shut as closely as possible to the lower edge using two staples on opposite sides of the flap; and,

  • Place Analyzed Evidence Seals, Form 10.12.07, over each flap and the center seam.

Note: Narcotics evidence weighing a kilogram or more must be placed in a plastic numbered property bag and placed in a cardboard box.  The box must be sealed with a high quality fiber reinforced tape.  A completed Analyzed Evidence - Narcotics Envelope must be attached to the outside of the cardboard box.

The package must be sealed with a completed evidence seal. A separate Analyzed Evidence - Narcotic Envelope must be used for the evidence obtained from each arrestee. Ziplock bags may be used to separate evidence within the Analyzed Evidence - Narcotics Envelope.  Each envelope must bear an item number and be listed on related reports.  No other evidence, except narcotic paraphernalia requiring analysis, should be included in the sealed package. The Analyzed Evidence - Narcotics Envelope must not be filled above the fold of the upper flap of the package.

An officer seizing one kilogram or larger size packages of dangerous drugs or narcotics evidence must:

  • Consecutively number the exterior of each package wrapping;

  • Weigh the packages for gross weight and place them in a cardboard box;

Note: "Gross weight" is the weight of each individual package of narcotics including the packaging material. "Control weight" is the weight of a single box containing several individual packages. "Net weight" is the weight of the narcotics without any packaging material. Refer to Manual Section 4/540.75 for handling seizures exceeding 30 pounds net weight.

  • Weigh the box and contents for control weight and seal with wide, high quality tape and a sealed evidence label;

  • List the gross weight and control weight on the Property Report; and,

  • Complete an Analyzed Evidence - Narcotics Envelope and attach it to the outside of the cardboard box, indicating the numbered packages contained within and the gross and control weight of the box and its contents.

Note: When booking large quantities of narcotics requiring numerous boxes, an Analyzed Evidence - Narcotics Envelope must be attached to the outside of the first box of each item number on the Property Report which consists of one or more boxes, and an Analyzed Evidence - Narcotics Tag, Form 10.12.06, must be attached to each remaining box.  The item number, box number, and total number of boxes must be documented on each box.

The employee booking the evidence must in all cases complete the upper portion of the form on the face of the envelope, including any special instructions for the chemist making the analysis.

Note:  Refer to 4/540.72 for Phencyclidine (PCP) or its analogs handling procedures.

Marijuana Cigarettes.  Marijuana cigarettes must be marked for identification.  Each cigarette and specific location from which the cigarette was taken must be listed on related reports.

Paraphernalia Containing Narcotics Residue.  An officer booking paraphernalia containing narcotics residue must:

  • Place narcotics paraphernalia into a plastic ziplock bag, size permitting, or into a plastic property bag if the residue may be destroyed, or directly into an Analyzed Evidence - Narcotics Envelope;

  • Staple the envelope flap shut as close as possible to the lower edge using two staples on opposite sides; and,

  • Place Analyzed Evidence Seals over each flap and the center seam.

Exception:  Paraphernalia containing plant material residue should be placed inside a coin envelope, if practical, and placed directly into an Analyzed Evidence‑Narcotics Envelope.

Note:  This section does not affect booking procedures for paraphernalia not containing narcotics residue.

Toluene.  When toluene or similar toxic substance is exposed to the air (e.g., glue on a rag or in a paper bag), the evidence must be placed in a glass container.

Weights and Measures.  "Substances" in relation to pipes with residue only, are no longer weighed.  These substances should only be counted.  Example, one glass pipe containing cocaine residue will be counted as one item.  The evidence may state in the Property Report and/or the Arrest Report, Form 05.02.00, “1 glass pipe containing off-white residue resembling cocaine."  Glass pipes with no visible residue must be booked as paraphernalia in the Area Property Rooms.  All pipes with residue must be booked as narcotics.

Note:  Containers included in the gross weight must be described in the Property Report (or Arrest Report if used to book the evidence).

Marijuana plants must be counted.  Their number and net weight (minus dirt and container) must be recorded on the property report.  The plants must be placed in a carton.  If necessary, the plants may be folded. Generally, the dirt and the container need not be booked.

Note:  When practicable, the plants should be photographed prior to being uprooted.

Chemical Test of Felony Narcotics Evidence.  Officers who book items of cocaine, methamphetamine, heroin or marijuana for the purpose of filing felony drug charges, must perform chemical test(s) to make a preliminary identification of the drug item. 

Chemical Test Procedures.  Officers conducting preliminary screening test on items of cocaine, methamphetamine, heroin or marijuana must:

 

  • Take the suspected drug evidence to an Area station where the chemical test kits are available;

 

Note: Test kits are not to be used in the field.

 

  • Determine the gross weight of the evidence;

  • Visually compare the amount of narcotics to the minimum net weight guide. If the amount of narcotics appears to be less than the minimum net weight, do not conduct the chemical test. Book the evidence for testing by the SID Laboratory;

  • If the narcotics evidence material appears greater than the minimum net weight provided in the test kit instructions, select the appropriate chemical test kit. Follow the instructions provided on how to conduct a chemical test;
  • Perform a chemical test for each item. The chemical tests are only for items suspected to contain cocaine, methamphetamine, heroin or marijuana. The chemical test for methamphetamine requires the use of two test kits. The chemical tests for cocaine, heroin and marijuana require the use of just one kit. For all other suspected drug items, book the evidence following standard booking procedures;
  • Only test the minimum number of items needed for filing. Other items will be tested later by the SID Laboratory;
  • Dispose of used chemical test kits in the containers provided. Do not book the used kit; and,
  • Record the chemical test results on the Property Report. Examples of properly recorded positive chemical test results are below.

 

Item No.

Quantity

Article

Type Test of Drug

Brand/Drug Weight  Units

Model No./Drug Test Results

Misc. – Color, Size, Etc.

1

1

Narcotics

Scott Reagent

1.00 gram gross

Positive cocaine

Plastic bag containing off-white powder resembling cocaine

2

2

Narcotics

Mecke's Reagent

1.00 gram gross

Positive heroin

Red balloons containing brown tar-like substance resembling heroin

3

1

Narcotics

Duquenois –

Levine Reagent

2.00 gram gross

Positive marijuana

Plastic bag containing plant material resembling marijuana

4

1

Narcotics

1-Methamphetamine/ 

    MDMA Reagent

2-Marquis Reagent

0.75 gram gross

Positive methamphetamine

Plastic bag containing white powder resembling methamphetamine

5

1

Narcotics

Scott Reagent

1.50 gram gross

Positive Cocaine base

Plastic bag containing off-white solids resembling cocaine base

Negative and Inconclusive Chemical Test Results.  If the chemical test results are negative or inconclusive and the filing of felony drug charges are still pursued, book the evidence for testing by the SID Laboratory.

Juvenile Arrested.  When booking controlled substance evidence in juvenile cases indicate whether the juvenile is "Detained" or "Released," in red on the upper left corner of the Analyzed Evidence‑Narcotics Envelope.

If a juvenile is detained or when narcotics or a substance believed to be toxic for which no preliminary chemical test is available is involved, book the evidence following standard booking procedures.

Booking Location.  Narcotics, narcotic paraphernalia requiring analysis, toluene, and dangerous drugs must be booked into Property Division.  The item requiring analysis must be placed into the narcotics storage locker for pick up by the courier unit or booked directly into Property Division.

540.71 CHEMICAL ANALYSIS OF NARCOTICS WHEN NO ARRESTEE IS IN CUSTODY.

Booking Officer’s Responsibility. When booking a large quantity of a controlled substance (over 1000 grams net weight) into evidence and no arrestee is in custody, the booking officer shall request an extra copy of the Property Report, Form 10.01.00, to be sent to Gang and Narcotics Division. Booking officers shall also write "Conduct a Chemical Analysis-Over 1000 grams" in the "Special Instructions to Analyst" box of the Analyzed Evidence-Narcotics Envelope, Form 12.51.03.

Supervisor/Watch Commander’s Responsibility. The supervisor or watch commander reviewing the Property Report, Form 10.01.00, shall verify that the "Extra Copy To" box is checked and a copy is directed to Gang and Narcotics Division, prior to approving the report, when a large quantity of a controlled substance is seized and no arrestee is in custody.

Gang and Narcotics Division’s Responsibility. Upon receiving a Property Report indicating a large quantity of a controlled substance (over 1000 grams net weight) has been booked into evidence and no arrestee is in custody, Gang and Narcotics Division shall:

  • Ensure that the evidence and a completed Analyzed Evidence Report, Form 12.20.00, is delivered to Scientific Investigation Division for analysis within 30 days of booking;

  • Request Scientific Investigation Division forward a completed copy of the Analyzed Evidence Report to Gang and Narcotics Division; and,

  • Update the control file for the related evidence.

Scientific Investigation Division’s Responsibility. In cases when no arrestee is in custody, Scientific Investigation Division shall conduct a chemical analysis of large quantities of controlled substances (over 1000 grams net weight) booked into evidence within 30 days of Scientific Investigation Division's receipt of the evidence. A completed copy of the Analyzed Evidence Report, Form 12.20.00, shall be forwarded to Gang and Narcotics Division.

540.72 PHENCYCLIDINE OR ITS ANALOGS - HANDLING PROCEDURES. PCP shall refer to phencyclidine or any of its analogs.

Transporting Employee's Responsibility. An employee handling seized quantities of phencyclidine (PCP) or its analogs shall:

  • Not smoke;

  • Ensure that there are no flames in the immediate vicinity;

  • Avoid unnecessary contact with the container or cigarettes containing PCP;

  • Handle the container or cigarettes only while wearing protective gloves;

  • Secure the container of PCP to avoid any excess seepage;

  • Place the secured PCP container into a plastic bucket containing vermiculite as soon as practicable and seal the bucket with a plastic lid; and,

  • Place the sealed plastic bucket into the trunk of the police vehicle and transport it to the appropriate Department facility and immediately book the PCP.

Note: The plastic bucket shall be booked only in those situations when the PCP spills into the vermiculite while being transported. When the PCP spills, officers shall leave the PCP in the bucket and ensure that the bucket is sealed and booked according to established booking procedures. Scientific Investigation Division (SID) can analyze the PCP even though it has spilled into the vermiculite.

Booking Procedures. An employee booking PCP or its analogs shall:

  • When PCP is in a 1/2 gallon or larger container OR there is a total volume of 1/2 gallon or more of PCP, the Hazardous Chemical Team (HCT), SID shall be notified. Officers shall not remove the PCP from the location without the approval of the HCT. Officers shall be guided by the HCT regarding the packaging and booking of the PCP. During off-hours, the HCT can be reached by contacting Detective Support and Vice Division;

  • When the amount of PCP is between one pint and one-half gallon, officers shall transport the PCP to Central or Valley Property Section for booking;

  • When the amount of PCP is less than one pint, the PCP may be placed in the narcotics/shelf storage locker for transfer to SID by the courier unit;

  • Place the container of PCP into a numbered plastic property bag as soon as practicable;

  • Heat seal the container and contents in at least two unnumbered plastic property bags after the preliminary drug test when the supervisor has elected to complete such tests;

  • Keep the container of PCP away from all work spaces as much as practicable;

  • Officers shall adhere to the proper packaging procedures for PCP as delineated in the Property Booking Guide;

  • Seek the advice of SID personnel when in doubt about the handling/packaging of PCP;

  • Place the container of PCP in the narcotics/shelf storage locker for transportation to SID via the courier unit; and,

Note: If any amount of PCP is in a container one-half gallon or larger, or the aggregate amount of PCP is one-half gallon or more, or if other chemicals are present at the location of seizure, the Hazardous Chemical Team (HCT), SID, shall be notified. Officers shall not remove the PCP from the location without the approval of the HCT. Officers shall be guided by the HCT regarding the packaging and booking of the PCP. During off-hours, the HCT can be reached by contacting Detective Support and Vice Division.

  • Ensure that the PCP is placed in the narcotics/shelf storage locker for transportation to SID via the courier.

Commanding Officer’s Responsibility. Commanding officers shall maintain an adequate supply of plastic gloves, buckets, vermiculite (absorbent material), and lids in a safe and accessible place as follows:

Patrol/Traffic/Metropolitan Divisions. Ensure that an adequate supply of equipment is maintained in each patrol vehicle.

Detective/Specialized Divisions and Sections. Ensure that the equipment is available for use whenever it is required by personnel under their command.

540.73 TEMPORARY STORAGE OF NARCOTICS EVIDENCE AT AREA STATIONS. Narcotics evidence may be stored at Area stations on a temporary basis when one of the following criteria exists:

  • No arrestee is in custody.

  • The arrestee is booked into the Area jail.

  • The arrestee is released from custody (RFC).

Officers booking arrestees directly at Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section, shall book narcotics evidence directly into Central Property Section, 77th Street Property, or Valley Property Section, Property Division, respectively.

Exception: Large quantities of narcotics in powder, pill, plant, or liquid form (30 grams or more of heroin, cocaine, or methamphetamine, 500 or more pills, a kilogram or more of plant material, or 1 pint or more of liquid PCP or its analogs) shall be immediately booked at Central Property Section or Valley Property Section by the booking employee.

When booking PCP in a one-half gallon or larger container OR when there is a total volume of one-half gallon or more of PCP, officers shall comply with Manual Section 4/540.72.

540.75 SEIZURES OF LARGE QUANTITIES OF CONTROLLED SUBSTANCES IN EXCESS OF THIRTY POUNDS NET WEIGHT.  The following procedures must be followed for seizures of large quantities of controlled substances estimated to be in excess of thirty pounds net weight. When booking Phencyclidine (PCP) in a one-half gallon or larger container or when there is a total volume of one-half gallon or more of PCP, officers must comply with Section 4/540.72 of the Department Manual.

Officer's Responsibility. Officers who seize quantities of a controlled substance in excess of thirty (30) pounds net weight, which are to be booked into Property Division, must:

  • Immediately notify the Officer in Charge, Complaint Filing Detail, Gang and Narcotics Division (GND), and the Hazardous Chemical Team, Scientific Investigation Division (SID).  When GND or SID is closed, notification must be made to Real-Time Analysis and Critical Response Division (RACR);

  • Ensure that SID responds to the scene and completes their responsibilities as detailed below under Scientific Investigation Division's responsibilities.  The officers responsible for the seizure must maintain control of the evidence and book it into Property Division;

  • Complete a Property Report in compliance with the following procedures:

o   If the controlled substance is found property with no follow-up investigation, and GND Property Disposition Coordinator (PDC) Supervisor approves, then no samples will be taken and the

    controlled substance will be weighed, packaged, and authorized for disposal;

o   The first item(s) on the Property Report must be a minimum of five random and representative smaples from the total remaining suspected controlled substance items and must be clearly

     identified as samples, and if the suspected controlled substance is marijuana, the five random samples may include leaves or buds;

   

    Note:  If the suspected controlled substance was recovered from multiple locations at the same address, the samples must be taken from a variety of locations (e.g., garage, bedroom, or living room).  If the suspected controlled substance was recovered from multiple addresses, the GND Property Disposition Coordinator Superviosr, after consulting with the Investigating Officer, must determine the amount of suspected controlled substance to be retained and the locations from which samples will be taken.

 

o    The next item(s) on the Property Report shall be a minimum of five random and representative samples from the total remaining suspected controlled substance items, be documented pursuant to subsection (f) in this Order, and be clearly identified as samples;

 

Note:  If the suspected controlled substance is marijuana, the five random samples shall include leaves or buds.  If the seizure was recovered from multiple locations, ensure that the samples provided are from a variety of locations (e.g., garage, bedroom, or living room).

 

o   The next item(s) on the Property Report will be the remaining suspected controlled substance items; and,

o   The final item(s) on the Property Report will be the remaining non-narcotic items.

  • Complete a Property Disposition/Update Request, Form 10.06.00, authorizing the disposition of the excess or found controlled substances while ensuring compliance with Section 11479 of the California Health and Safety Code, when applicable; and,

Note: Commanding officers may request the retention of such evidence by submitting an Intradepartmental Correspondence, Form 15.02.00, to Property Division within 10 calendar days of the date booked, detailing the rationale for retaining the evidence. The Commanding Officers of Property Division and GND will review the request and advise the requesting commanding officer of the decision.

  • Submit the completed Property Disposition/Update Request to the Property officer at the time of booking the controlled substance.

Scientific Investigation Division’s Responsibilities. When criminalists from SID are notified of the seizure of a controlled substance in excess of thirty (30) pounds net weight, which is going to be booked into Property Division, they will respond to the location where the narcotics are to be weighed and packaged. The seizure will be photographed by SID to reasonably demonstrate the total amount of the suspected controlled substance seized and to be destroyed. 

Scientific Investigation Division personnel will remove the required number of samples for testing, when required and weigh and package the controlled substance in accordance with Department procedures for packaging evidence. The net weight of the suspected controlled substance must be determined either by actually weighting the suspected controlled substance or by estimating the weight after completing dimensional measurements of the total suspected controlled substance.

Gang and Narcotics Division's Responsibility. When the Complaint Filing Detail, GND, is notified of a seizure of a controlled substance in excess of thirty pounds net weight, that is going to be booked into Property Division, they will respond to the location to provide advice, if necessary,  and ensure that the proper procedures for completing a Property Report and a Property Disposition/Update Report have been followed, as set forth in the Officer's Responsibilities section.

540.77 SEIZURES OF EXCESSIVE QUANTITIES OF NARCOTICS.

Excessive Quantities Defined. Excessive quantities of narcotics are those that exceed 500 pounds or more of cocaine, heroin, or other narcotic substance in powder or pill form; 100 pounds or more of plant material; or more than one‑half gallon of liquid phencyclidine (PCP).

Note: If any other chemicals or narcotic components are present at the location of the seizure, officers shall comply with Manual Section 4/212.49.

Officer’s Responsibility. Officers who seize excessive quantities of a controlled substance which are to be booked into Department facilities shall immediately notify the Complaint Unit, Gang and Narcotics Division, and the Hazardous Chemical Team, Scientific Investigation Division (SID). When either SID or Gang and Narcotics Division is closed, notifications shall be made to Detective Support and Vice Division.

The officers responsible for the seizure shall maintain control of the evidence until it is completely booked into existing or auxiliary property storage and they have been relieved of security of the evidence by a Metropolitan Division supervisor.

Gang and Narcotics Division’s Responsibility. Upon notification of a seizure of an excessive quantity of narcotics, the officer in charge of the Complaint Unit, Gang and Narcotics Division, shall:

  • Contact the commanding officer or, if unavailable, the watch commander of Property Division for the purpose of determining if the quantity seized will exceed the storage capacity of Property Division. If narcotics cannot be stored in existing facilities, the officer in charge of the Complaint Unit shall proceed with booking instructions provided by Property Division;

  • If necessary, contact Metropolitan Division for personnel to provide security at the seizure location;

  • If necessary, obtain a suitable vehicle to transport the seizure to an appropriate location such as a Property Division or SID facility or an auxiliary storage site; and,

  • If needed, provide a driver or arrange for Metropolitan Division personnel to drive the narcotics transportation vehicle.

Note: The Complaint Unit shall provide advice and guidance to officers assigned to entities other than Gang and Narcotics Division who seize excessive quantities of narcotics.

Property Division’s Responsibility. When a Property Division or SID facility receives a seizure of excessive quantities of narcotics which exceed normal narcotics storage capabilities, the commanding officer or, if unavailable, the watch commander of Property Division shall:

  • Determine if auxiliary storage must be used;

  • Contact Metropolitan Division for personnel to provide security at the Property Division facility or SID location in possession of the narcotics and during the narcotics transfer;

  • Contact Metropolitan Division to provide a driver for the narcotics transportation vehicle; and,

  • Obtain a suitable vehicle to transport the narcotics seizure to an auxiliary storage site.

Note: Property Division shall contact Emergency Services Division if a driver is needed for a tractor‑trailer type vehicle.

Scientific Investigation Division’s Responsibility. When notified of the seizure of an excessive quantity of a controlled substance which is going to be booked into a Department or auxiliary facility, criminalists from SID shall respond to the location where the narcotics are to be weighed and packaged. Scientific Investigation Division personnel will remove the required number of samples for testing, and weigh and repackage the controlled substance in accordance with Department procedures for packaging evidence.

Metropolitan Division’s Responsibility. Metropolitan Division shall develop site plans for auxiliary storage of narcotics and select an adequate auxiliary storage location when needed.

When notified by Property Division that a large seizure of narcotics will be temporarily stored in auxiliary storage the Commanding Officer, Metropolitan Division, shall:

  • As soon as possible, provide adequate personnel to secure the auxiliary storage;

  • Provide a driver for the transportation vehicle and delivery vehicle to the seizure location;

  • Transport the narcotics to auxiliary storage; and,

  • Maintain security until the seizure can be transferred and destroyed.

540.80 BOOKING PERISHABLES. Perishables, when practicable, shall be retained by the owner or agent (4/555.40). Price tags and labels shall be retained.

Note: Consideration shall be given to photographing the evidence prior to release.

When it is necessary to book perishable evidence, the Watch Commander, Central Property Section, shall be contacted for advice. (Ordinarily, perishables shall not be stored longer than 48 hours).

540.90 PROCESSING EVIDENCE SEIZED DURING SERVICE OF A SEARCH WARRANT. An employee seizing evidence during the service of a search warrant shall use the Property Report, Form 10.01.00, as the inventory attachment to the Return to Search Warrant (District Attorney's Office form). The inventory shall be reported to the court within 10 days after issuance of the warrant and shall include all property seized whether or not it was listed on the search warrant. Items seized, which were listed on the search warrant, shall be delineated on the Property Report (inventory attachment to the Return to search Warrant) under the heading "Seized Pursuant to the Search Warrant‑Listed."

Exceptions:  If items are seized which were not listed on the search warrant, they shall be listed on the Property Report (inventory attachment to the Return to Search Warrant) under the heading "Seized Pursuant to the Search Warrant‑Unlisted" and shall start with the next sequential item number. Officers must be prepared to articulate probable cause when unlisted items are seized during the service of a search warrant.

Note: Both "listed" and "unlisted" items seized during the service of a search warrant require a Court Order for Search Warrant Property, Form 10.18.00, authorizing disposition (4/565.10).

The current priority for listing booked property, i.e., narcotics, money, firearms, should be used under each heading (5/030.40).

An employee seizing copies of bank records or other documents obtained from a “third party” source (i.e. real estate documents, telephone and Internet service provider records) may use the Follow‑up Investigation Report, Form 03.14.00, as the inventory attachment when the copies are to be retained in the investigator’s case file. The Form 03.14.00 shall contain the following information:

  • Search Warrant number;

  • Date issued;

  • Name of judge issuing;

  • Court number;

  • Item seized; and,

  • The following statement:

    • "The copies of the records seized pursuant to this warrant and described above may be retained by the investigating officer. The investigating officer may dispose of the copies upon disposition of the case and expiration of the time limit for notice of appeal if no appeal is made."

543. WITHDRAWAL OF NARCOTICS EVIDENCE.

543.10 WITHDRAWAL OF NARCOTICS EVIDENCE FROM PROPERTY DIVISION. Employees shall only withdraw narcotics evidence from Property Division storage when required for:

  • Court;

  • Court-ordered destruction;

  • Administrative or other official hearing to which the officer has been subpoenaed; or,

  • Special purposes for which the approval of the Chief of Detectives has been obtained.

Department employees, including Los Angeles Fire Department Investigators, who withdraw and return property, or who request the transfer or release of property for any authorized purpose, shall provide the appropriate Department picture identification for verification of identity and provide a right thumbprint and signature on the Property Division Record.

543.20 WITHDRAWAL OF NARCOTICS FOR SPECIAL PURPOSES. Only narcotics which have been previously allocated for use by court order may be withdrawn for special purposes such as investigations or training.

Requesting Employee’s Responsibility. An employee requesting approval for the withdrawal of narcotics for special purposes from Property Division storage shall:

  • Complete an Intradepartmental Correspondence, Form 15.02.00, for the signature of the concerned commanding officer, with the following information:

    • Date and time of intended use.

    • Necessity of request (training, demonstration, etc.)

    • Identification of the narcotics source, including DR number and item number from the concerned report.

    • Type and quantity of narcotics necessary.

    • Proposed manner of use.

Note: The manner and necessity of the anticipated destruction of any narcotics used for special purposes shall be documented in the request.

  • Duration of use.

  • Benefits to the Department.

  • Employee responsible for withdrawal and return of the narcotics.

  • Submit the completed Form 15.02.00 to the concerned commanding officer for approval and signature;

Note: To ensure the required amount of security necessary for investigations involving the use of narcotics for special purposes, the Form 15.02.00 must be hand‑carried between levels of review and remain a confidential document to any employee outside the review process.

  • Upon the receipt of approval from the Chief of Detectives, obtain a court order to withdraw narcotics from the pre‑allocated portion stored at Property Division;

Note: The original court order setting aside the initial allotment of narcotics for use for special purposes is not generally a blanket order authorizing withdrawal. The requesting employee shall obtain a court order for each withdrawal from the allotment. Court orders setting aside allotments of narcotics for use in training only may be blanket orders, and withdrawals from this allotment do not require separate court orders.

  • Set up an appointment with a Chief Forensic Chemist, Scientific Investigation Division (SID), for analysis and weighing of the narcotics;

  • Present the approved request along with the court order to the Property Division commanding officer or designee; and,

  • Withdraw the requested narcotics and transport them to SID for examination.

Return of Narcotics-Employee's Responsibility. Upon completion of the use of the narcotics, the concerned employee shall:

  • Repackage all items, including transformed items;

  • After making an appointment with a Chief Forensic Chemist at SID, deliver the narcotics to SID for reanalysis and weighing;

  • Following examination of the narcotics by SID, return the narcotics to Property Division; and,

  • Complete a Follow‑Up Investigation Report, Form 03.14.00, containing the following information:

    • Explanation of any transformation, adulteration, or change to the narcotics.

    • If rebooked as evidence, the name and booking number the narcotics were booked to.

    • Dates and times narcotics were checked out, rebooked, or redeposited, and by whom.

    •    DR number of the new evidence booking, if rebooked as evidence.

    • Number of narcotic packages checked out and returned.

    • Weight of narcotics packages, individually and en masse, checked out and returned.

  • Forward a Form 15.02.00 approved by the concerned commanding officer, the completed Form 03.14.00, and a copy of the SID Analyzed Evidence Report, Form 12.20.00, documenting the analysis and weight of the narcotics, through channels to the Chief of Detectives, advising of completion of the use of narcotics for a special purpose.

Commanding Officer's Responsibility. The commanding officer of an employee requesting narcotics use for a special purpose shall review the request and, upon approval, sign and forward the Form 15.02.00 requesting authorization for the withdrawal of narcotics to the Chief of Detectives, via Gang and Narcotics Division, for appropriate action.

Exception:  When requesting the withdrawal of narcotics for a special purpose, the Commanding Officer, Internal Affairs Group, shall obtain approval from, and forward all related correspondence directly to the Chief of Detectives.

Commanding Officer, Gang and Narcotics Division's Responsibilities. The Commanding Officer, Gang and Narcotics Division, shall:

  • Ensure that an appropriate quantity of narcotics is set aside, via court order, at Property Division for use for special purposes;

  • Coordinate all requests approved by the Chief of Detectives with the requesting employee's commanding officer;

  • Forward all denied requests to the requesting employee's commanding officer;

  • Maintain a file of all approved and denied requests; and,

  • Upon approving a request for narcotics use, forward the Form 15.02.00 to the Chief of Detectives.

Exception: Requests from the Commanding Officer, Internal Affairs Group, shall be submitted to and handled by the Chief of Detectives.

Chief of Detectives Responsibilities. Upon receipt of a request to withdraw narcotics from Property Division, the Chief of Detectives shall:

  • Review the request;

  • Upon approval, return the original Form 15.02.00 to the Commanding Officer, Gang and Narcotics Division.

  • Maintain a file of all requests; and,

  • If the request is denied, forward the Form 15.02.00 along with the denial to the Commanding Officer, Gang and Narcotics Division.

Exception: Requests from Internal Affairs Group shall be forwarded to the Commanding Officer, Internal Affairs Group.

Property Division's Responsibilities. Property Division personnel involved in the withdrawal and return of narcotics evidence shall:

  • Verify the Department picture identification of the employee withdrawing the narcotics and obtain their right thumbprint and signature on the appropriate Property Division record;

  • Upon receipt of the original Form 15.02.00 bearing the signature of the Chief of Detectives and the original court order authorizing withdrawal of the specified amount of narcotics, release the specified amount of narcotics to the employee; and,

  • Maintain a file of the requests for withdrawal of narcotics authorized by the Chief of Detectives.

Scientific Investigation Division's Responsibilities. Scientific Investigation Division personnel involved in examination of narcotics to be used for a special purpose shall:

  • Verify the identification of the employee requesting examination of narcotics;

  • Analyze, package, seal, and weigh all narcotics packages individually and en masse upon checkout and return in the presence of the requesting employee;

  • Complete an Analyzed Evidence Report, Form 12.20.00, documenting the results of the testing and weighing of the narcotics; and,

  • Forward a copy of the analyzed evidence report to the Commanding Officer, Gang and Narcotics Division, and the requesting employee's commanding officer.

543.25 WITHDRAWAL OF NARCOTICS FOR CONTROLLED DELIVERY. Officers requesting withdrawal of narcotics for use in controlled deliveries shall follow procedures delineated in Manual Section 4/543.20.

Requesting Employee's Responsibility. An employee receiving approval for the withdrawal of narcotics for use in a controlled delivery shall:

  • Present the approved Form 15.02.00 along with the approved court order to Property Division;

  • Complete a Property Disposition/Update Request, Form 10.06.00;

  • Obtain a signature on a Property Court Receipt, Form 10.03, from the officer or case agent assuming responsibility for booking the narcotics in the jurisdiction delivered; and,

  • Return the Form 10.03 to Property Division as soon as possible.

Note: Property Court Receipt, Form 10.03.00, is generated by Property Division Personnel via the Automated Property Information Management System.

Property Division's Responsibility. Property Division employees involved in the withdrawal of narcotics for use in a controlled delivery shall:

  • Verify the Department picture identification of the employee requesting the narcotics and obtain their right thumbprint and signature on the appropriate Property Division record;

  • Ensure the employee requesting the narcotics completes a Form 10.03;

  • Provide a Form 10.10.00 to the employee requesting the withdrawal of narcotics; and,

  • Upon receipt of the original Form 15.02.00 bearing the signature of the Chief of Detectives and the original court order authorizing withdrawal of the specified amount of narcotics, release the specified amount of narcotics to the employee requesting.

543.30 EXIGENT CIRCUMSTANCES - APPROVAL. Narcotics may be removed from Property Division in exigent circumstances when needed for an ongoing investigation which requires the immediate use of narcotics. The concerned employee shall complete a Form 15.02.00, with all required information, requesting the immediate withdrawal of the narcotics and submit the Form 15.02.00 for the approval and signature of the concerned commanding officer. Upon review, the commanding officer shall obtain telephonic approval from the Commanding Officer, Gang and Narcotics Division. Upon approval, the concerned commanding officer shall obtain approval from the Chief of Detectives or the Assistant Commanding Officer, Detective Bureau, if the Chief of Detectives is unavailable.

The approved Form 15.02.00, bearing signatures obtained telephonically from the Commanding Officer, Gang and Narcotics Division; the Chief of Detectives or the Assistant Commanding Officer, Detective Bureau, shall be presented to Property Division along with the court order to obtain the evidence. A copy of the telephonically completed Form 15.02.00 shall be forwarded by the requesting Commanding Officer to the Chief of Detectives via the commanding officer, Gang and Narcotics Division and the Assistant Commanding Officer, Detective Bureau, the next administrative working day. If Property Division is closed, the concerned commanding officer shall contact Real-Time Analysis and Critical Response Division to dispatch an authorized Property Division employee to open the narcotics storage area.

Note: Officers assigned to Internal Affairs Group requesting narcotics to be removed in exigent circumstances shall, upon approval from the Commanding Officer, Internal Affairs Group, obtain approval from the Chief of Detectives or the Assistant Commanding Officer, Detective Bureau, if the Chief of Detectives is unavailable.

544.  PROPERTY SIGN - OUT.

544.10  LONG-TERM PROPERTY SIGN - OUT. When necessary, property is eligible for long-term sign-out for such reasons as a lengthy analysis, investigative needs, etc. A long-term sign-out may be obtained at the time of the initial sign-out or anytime thereafter.

With a long-term sign-out, property may be signed out for 60 days before a Notice of Overdue Signed-Out Property, Form 10.05.1, generated by Property Division’s Automated Property Information Management System, will be sent. A Notice will be sent every 30 days thereafter until the property has been returned to Property Division or a completed Property Court Receipt has been received by Property Division.

545. EVIDENCE TO COURT.

545.05 OBTAINING EVIDENCE FROM A PROPERTY DIVISION FACILITY FOR TRANSPORTATION TO COURT. Department employees, including Los Angeles Fire Department Investigators, who withdraw and return property, or who request the transfer or release of property for any authorized purpose shall:

  • Furnish the Property Officer with the DR number under which the property was booked;

  • Provide the appropriate Department picture identification for verification of identity and provide a right thumbprint and signature on the Property Division Record;

  • Present the subpoena or notice, covering all property requested for court or other administrative proceedings such as a parole or probation hearing;

  • Complete a transfer and release transaction on the appropriate property division record; and,

  • Be responsible for safeguarding such evidence until it has been received by the court or returned to storage.

Note: The Property Officer shall include the appropriate number of Property Court Receipts to the employee at the time the evidence is withdrawn.

Booking Employee. The employee who books evidence shall be responsible for transporting that evidence to court as follows:

  • In misdemeanor cases, including those where the defendant was originally booked on a felony charge and only a misdemeanor complaint was filed.

  • In juvenile cases.

  • In narcotic and dangerous drug cases.

Investigating Officer. The investigating officer shall be responsible for transporting evidence (except dangerous drugs and narcotics) in adult felony cases.

Expert Witness: The employee who is to offer expert testimony regarding an analysis shall transport evidence requiring special handling. The expert witnesses shall inform the investigating officer or booking officer of their intention to transport the evidence.

Note: No volatile or dangerous materials which include, but are not limited to, objects or substances found to contain Phencyclidine (PCP), any of its analogs, or either in any form shall be brought into any courtroom unless specifically requested by the court

545.10 OBTAINING ANALYZED EVIDENCE FROM THE EVIDENCE CONTROL UNIT, SCIENTIFIC INVESTIGATION DIVISION. An employee requesting analyzed evidence from the Evidence Control Unit (ECU), Scientific Investigation Division (SID), for court purposes shall:

  • Complete an entry on the SID Court Evidence Request Log maintained at all SID courier temporary storage lockers, and Central and Valley Property Sections, at least three court days prior to the scheduled court date;

Exception: An employee receiving a subpoena less than three court days prior to a scheduled court date may contact the ECU telephonically during business hours and request that the evidence be delivered by the SID courier to the SID courier temporary storage locker most convenient for pick up. Employees shall not sign out evidence at the ECU.

  • Request that the evidence be delivered to any SID courier temporary storage locker most convenient to the employee for pick up;

  • Prior to withdrawing the evidence from the SID courier temporary storage locker, notify the on-duty watch commander of the presence of the evidence and request the locker to be opened and the evidence to be removed;

Note: Any evidence which does not qualify for placement into temporary storage, e.g., PCP, explosives, etc., shall not be delivered to an SID courier temporary storage locker for court purposes.

  • Sign the Court Evidence Request Log accompanying the evidence, ensure that four copies of the Property Court Receipt are attached, and transport the evidence to court;

Note: If four copies of the Property Court Receipts are not attached, the employee can photocopy the additional number needed.

  • Following its presentation in court, return evidence on (the same day) to the SID courier temporary storage locker from which it was removed;

  • Request the on-duty watch commander to verify the packaging is intact and document the return on the Court Evidence Control Log;

  • If the item is needed in court the next calendar day, mark the Court Evidence Control Log and attach a note to the evidence indicating the evidence is needed for another day in court; and,

  • If an evidence package is opened in court, the court will order the employee to reseal the package "on the record." If an employee believes a sealed evidence package may be opened in court, the employee shall have in his or her possession extra evidence seals with which to reseal the package. In the event that the resealing is not entered "on the record," the employee shall reseal the package in the presence of an on-duty supervisor or the property officer receiving the item back into evidence at the location from which it was signed out.

Exception: If narcotics evidence is not ordered resealed by the court "on the record," the employee shall request to be allowed to reseal the evidence "on the record" prior to being released from the witness stand. Property Division facilities will not accept opened narcotics packages that have not been resealed "on the record."

Note: The Los Angeles County Municipal and Superior Courts have adopted a policy which states that all controlled substances as defined in 11007 H&S, which includes Schedule 1-4 narcotics as defined in 11054-11057 H&S, are hazardous materials. As such, they shall only be taken into a court in a sealed package.  This includes, but is not limited to, cocaine and marijuana. Manual Section 4/545.05 prohibits PCP, any of its analogs, or ether in any form from being brought into any courtroom unless specifically requested by the court.

Supervisor’s Responsibility. Supervisors witnessing the removal of evidence from SID courier temporary storage lockers for court shall:

  • Upon request, remove the evidence for court from the SID courier temporary storage locker;

  • Have the employee sign the Court Evidence Control Log and retain the log in the storage locker;

  • Deliver the evidence to the requesting employee;

  • Sign the Court Evidence Control Log in the "Supervisor Witness" box;

  • Upon return of the court evidence, verify the packaging is intact;

  • If the packaging has been opened, verify the package has been resealed;

  • Ensure the employee signs the Court Evidence Control Log in the appropriate space; and,

  • Sign the Court Evidence Control Log in the "Supervisor Witness" box.

Courier’s Responsibility. The SID courier transporting evidence to SID courier temporary storage lockers for court shall:

  • Place the requested item into the SID courier temporary storage locker with four copies of the Property Court Receipt;

  • Return to the ECU any evidence no longer needed for court, or any Property Court Receipts indicating the evidence has been retained by the court; and,

  • Document and notify the ECU if evidence is needed for subsequent days in court.

Scientific Investigation Division’s Responsibility. Upon being notified that evidence stored at SID is needed for court, concerned ECU personnel shall:

  • Ensure four copies of the Property Court Receipt are prepared and accompany the evidence requested;

  • Instruct the courier to transport the evidence to the requested SID courier temporary storage locker;

  • Maintain a control file of all evidence which is left in SID courier temporary storage lockers for subsequent days in court;

  • Maintain a control file of all requests and Property Court Receipts; and,

  • Forward the original copy of the Property Court Receipt to Records and Identification Division (R&I).

545.11 PHOTOGRAPHS OF VOLATILE OR DANGEROUS SUBSTANCES TO COURT.  An employee, receiving a subpoena in a case for which volatile or dangerous evidence was booked (4/545.10), shall:

  • Telephonically notify Photographic Section, Scientific Investigation Division, and request the photographs of the substance;

Note: If the request is made less than five (5) court days prior to the scheduled court date, the requesting employee shall pick up the photographs at Scientific Investigation Division.

  • Obtain a copy of the Analyzed Evidence Report, Form 12.20.00, of the evidence from Property Division.

  • Take the photographs and the Analyzed Evidence Report, Form 12.20.00, to court.

  • Retain the photographs and the Analyzed Evidence Report, Form 12.20.00, for future court use when not received into evidence.

545.13 PHOTOGRAPHS OF NARCOTICS EVIDENCE FOR COURT.

Officer’s Responsibility.  An employee having been subpoenaed for a narcotics court hearing shall:

  • Retrieve the photograph(s) of the narcotics from his/her Subpoena Control Officer (SCO) and take only the photographs to court; and,

  • Upon the completion of the court hearing, notify the SCO that the photograph(s) was admitted into court or return any photograph(s) to the SCO if they were not admitted or the case was continued.

Scientific Investigation Division’s Responsibility.  Scientific Investigation Division (SID) shall:

  • Photograph all narcotic evidence and maintain liaison with the Superior and Municipal courts to ensure the Department’s procedure for photographing narcotics evidence continues to be in compliance with the courts’ standards.

Subpoena Control Officer’s Responsibility.  The Subpoena Control Officer receiving the photographs from SID shall:

  • Maintain a file of the photographs by DR number and available for use by the served employee.

Property Disposition Coordinator’s Responsibility. The Property Disposition Coordinator (PDC), upon receiving instruction for the disposition of all narcotics booked in relation to a case shall notify the SCO that the related photograph(s) can be destroyed.

545.20 EVIDENCE RECEIVED BY COURT. When evidence is received by the court, the employee shall:

  • Have the court clerk sign and affix the court stamp to the Property Court Receipt. One copy of the Property Court Receipt may be retained by the court.

  • Two copies of the completed Property Court Receipt shall be returned to the location from which the evidence was signed out, no later than the next working day.

  • If the evidence was signed out from the SID courier temporary storage locker, the employee shall close out the entry on the Court Evidence Control Log and retain a copy of the completed Property Court Receipt if desired. The completed Property Court Receipt must be returned the same day the evidence was signed out.

Note: The courts have indicated they will no longer take physical custody of any hazardous material after it is admitted into evidence. The officer shall return the evidence to the sign out location.

  • If some evidence items are retained by the court and others are returned to the SID courier temporary storage locker or a Property Division facility, the employee shall have the court clerk sign the Property Court Receipt for the items retained. Indicate on the receipt which items were retained and which items were returned to storage.

Note: In the event that the court refuses to sign for any property retained in its possession, the employee shall telephonically notify the Property Division or SID facility from which the property was issued to enter a long-term court sign out status in APIMS. The name of the person notified shall be noted on the Court Evidence Control Log.

545.25 EVIDENCE PACKAGES OPENED IN COURT. If an evidence package is opened in court, the court will order the employee to reseal the package "on the record." If an employee believes a sealed evidence package may be opened in court, the employee shall have in his or her possession extra evidence seals with which to reseal the package. In the event that the resealing is not entered "on the record," the employee shall reseal the package in the presence of an on-duty supervisor or the property officer receiving the item back into evidence at the location from which it was signed out. The supervisor or property officer shall sign the receipt and include his or her serial number. The Property Court Receipt shall indicate which items were returned.

Exception: If narcotics evidence is not ordered resealed by the court "on the record," the employee shall request to be allowed to reseal the evidence "on the record" prior to being released from the witness stand. Property Division facilities will not accept opened narcotics packages that have not been resealed "on the record".

545.30 EVIDENCE RELEASED IN COURT. If property transported to court is not received into evidence, and is no longer needed for court proceedings, and the investigating officer (I/O) intends to release any or all of the items to an owner or agent, the I/O and the owner/agent shall return to the sign-out location to complete the necessary release procedures. Property is not eligible for release at court if it was signed out for court purposes. If the owner/agent is not able to return with the officer, he/she shall be instructed to return to the original property sign-out location during operating hours. The I/O shall ensure that disposition instructions are entered into APIMS by the Property Disposition Coordinator (PDC), as soon as possible.

Exception: Money booked as evidence in connection with a gambling arrest (4/565.30) or property booked as contraband, shall not be released to a claimant unless so ordered by the court.

Note: If the court has received the evidence into its custody and chooses to release it to a concerned party while at court, it is allowed to do so. The investigating officer shall return each signed Property Court Receipt, Form 10.03, to the property sign-out location.

An employee shall not solicit or receive any firearm or other property from a criminal court, unless the employee was the legal owner of the property at the time of its seizure.

545.40 PROPERTY RETURNED FROM COURT. Immediately following a court appearance, property which is not accepted by the court shall be returned to the property room from which it was withdrawn. If the property room is closed, the transporting officer shall place the property in the approved interim storage container and document the return of the property on the Property Division Booking Record, Form 10.04.00. The date and time the property was returned shall be noted in the "Court Return" column.

If evidence was signed out from the ECU via the courier unit, the evidence shall be returned to the appropriate courier temporary storage locker from which it was removed on the same day. The "Package or Receipt Returned By" box on the Court Evidence Control Log shall be appropriately completed.

When disposition instructions can be determined, a completed Property Disposition/Update Request, Form 10.06.00, shall accompany the returned property.

Note: When property is to be placed in interim storage, the concerned watch commander or officer in charge shall verify the accuracy of each entry on the Form 10.04.00 by initialing the "W/C" column.

550. DISPOSITION OF PROPERTY.

550.05 DISPOSITION OF PROPERTY - RESPONSIBILITY.

Area/Specialized Division, Commanding Officer. Area/specialized division, commanding officers shall designate an employee under their command as the Property Disposition Coordinator (PDC). The PDC shall be responsible and accountable for each Property Disposition/Update Request, Form 10.06.00, and Property Disposition Request Summary, Form 10.06.01, received.

Note: The PDC shall be assigned as a member of the Area/specialized division commanding officer's staff and, within Areas, this position shall not be delegated to patrol or detective divisions.

Property Disposition Coordinator’s Responsibility. The duties of the Property Disposition Coordinator (PDC), shall include, but are not limited to:

  • Obtaining the monthly Disposition Summary Report, Form 10.06.01, by the seventh day of each month;

Exception: Previously identified specialized units that do not have full-time PDCs will be sent the Disposition Summary Report by Property Division. The Report must be completed and returned to Property Division by the 25th day of the month.

  • Conducting all preliminary case research;

  • Accessing the appropriate automated court systems and Department records, in the furtherance of case research;

Note: The system to be accessed include, but are not limited to, the Network Communications System (NECS), the Consolidated Crime Analysis Database (CCAD), the Prosecutor’s Management Information System (PROMIS), the Municipal Court Information Management System (MCIS), and the Expanded Traffic Record System (ETRS).

  • Providing disposition instructions for all narcotics booked in relation to a case and shall notify the Subpoena Control Officer (SCO) that the related photograph(s) can be destroyed;

  • Providing disposition instructions for all non-firearm-related misdemeanor cases and property booked as non-evidence;

  • Forwarding the Item Detail Summary, Form 10.06.2, with the preliminary case research information for all felonies, and misdemeanors involving firearms, to the detective commanding officer for distribution to the appropriate investigating officer (I/O);

Note: If case research indicates that an “Investigative Hold” is appropriate for any case, the PDC may place a hold without the I/O’s approval.

  • Updating the Primary Investigative Unit (PIU) responsibility section when investigative responsibility for booked property has been transferred to another entity. The DR number shall be “Rerouted” to the assuming I/O’s division and the “Related Employee” section updated with the I/O information. Once the PIU responsibility has been transferred, an “Investigative Hold” should be placed on the property;

Note: Responsibility for the disposition of booked property shall not be rerouted to other Areas/divisions as a result of personnel transfers. The PDC shall telephonically contact the transferred employee(s) if needed.

  • Updating APIMS by the last day of the month;

  • Retaining all signed Item Detail Summaries in accordance with records retention requirements for original documents;

  • Ensuring that co-defendants are listed as additional suspects or arrestees in APIMS;

  • Performing ad-hoc queries in APIMS as requested; and,

  • Updating APIMS when a completed Form 10.06.00, with disposition instructions is received prior to the DR number appearing on a Disposition Summary Report.

Detective Commanding Officer’s Responsibility. Upon receipt of an Item Detail Summary, the detective commanding officer shall:

  • Distribute the Item Detail Summary to the I/O responsible for the disposition instructions;

  • Ensure that each completed Item Detail Summary contains all required information; and,

  • Ensure that each completed Item Detail Summary is returned to the PDC by the 20th day of each month.

Investigating Officer’s Responsibility. Upon receipt of an Item Detail Summary, investigating officers shall:

  • Ascertain the correct disposition instructions for each Item Detail Summary;

  • Ensure that co-defendants are listed as additional suspects or arrestees in APIMS;

  • Complete the Item Detail Summary by entering the appropriate disposition instruction(s) such as: Investigative Hold, Authorized for Release, Authorized for Disposal, or Reroute;

Note: Holds on property shall not exceed six-month increments with the exception of property booked in connection with homicide, rape, or officer-involved shooting investigations. Such holds may be placed in one-year increments.

  • Include the designated recipient’s full name and address, and item numbers when property is to be released;

Note: Investigating officers are required to sign the Item Detail Summary for items authorized for disposal or release.

  • Complete a Property Disposition/Update Request, Form 10.06.00, and forward it to the PDC for input into APIMS if an Item Detail Summary has not been generated and property is available for release or disposition; and,

  • Present a completed Property Disposition/Update Request to a property officer if property must be immediately released to a waiting individual and the PDC is not available. The property officer shall input the release instructions into APIMS and release the property.

Note: If property is booked at another Property Division facility, a property officer shall input the release instructions into APIMS and refer the person to whom the property is being released to the appropriate property room.

A teletype to a Property Division facility in order to release property is appropriate only when a PDC or Area property officer is not available and an immediate release is necessary.

550.10 DISPOSITION AUTHORIZATION. Authorization for property disposition (Investigative Hold, Authorized for Release, Authorized for Disposal, or Reroute) may be given only by the investigating officer, booking officer, or Property Disposition Coordinator (PDC). Authorization will be effected by:

  • Completing a Property Disposition/Update Request and submitting it to the property officer at the time of booking; or,

  • Forwarding it to the PDC for input into the Automated Property Information Management System (APIMS); or,

  • Presenting a completed Property Disposition/Update Request to a property officer if property must be immediately released to a waiting individual and the PDC is not available; or,

  • Obtaining approval from the Director, Office of Special Operations, for the pre-trial narcotics destruction of excess quantities of controlled substances, per Manual Section 4/552.02.

Note: If property is booked at another Property Division facility, a property officer will input the release instructions into APIMS and refer the person to whom the property is being released to the appropriate property room.

Advisement via telephone or email to a Property Division facility in order to release property is appropriate only when a PDC or Area property officer is not available and an immediate release is necessary.

Exception: Property Division employees will authorize the disposition of released property that remains unclaimed.

Employees responsible for authorizing the disposition of property will cause the immediate release of an arrestee's property when the employees become aware that:

  • The arrestee is released from custody and no charges are filed; and,

  • The property is no longer required for investigation or prosecution; and,

  • There is no legal basis to justify holding the property.

Note: When the property is not released, the arrestee should be advised of the reason for retention and, if appropriate, the procedures required to obtain the property. Property must be released only to the person authorized on a Property Disposition/Update Request, Property Owner's Notification, Power of Attorney, or to an agent designated by the property owner in a notarized letter addressed to the Department.

550.12 CHARGE-BASED EVIDENCE DISPOSITION. The investigative unit having responsibility for the filing of a booking charge shall also be responsible for filing any additional charges for which prima facie evidence exists in the arrest report. However, if another Department entity is better suited to handle the follow‑up investigation and subsequent disposition of property, that responsibility may be transferred after mutual agreement. The following procedures shall be adhered to when conducting follow‑up investigations and determining disposition of evidence booked in connection with investigations and arrests.

Investigations and Arrests by Investigative Personnel. Investigating officers (I/Os) including Area Narcotics Enforcement Detail,  who book evidence as a result of an arrest, investigation, or for any other reason shall be responsible for the follow‑up investigation and disposition of that evidence.

The I/O shall confer with any other Department entity handling a case involving the booked property to determine the responsibility for disposition of the property. If none, the I/O shall confer with the Department entity having sufficient expertise and determine if that entity will assume the responsibility for the follow‑up investigation and disposition of the property.  If none, the I/O will retain responsibility for the follow-up investigation and disposition of that property.

Note:  The concerned I/O shall continue to be responsible for obtaining an approved Court Order for Search Warrant Property, Form 10.18.00, prior to authorizing disposition of evidence seized pursuant to a search warrant (4/565.10).

Felony Investigations and Arrests by Uniformed or Non‑Investigative Personnel. The responsibility for the follow‑up investigation and authorization of evidence disposition is determined by the booking charge. Reports shall be distributed to any division handling a case which involves the booked evidence.

Follow‑up investigation and evidence disposition responsibilities for felony cases are as follows:

  • Adults or Juveniles Booked on a Felony Non‑Narcotics Charge: The follow‑up investigation and disposition of all evidence in all cases for which an adult or juvenile arrestee was booked on a felony non‑narcotics charge (except those cases handled by traffic or specialized detective divisions or any other Department entity responsible for the  follow-up investigation of felony crimes) shall be the responsibility of the concerned Area detectives. If the arrest involves additional narcotics charges, the concerned Area detectives shall also file related narcotics charges and perform related investigation and disposition of evidence.

  • Adults Booked on a Felony Narcotics Charge: The follow‑up investigation and disposition of all evidence for which an adult arrestee was booked on a felony narcotics charge shall be the responsibility of Gang and Narcotics Division (GND). Gang and Narcotics Division shall also file non‑narcotics charges for which prima facie evidence exists in the arrest report and perform the related investigation and disposition of evidence.

Note: Prior to filing non‑narcotics charges, GND detectives shall contact each detective division which is currently handling a case involving the booked property or which may be interested in developing a case involving the property. If no other entity is handling a case involving the booked property, the I/O shall confer with the Department entity having sufficient expertise to determine if that entity will assume the responsibility for the follow‑up investigation and disposition of property.

Juveniles Booked on a Felony Narcotics Charge: The follow‑up investigation and disposition of all evidence for which a juvenile arrestee was booked on a felony narcotics charge shall be the responsibility of the concerned Area detectives. The concerned Area detectives shall also file non‑narcotics charges for which prima facie evidence exists in the arrest report.

Adults and Juveniles Booked Together on a Felony Narcotics Charge: The follow‑up investigation and disposition of all evidence in cases involving adults and juveniles arrested together shall be handled by the concerned Area detectives.

Misdemeanor Investigations and Arrests by Uniformed or Non‑Investigative Personnel. Authorization for the disposition of evidence for misdemeanor cases, including felony cases filed as misdemeanors, shall be the responsibility of the concerned PDC.

Note: The GND PDC shall be responsible for 11550 H&S (Being Under-the-Influence of Controlled Substances) misdemeanor evidence. The concerned Area detectives PDC shall be responsible for juvenile misdemeanor narcotics arrests.  The Juvenile Division shall be responsible for child abuse‑related evidence for assigned cases.

Transfer of Investigative Responsibility. When the follow‑up investigation is outside the I/O area of expertise, the responsibility for the follow‑up investigation may be transferred. The commanding officer of the original I/O shall confer with the commanding officer of the entity having expertise regarding the transfer of responsibility for follow‑up investigation and subsequent property disposition.

When the responsibility for the follow‑up investigation and disposition of property is transferred from one division to another, the commanding officer of the transferring division shall ensure that a Follow‑up Investigation, Form 03.14.00, is completed. One copy of the Form 03.14.00 shall be kept in the concerned case package at the original division, one copy shall be forwarded to the receiving division's I/O, one copy to the assuming division's PDC, and one copy to the transferring division's PDC.

When an I/O assumes investigative responsibility for a case in which property has been booked under another division's DR number, the I/O shall ensure that the Primary Investigative Unit (PIU) responsibility in the Automated Property Information Management System is transferred to the assuming I/O's division. The assuming division's I/O shall notify his/her PDC who shall "Reroute" the concerned DR number to the assuming I/O's division. Once the PIU responsibility has been transferred, the PDC should place an "Investigative Hold" on the property.  The PDC shall use the assuming division's I/O's serial number to authorize the Investigative Hold.  This automatically updates the "Related Employee" section with the assuming I/O's information.

If the entity with expertise elects not to conduct the follow‑up investigation, the originator shall complete a Detective's Case Progress Log, Form 01.44.00, documenting such, including the declining officer's name, serial number, and unit of assignment. The original entity shall then maintain responsibility for the follow‑up investigation and property disposition.

550.20 RELEASE NOTIFICATIONS. When a PDC enters release instructions into APIMS, a Property Owners Notification, Form 10.14.00, will automatically be generated. Property Division personnel are responsible for mailing the notice.

Exception: If no deliverable address exists (i.e., 1942 Transient), the property shall be authorized for release in the Automated Property Information Management System (APIMS). However, there is no requirement to send the Property Owner’s Notification via United States mail.

Note: When evidence is to be released to an arrestee who is in custody, the investigator or arresting officer shall inform the arrestee to obtain the evidence at the location where it is being stored.

The property shall be held in the Area of booking for a minimum of ten days following notification, at which time it may be transferred to Central Property Section or Valley Property Section.

550.25 DISPOSITION OF COUNTERFEIT CURRENCY. Counterfeit currency shall be “Authorized for Release” to the United States Secret Service under the “Government Agent” code.

Property Division shall transfer counterfeit currency to Central or Valley Property Section pending relinquishment to the United States Secret Service.

550.30 DISPOSITION OF LICENSE PLATES. When license plates are no longer needed as evidence, they shall be “Authorized for Disposal” by the concerned employee.

Property Division shall transfer the license plates to Central or Valley Property Section pending relinquishment to the California Department of Motor Vehicles (DMV). License plates shall not be released to individuals. Persons requesting the release of license plates shall be referred to the DMV.

Exception: Personalized license plates are eligible for release to the owner or agent. If the owner or agent cannot be located, the license plate shall be “Authorized for Disposal.”

552. DESTRUCTION OF EVIDENCE.

552.02 PRE ‑ TRIAL AUTHORIZATION FOR THE DESTRUCTION OF LARGE QUANTITIES OF CONTROLLED SUBSTANCES.  This Section delineates procedures for pre-trial authorization for the destruction of large quantities of controlled substances that were not authorized for destruction at the time of booking.

Responsibility of Commanding Officer, Property Division. Upon determining that a quantity of a booked controlled substance,  exceeding the limits defined in Health and Safety Code Section 11479 et seq., poses a security or storage problem, the Commanding Officer (CO), Property Division, will direct a LAPD Pre‑Trial Narcotics Destruction Authorization, Form 10.11.00, via the Assistant to the Director, Office of Special Operations (OSO) to the CO, Gang and Narcotics Division (GND).

Responsibility of Commanding Officer, Gang and Narcotics Division. The CO, GND, will review and facilitate requests for the pre‑trial destruction of excessive quantities of controlled substances submitted by the CO, Property Division.

Upon receiving a LAPD Pre‑Trial Narcotics Destruction Authorization, the CO, GND, will direct a member of GND to investigate the controlled substance for pre‑trial destruction.

Upon determining the narcotics can be destroyed, the CO, GND, will forward the LAPD Pre‑Trial Narcotics Destruction Authorization to the Director, OSO, requesting the destruction of the controlled substance.

When circumstances indicate that pre‑trial destruction of narcotics would be inappropriate, the CO, GND, will explain the reason for non‑destruction in the narrative portion of the LAPD Pre‑Trial Narcotics Destruction Authorization and return the signed form to the CO, Property Division.

Note: Appeals to the decision of the CO, GND, may be made telephonically to the CO, GND, and the Assistant to the Director, OSO, if critical to storage or security.

Responsibility of the Assistant to the Director, Office of Special Operations. The Assistant to the Director, OSO, will review the LAPD Pre‑Trial Narcotics Destruction Authorization and upon approval or disapproval, will forward the form to the CO, Property Division.  The Director, OSO, has the final authority to approve the destruction of excess quantities of controlled substances that were not authorized for destruction at the time of booking.

552.05 DESTRUCTION OF NARCOTICS.

Commanding Officer, Property Division. The Commanding Officer, Property Division, shall be responsible for the following:

  • Completing all budget requests and maintaining contractual agreements with narcotics disposal sites;

  • Forwarding an Interdepartmental Correspondence, Form 15.02.00, Assistant to the Director of the Office of Special Operations (OSO) thirty days prior to the destruction that describes the narcotics to be destroyed; and,

Note: The 15.2 shall be marked “CONFIDENTIAL” and shall be hand delivered to the Assistant to the Director of  OSO in a sealed envelope.

  • At the direction of the Assistant to the Director of OSO, make sufficient Property Division personnel available to assist in the destruction.

Commanding Officer, Scientific Investigation Division (SID).  The Commanding Officer, SID, shall be responsible for the following:

  • At the direction of the Assistant to the Director of OSO, make sufficient SID personnel available to assist in the destruction;

  • Determining whether of not the narcotics destruction necessitates the assignment of the Hazardous Chemicals Team to the narcotics destruction site; and,

  • Upon completion of the analysis of the narcotics random samples, direct an Intradepartmental Correspondence to the Assistant to the Director of OSO detailing the results of the analysis.

Commanding Officer, Gang and Narcotics Division. The Commanding Officer, Narcotics Division (GND), shall be responsible for the following:

  • Ensuring that all narcotics scheduled for destruction will not jeopardize a criminal investigation or court case;

  • Preparing and providing any pre or post-destruction documents to the court(s) or prosecutor(s) and to the Assistant to the Director of OSO;

  • At the direction of the Assistant to the Director of OSO, make sufficient personnel available for monitoring the examination, weighing and testing of those randomly selected items scheduled for destruction, and for the actual destruction of narcotics.

Commanding Officer, Metropolitan Division. The Commanding Officer, Metropolitan Division shall be responsible for the following:

  • Providing adequate security for the destruction of narcotics;

Note: This includes developing a security plan for each destruction and submitting it to the Assistant to the Director of OSO for approval prior to the destruction date.

  • Making sufficient personnel available to the Assistant to the Director of OSO for the destruction.

Assistant to the Director of the Office of Operations (OO). The Assistant to the Director of OO is in charge of each narcotics destruction. This includes:

  • Developing a written plan for each destruction;

  • Inventorying the narcotics;

  • Identifying the narcotics to be re-tested and the manner in which the re-testing is to occur; and,

  • Overseeing the work of all commands involved in the destruction.

Note: The Assistant to the Director, Office of Operations may delegate his/her authority regarding the destruction of evidence to an appropriate staff officer.

The Assistant to the Director of OO also has the authority to require the temporary reassignment of personnel throughout the Department to assist in the narcotics destruction. Generally, those personnel should be from non-operational commands and shall not have been involved in any investigation resulting in the seizure of the narcotics to be destroyed.

Exception: Internal Audits and Inspections Division should not be involved in the destruction of narcotics, though they may provide their random sampling expertise to the Assistant to the Director of OO.

The Assistant to the Director of OO shall complete and maintain a full report for each destruction and review those reports prior to each destruction to prevent the development of a predictable pattern.

Note: Depending upon the amount of narcotics to be destroyed, each destruction usually requires the assignment of four to ten people for about two weeks.

552.07 DESTRUCTION OF HAZARDOUS MATERIAL CONTROLLED SUBSTANCE MIXTURES.

Scientific Investigation Division’s Responsibility. When in a field situation, upon identifying the presence of methamphetamine reaction mixtures, the Scientific Investigation Division Hazardous Chemicals Team personnel shall, in full compliance with Section 11479 H&S and sound investigative practice:

  • Take samples from all containers to be destroyed;

  • Cause photographs to be taken which depict the total amount of the substances, or the containers of the sampled substances, to be destroyed;

  • Obtain gross weights and volumes by direct measurement, or by an estimate based upon dimensional measurement;

  • If it can be accomplished safely, cause those containers which are to be destroyed to be processed for latent fingerprints;

  • Cause samples of the reaction mixtures to be booked. The gross amounts seized, and dispositions of bulk materials, shall be listed on the property report;

  • Provide a copy of the property report to Internal Audits and Inspections Division; and,

  • Cause the bulk of the material to be destroyed following the procedure for a regular authorized destruction.

Upon making the determination that a hazardous chemical/controlled substance mixture cannot be safely stored in available Scientific Investigation Division facilities, Scientific Investigation Division shall:

  • Notify the contract hazardous waste hauler of the need for a pickup;

  • Pack the substances to be destroyed in the manner required for shipment. (This is done by the hauler in the presence of Scientific Investigation Division personnel who place tamperproof numbered metal seals on the drums;)

  • Initiate a California Uniform Hazardous Waste Manifest, noting the numbers of the metal seals applied to the drums. The mixture shall be listed on the manifest and the containers labeled as: "Hazardous Material NOS. Drug laboratory waste with poisonous and corrosive properties. Do not open. Wear gloves and respiratory protection;"

  • Ensure that a copy of the California Uniform Hazardous Waste Manifest and Certificate of Destruction is received from the destruction facility in a timely manner;

  • Ensure that the numbered seals cut off the containers by the destruction vendor are returned with a certificate that the containers were received with the seals intact;

  • Complete an affidavit certifying destruction and present it to the court of jurisdiction;

  • Forward copies of both the Certificate of Destruction and the affidavit to the Internal Audits and Inspections Division for audit and control purposes; and,

  • Forward copies of both the Certificate of Destruction and the affidavit to Property Division to complete the destruction process by entering the destruction information in Department records.

Upon being notified of pretrial destruction authorization for a hazardous chemical/controlled substance mixture, Scientific Investigation Division shall:

  • Cause the required samples, photographs and measurements, in compliance with 11479 H&S, to be taken.

  • Follow the same procedures as for notification of a regular authorized destruction.

Property Division’s Responsibility. Upon receipt of the Certificate of Destruction and the affidavit certifying destruction, Property Division shall complete the destruction process by entering the destruction information into Department records.

552.10 DESTRUCTION OF FIREARMS.

Commanding Officer, Property Division -  Responsibility. Upon determining that a firearms destruction should be scheduled, the Commanding Officer, Property Division, shall make all necessary arrangements. The Commanding Officer, Property Division shall be responsible for:

  • Determining the number of firearms to be destroyed;

  • Complying with Penal Code Section 18005(c);

  • Determining the date, time and location of the destruction;

  • Arranging transportation; and,

  • Obtaining security for the firearms destruction from another Department entity.

Firearms scheduled for destruction are available for consideration by Metropolitan Division, Training Division, and Scientific Investigation Division.  Identified firearms will be made available for convertible property for training and/or tactical purposes.  Requests for the retention of firearms scheduled for destruction shall be made through the requesting entity's chain of command to the Assistant to the Director, Office of Special Operations.

555. RELEASE OF PROPERTY.

555.10 RELEASE OF PROPERTY - GENERAL. Property may only be released to:

  • A law enforcement agency or court.

  • The owner, or owner's agent.

  • A qualified finder.

When evidence or non‑evidence is released, the person receiving the property shall be required to sign a Property Court Receipt, Form 10.3.

Any other person seeking the release of such property, and all persons seeking the release of contraband (or property that could be considered as such), shall be advised that the property can be released only as a result of either:

  • A written opinion of the City Attorney, OR,

  • A valid court order.

555.20 RELEASE TO AGENT. Whenever property belonging to an organization or company is to be released to an agent, the investigating officer completing the Property Disposition/Update Request, Form 10.06.00, shall indicate the name of the individual/agent in the organization or company to whom the property should be released on the "Name" line of the Form 10.06.00. If the organization is a government agency, no name is necessary. If no name is indicated on the Form 10.06.00, the property shall be released in accordance with procedures for designating agents established by the Commanding Officer, Property Division.

Note: Property belonging to the Los Angeles City School System shall be released to Board of Education Security Section personnel only.

Property Division personnel and personnel assigned to Area/division property rooms shall release property to the agents of individuals in accordance with identification and agent designation criteria established by the Commanding Officer, Property Division.

Exception: Arrestee's personal property (4/645.23).

555.30 RELEASE OF EVIDENCE RETAINED BY COURT. Persons inquiring about the release of property which has been received and retained in evidence by a court shall be referred to:

  • The clerk of the court in which the trial was held, in a misdemeanor case.

  • The County Clerk, 210 West Temple Street, in a felony case, if the defendant was held to answer.

  • The clerk of the court in which the preliminary hearing was held, if the defendant was not held to answer.

Note:  An employee shall not solicit or receive any firearm or other property from a criminal court, unless the employee was the legal owner of the property at the time of its seizure.

If property transported to court is not received into evidence; is no longer needed for court proceedings, and the investigating officer (I/O) intends to release any or all of the items to an owner or agent, refer to Manual Section 4/545.30 for the release procedures.

555.40 PRETRIAL RELEASE OF EVIDENCE. When the investigating officer determines that the release of evidence would not jeopardize a prosecution, it may be released to the owner or person in lawful possession of the property who shall be advised to retain it until the case reaches a final disposition.

Note: Photographs of such evidence shall be retained in the Investigator's Case Envelope, Form 15.15.00, or, if no arrestee, booked as evidence.

555.50 RELEASE OF NON ‑ EVIDENCE.

Property Disposition Coordinator Responsibility. The PDC shall authorize the release of non‑evidence to the owner or a finder who submits a claim under the following conditions:

  • If the owner waives title to the property in writing; or,

  • If the property has remained unclaimed for 97 calendar days following notification to the owner of its availability; or,

  • If ownership is not established within 97 calendar days of the date booked.

Exception: Such property shall not be released to employees of the City or of another public service agency who found the property while acting within the scope of their employment.

Property Officer’s Responsibility. Property Officers shall complete a Form 10.06.00 for non‑evidence and forward it to the PDC for disposition instructions under the following conditions:

  • If ownership can be determined at the time of booking or at any time subsequent to booking; or,

  • If a finder submits a claim for the property.

As required by law, non‑evidence shall be disposed of after it has been in Department custody for 97 calendar days and has not been claimed.

Exception: Unclaimed bicycles shall be disposed of in accordance with current Los Angeles Municipal Code provisions.

555.60 RELEASE OF DISPUTED PROPERTY. An employee who becomes aware of a disputed ownership claim for booked property shall not authorize its release.

Note: The claimants shall be supplied with the DR number, the name of the person to whom the property is booked, and the date of booking when known, and shall be referred to the Property Claims Officer (2/345.20).

555.70 RELEASE OF LICENSE PLATES. License plates shall not be released to individuals. Persons requesting the release of license plates shall be referred to the DMV.

Exception: Personalized license plates are eligible for release to the owner or agent. If an owner or agent cannot be located, the license plates shall be “Authorized for Disposal.”

560. LEGAL PROCESS FOR RELEASE OF PROPERTY (3/425.15, 3/425.30, 4/565.20).

560.05 COURT ORDERED NARCOTIC EVIDENCE SPLITS. An authorized representative from a private laboratory, in possession of a court order requesting a narcotics sample from this Department, shall normally present the court order to the Property Claims Officer, Property Division, during the hours of 0830 to 1200 (3/425.10).

Property Claims Officer’s Responsibility. When presented with a court order requesting the release of a sample of a controlled substance which is of evidentiary value, the Property Claims Officer shall inspect it to determine that:

  • The court order is stamped with an official seal and filed with the concerned court, and,

  • The court order bears the signature of the issuing judge, and,

  • The court order describes the case by LAPD DR number, date of arrest, booking number, name of defendant and the name and business address of the defendant's attorney.

If the court order appears valid, the Property Claims Officer shall:

  • Immediately forward the court order to the office of the Assistant to the Director, Office of Special Operations (3/425.15).

  • Notify Litigation Processing Section by telephone and provide the necessary information for Legal Process Log (3/425.20).

  • Advise the private laboratory representative of the anticipated date and time the narcotics sample will be available.

Note: When the validity of the court order appears questionable, the process server shall be referred to the Assistant to the Director, Office of Special operations, who will make the determination to accept or refuse the court order.

Assistant to the Director, Office of Special Operations' Responsibility. Upon receiving a valid court order from the Property Claims Officer, the Assistant to the Director, Office of Special Operations shall:

  • Authorize the release by notifying the Laboratory Liaison Detective, Gang and Narcotics Division, of the impending release of a narcotic controlled substance (3/425.15).

  • Cause the court order to be delivered to the Commanding Officer, Scientific Investigation Division.

Gang and Narcotics Division-Laboratory Liaison Detective's Responsibility. When authorized to release a sample of a narcotic controlled substance, the Laboratory Liaison Detective shall:

  • Remove the evidence package from Property Division and deliver it to a narcotics analysis chemist at Scientific Investigation Division; and,

  • After completion of the split, deliver the narcotic split container back to the Property Claims Officer, who will release it to the private laboratory representative.

  • Replace the evidence package into Property Division.

Scientific Investigation Division-Narcotics Analysis Chemist's Responsibility. Upon receiving a Narcotic Evidence Package from the Laboratory Liaison Detective, the chemist shall:

  • Make the evidence split; and,

  • Record the following information on the court order:

  • Type of narcotics split.

  • Amount and weight of sample.

  • Sign and date the court order and place it inside the evidence package.

  • Reseal the evidence package.

  • Give the split and the evidence package to the Laboratory Liaison Detective.

Note: When the Scientific Investigation Division chemist determines that the concerned narcotic has not previously been analyzed, he/she shall, in all cases, conduct his/her routine analysis prior to any narcotic splitting. If, after the standard analysis, there is not sufficient narcotics remaining to provide a sample, the concerned private laboratory will be so notified by the Property Claims Officer.

560.10 RELEASE OF CREDIT CARDS. Credit cards which are no longer of evidentiary value shall only be released to an agent of the issuing company.

In all other instances, credit cards shall be destroyed, unless otherwise ordered by a court.

560.30 RELEASE WHEN IDENTIFYING MARK HAS BEEN ALTERED OR DESTROYED.

Release. When property other than a firearm or bicycle has had the serial number removed, defaced, covered, altered, or destroyed, and the property is to be released, the employee authorizing release shall:

  • Inform the claimant of the provisions of Penal Code Section 537(e).

  • Obtain the claimant's consent to renumber the item.

  • Cause the property to be transferred to Central Property Section or Valley Property Section for renumbering.

Note: When permission to have the item renumbered is refused, the claimant shall be advised that the item cannot be released.

New Identifying Number. The new identifying number shall consist of the letters "LA" followed by the DR number. When multiple items are booked under the same DR number, a letter, commencing with the letter "A" and continuing alphabetically with each additional item, shall be etched following the DR number.

Property Officer's Responsibility. A Property Officer shall inspect all property coming within the purview of Penal Code Section 537(e). When a Property Officer determines that an item of property requires renumbering, he/she shall notify the investigating officer. When authorized by the investigating officer, the Property Officer shall transfer the property to Central Property Section or Valley Property Section for numbering.

Property Division's Responsibility. To avoid duplication of identification numbers, a Property Officer shall:

  • Check the file of renumbered property prior to etching a new identification number.

  • Update the file with a detailed description of the renumbered property, including the new identification number.

560.35 SEIZURE OF FIREARMS. When an officer seizes a firearm involving a threat to human life or a physical assault, the officer shall seize the firearm in accordance with this Section and if Domestic Violence is involved, Penal Code (PC) Section 18250, officers shall:

  • Determine if a court order exists or is warranted.

Note: If at the time a firearm is seized, an officer becomes aware of a court order, (e.g. Emergency Protective Order, Domestic Violence Restraining Order), which is not in the Domestic Violence Restraining Order System (ROS), the officer shall ensure the court order and accompanying Department report(s) are immediately submitted to a watch commander for approval.

  • Issue the owner or person in custody of the firearm a Receipt for Property Taken Into Custody, Form 10.10.00.

  • Record in the "Property Taken" portion of the Form 10.10.00 the following information:

    • A description of the weapon, including the serial number, the location where the firearm can be recovered, and the telephone number of the Area Detective Division responsible for releasing the firearm; and,

    • The dates and times during which the firearm can be claimed.

  • Complete a Receipt and Notice of Rights for Confiscated Firearms/Other Deadly Weapons, Form 10.10.05, to document the confiscation of a firearm or other deadly weapons from individual(s) during a domestic violence incident.

  • Book the firearm in accordance with the procedures set forth in Section 4/540.30 of the Department Manual.

Note: When a booking officer has reasonable cause to believe that the release of a firearm could likely result in endangering the victim, reporting party or other party, the officer shall include information in the related report(s) describing “clear and convincing” evidence that will support a court petition to determine if a firearm should be returned.  The investigating officer, within 60-90 days of the seizure, shall initiate the petition in Superior Court to determine if the firearm should be returned.

Seizure of Firearms at Domestic Violence Incidents. Penal Code Sections 18265(a) and 18265(b) provides that firearms seized at the scene of a domestic dispute shall be made available for release 48 hours after the seizure or as soon thereafter as possible, but no longer than five business days after the seizure.  In no event shall a firearm be held less than 48 hours.

Note:  Although a firearm may be available for release per PC Section 18265, it shall not be released to the legal owner until the DOJ background check has been completed and the owner has been cleared for possession of the firearm per PC Sections 33850-33895.

When an investigating officer releases a firearm seized at a domestic violence incident, the investigating officer shall, after complying with the procedures in Manual Section 4/560.40, make the firearm available for release no less than 48 hours, but no longer than 5 business days after the seizure.

A firearm in Department custody longer than 12 months and not claimed by the owner or person who had lawful possession at the time the firearm was taken into custody, shall be considered a nuisance and be disposed of as provided in Penal Code Section 18275.

Court Orders not in the Restraining Order System. If an officer becomes aware of a court order at the time a firearm is seized, (e.g. Emergency Protective Order, Domestic Violence Restraining Order), which is not in the Domestic Violence Restraining System (ROS), the officer shall ensure the court order and accompanying Department report(s) are immediately submitted to a watch commander for approval.

Watch Commander’s - Responsibility. Watch commanders are reminded of the critical importance of immediate and accurate entry of court orders into the ROS. Watch commanders shall ensure that all reports involving court orders not already entered in the ROS are immediately delivered to the Area Record’s Unit and entered into the ROS. If the Area Record’s Unit is not staffed, watch commanders shall cause the order to be immediately delivered to a Record’s Unit or to Records and Identification Division for immediate entry into the Domestic Violence ROS.

560.40 RELEASE OF FIREARMS.  Only sworn detective personnel shall approve the release of firearms. Any person appearing before an Area desk requesting the release of a firearm shall be referred to the Area Detective Division detectives during their normal operating hours.

Proof of Ownership. The Department must accept any reasonable proof of ownership. Registration in the name of the lawful owner shall constitute proof of ownership. However, a lack of registration does not constitute a lack of proof of ownership unless registration is required by law for possession and/or ownership of the gun. Unless there is articulable probable cause to disbelieve a sworn declaration from the claimant/owner, a sales receipt, or other proof of ownership from the claimant, shall constitute proof of ownership.

Investigating Officer’s - Responsibilities. Investigating officers or their immediate supervisor, shall ensure that all firearms are returned to the lawful owner after determining whether the individual is lawfully entitled to possess the firearm. The investigating officer authorizing disposition or release of a firearm shall:

  • Determine whether the individual is lawfully entitled to possess the firearm to be released, in accordance with federal and state laws.

  • Query the Automated Firearm System (AFS) and the National Crime Information Center (NCIC) to determine current "want" and registration information.

  • Ensure that the appropriate "Evidence" entry appears in the AFS.

  • Check the owner/possessor’s criminal history, the Domestic Violence Restraining Order System (ROS), the Mental Health Firearms Prohibition System (MHFPS) and the Consolidated Criminal History Reporting System (CCHRS) to verify there are no legal restrictions to the owner/possessor possessing the firearm; and,

  • Inquire of the victim, suspect, and person reporting, if any restraining order(s) exist.

Note: If the firearm is an LAPD stolen/lost and an "Evidence" entry does not appear in the AFS, the concerned investigative officer shall notify a supervisor in the Vehicle/Warrant Section, Records and Identification Division (R&I), to ensure that this omission is corrected.

  • Attach a printout of the AFS, ROS, MHFPS, CCHRS, and NCIC query and owner’s response to inquiry, to the work folder copy of the concerned report. If the firearm "Evidence" entry does not appear in the AFS, indicate that fact on the Detecitive Case Progress Log, Form 01.44.00, and include the name of the R&I employee contacted.

  • If the firearm is to be released or disposed of within 90 days from the date of original booking, contact the Gun Unit, Detective Support and Vice Division (DSVD), to determine whether the firearm is wanted for test‑firing, and record on the Form 01.44.00 the name and serial number of the Gun Unit employee contacted.

  • If the firearm was booked as a result of a misdemeanor, contact the City Attorney, Misdemeanor Disposition Section, to ensure that the weapon no longer has any evidentiary value.

  • Upon completion of the above requirements:

    • Complete a Property Disposition/Update Request and forward it to the Property Disposition Coordinator (PDC) for input into the Automated Property Information Management System if an Item Detail Summary has not been generated; or

    • Present a completed Property Disposition/Update Request to a property officer if property must be immediately released to a waiting individual and the PDC is not available.

A teletype to a Property Division facility in order to release property is appropriate only when a PDC or Area property officer is not available and an immediate release is necessary.

When authorization to release is a teletype, the investigating officer shall include a statement that the firearm shows listed as "Evidence" in the AFS/NCIC system.

Firearms Declared Nuisances. A firearm coming within the purview of the Dangerous Weapons' Control Law and which is declared to be a nuisance per California Penal Code (PC) Section 29300 shall not be released except at the direction of:

  • A written opinion of the City Attorney, OR

  • A valid court order.

Release of Firearms or Other Deadly Weapons to Persons with a Mental Illness. Before releasing a firearm or other deadly weapon (Manual Section 4/260.25) to any person who has been previously detained due to a mental illness, the concerned investigating officer shall contact MEU for advice in determining the conditions for release of the firearm or weapon.

Firearms Seized at Domestic Violence Incidents.

Investigating Officer’s - Responsibilities. In addition to the current procedures outlined in Department Manual Section 4/560.40, an investigating officer releasing a firearm seized at a domestic violence incident shall:

  • Make the firearm available for release no less than 48 hours, but no longer than five business days after the seizure;

  • Ensure the firearm is not restricted (e.g., assault weapon); and,

  • Ensure the individual (i.e., owner of the firearm) seeking the return of the firearm, completes and submits a Law Enforcement Gun Release Application to the Department of Justice (DOJ).

Note:  The DOJ is the only agency authorized by law to conduct the necessary background checks to determine if the owner is prohibited from possessing a firearm.

A firearm in Department custody longer than 12 months and not claimed by the owner or person who had lawful possession at the time the firearm was taken into custody shall be considered a nuisance and be disposed of as provided in PC Sections 18000-18005.

Release of Firearms to Licensed Firearms Dealers. If a firearm was seized pursuant to PC 18250 and the owner/possessor disposes of the firearm by selling it to a licensed firearms dealer, the Department must release the firearm(s), except contraband, to the properly licensed firearms dealer authorized to take possession of and dispose of the firearms on behalf of the owner. This process only applies to firearms seized pursuant to PC 18250 and is authorized by Family Code Section 6380.5.

Firearms Used in Suicide. All firearms suspected of being suicide weapons shall be booked as evidence to provide the opportunity to test such firearms. The investigating officer shall be responsible for determining the final disposition of the firearm.

When it is necessary to retain the firearm, the investigator shall, within five (5) days following booking, notify the Coroner's Office of the reason for the hold.

Property Officer’s - Responsibilities. Property officers may dispose of or release a firearm from custody when disposition instructions have been received by one of the following means:

  • Disposition instructions have been input into APIMS;

  • A release authorization teletype has been received; or,

  • A completed Property Disposition/Update Request, Form 10.06.00 has been received.

The Property Disposition/Update Request or teletype authorization shall be retained by the concerned property unit for a period of one year.

561. WITHHOLDING OF FIREARMS. If an investigating officer (I/O) has reasonable cause to believe that the release of a firearm would likely result in endangering the victim, reporting party or other party, the I/O shall:

  • Complete a Property Disposition/Update Request, Form 10.06.00, and forward it to the Property Disposition Coordinator to place an investigative hold on the firearm in the Automated Property Information Management System (APIMS), to prevent the unintentional release or destruction of the weapon prior to the Court’s decision;

  • Ensure all reasonable efforts are made to locate the owner/possessor of the firearm;

  • Prepare a Follow-up Investigation, Form 03.14.00, describing the “clear and convincing” evidence in support of a petition to determine if a firearm should be returned, and obtain approval of a Detective III or above;

  • Complete a City Attorney Request for Petition (CARP);

  • Ensure notification is made to the owner/possessor of the intent to file the petition;

  • Deliver the original CARP, a copy of all related police reports, a copy of the owner/possessor’s criminal history, Restraining Order System (ROS), Mental Health Firearm Prohibition System (MHFPS) and Consolidated Criminal History Reporting System (CCHRS) printouts, to Detective Support and Vice Division (DSVD) within four calendar days from the date of seizure or upon determining the firearm should not be returned;

Note: In cases where the investigating officer is unable to deliver the material to DSVD, the I/O shall cause an employee who is familiar with the case to deliver the material to DSVD.

  • Assist the City Attorney's (CA) Office with the preparation of a declaration for the petition;

  • Appear at Superior Court hearings, as requested by the CA’s Office, to offer information concerning the potential danger to a victim, reporting party, or other party; and,

  • Dispose of the firearm only as directed by the Superior Court.

Note: Penal Code Sections 18265(a) and 18265(b) provides that firearms seized at the scene of a domestic dispute shall be made available to the owner/possessor in no less than 48 hours but no longer than five business days after the seizure.

Detective Support and Vice Division's (DSVD) - Responsibilities. The Commanding Officer, DSVD, shall provide liaison between the Department and the CA's Office in processing and coordinating the CARP to determine if a firearm should be withheld from the owner or otherwise disposed of as directed by the court. Detective Support and Vice Division personnel within two calendar days of receiving a CARP from detective personnel, shall:

  • Verify that the legal owner is not otherwise prohibited from possessing the firearm;

Note: If ownership of the firearm is prohibited by law, inform the I/O that the petition is unnecessary and that the firearm may be held or disposed of pursuant to the appropriate Penal Code section.

  • Ensure the CARP has been completed correctly; and,

  • Forward the CARP to the CA's Officer, Police General Counsel Section for submission to the Superior Court.

Detective Support and Vice Division shall also be responsible for ongoing liaison with the CA's Office and shall:

  • Create and maintain a control log for tracking all requests for petitions until their disposition;

  • Upon receipt of any response to a petition, make telephonic notification to, and forward a copy of the response to the CA’s Office, Police and Fire Services Division;

  • Notify the I/O of the results of the petition and the appropriate disposition of the firearm as directed by the court;

  • Contact Police and Fire Services Division to verify that the owner/possessor of the seized firearm has been notified by registered mail of the court’s order regarding disposition of the firearm; and,

  • Provide blank petition forms to all detective commands.

FILING A PETITION WITH THE COURT TO EXTEND A FIREARM HOLD.  Penal Code Section 18400 allows 60 days to file a petition with the court to extend a firearm hold. However, when the I/O has reasonable cause to believe that the release of a firearm would likely endanger the victim of the assault or threat, the I/O shall, within five days of the seizure, initiate a petition in superior court to determine if the firearm should be returned.  If necessary, the I/O may seek a 90 day extension on the petition.

565. SPECIAL DISPOSITIONS.

565.10 DISPOSITION OF EVIDENCE SEIZED PURSUANT TO SEARCH WARRANT. Evidence seized during the service of a search warrant, whether listed or unlisted, shall be disposed of ONLY by the order of a court having jurisdiction over the property (1536 P.C.). A court order may be requested for the disposition of property which was seized during the service of a search warrant but which was not introduced into evidence, when:

  • The prosecution has reached a final conclusion,

  • The statutory period for filing an appeal has expired,

  • The property is no longer of evidentiary value.

Exception: Removal of a hold place for 11470 H&S shall be the responsibility of the Asset Forfeiture and Support Section, Gang and Narcotics Division.

When circumstances are such that a court order for disposition is needed, the investigating officer shall prepare an original and two copies of a Court Order for Search Warrant Property, Form 10.18.00, and present them for signature to the magistrate who issued the warrant, or to the presiding judge when the magistrate is unavailable.

When the Forms 10.18.00 are signed, forward the original to Records and Identification Division, forward a copy and a completed Property Disposition/Update Request, Form 10.06.00, to the concerned Property Disposition Coordinator and place the remaining copy in the investigator's case file.

Exception: When evidence consists only of copies of bank records, the investigating officer may request disposition instructions at the time he/she completes the original return to the search warrant. (See also 4/540.90).

565.20 COURT DISPOSITION OF PETITION. If it is determined by the court that a firearm should be returned to the owner/possessor, the investigating officer shall:

  • Complete a Follow-Up Investigation, Form 03.14.00, detailing the court case number, the date the hearing was held, the date the court order was made if different from the date of hearing, and the name and department of the judge who ordered the return of the firearm; and,

  • Cause the firearm to be released to the owner as ordered by the court.

Court Ordered Destruction. If the court determines that a firearm should be destroyed, the investigating officer shall complete a Property Disposition/Update Request, Form 10.06.00, detailing the court case number, the date the hearing was held, the date the court order was made if different from the date of hearing, and the name and department of the judge authorizing the destruction of the firearm. Attach a copy of the court order to the Form 10.06.00.

565.30 DISPOSITION OF GAMBLING MONEY. Authorization for the disposition of money booked as evidence in connection with a gambling arrest shall only be made by the Property Claims Detail, Property Division, or by the court.

Claimants shall be advised to address a written request for the return of such evidence to the Commanding Officer, Property Division.

After such evidence has remained in Department custody for three years, it shall be transferred to the L. A. City General Fund.

570. PROPERTY TRANSFERS.

570.10 TRANSFER - GENERAL. Property which has been authorized for destruction or sale by auction shall be transferred to Central Property Section or Valley Property Section on the first regularly scheduled property transfer following the receipt of disposition instructions. Property which is authorized for release may be transferred ten days after the claimant is notified (4/550.20).

When an investigating officer assumes investigative responsibility for a case in which property has been booked under another division’s DR number, the investigating officer shall ensure that the Primary Investigative Unit (PIU) responsibility in APIMS is transferred to the investigating officer’s division. The investigating officer shall notify his/her Property Disposition Coordinator (PDC) who shall “Reroute” the concerned DR number to the investigating officer’s division. The PDC shall also updated the “Related Employee” section with the concerned investigating officer’s information. Once the PIU responsibility has been transferred, the PDC should place an “Investigative Hold” on the property.

When property is transferred and investigative responsibility is assumed by another entity, the investigating officer shall ensure that the "Primary Investigative Unit (PIU)" responsibility is updated in the Automated Property Management System.

All personal property which has been authorized for retention and use by the Department shall be transferred to Central Property Section.

570.15 PROPERTY TRANSFER REQUEST BY OFFICERS. If an investigating officer determines that evidence booked at a storage facility other than the Evidence Control Unit, Scientific Investigation Division, needs to be transferred to a different storage facility, the evidence must be transported by the requesting investigating officer.

570.20 TRANSFER OF FORGERY EVIDENCE TO CASE FILES. Credit cards, items of an unusual nature such as legal documents, and obviously valuable papers, shall not be retained in case files.

The following documents may be transferred to and retained in an investigator's case file:

  • Bankbooks.

  • Checkbooks.

  • Credit card invoices.

  • Identification Papers (including fraudulent driver's licenses).

  • Checks.

  • Copies of bank records obtained pursuant to search warrants.

  • Miscellaneous documents bearing handwritten, typewritten, or printed notations.

Note: The investigator's commanding officer shall establish procedures to ensure the security of such evidence.

570.25  TRANSFER OF PHOTOGRAPHS, DOCUMENTS, OR OTHER MISCELLANEOUS PAPERS TO CASE FILES. Once a case is closed, an investigating officer (I/O) may retain certain items of booked evidence. Those items include photographs, documents, or other miscellaneous papers relevant to the current or any future case. The items shall be released (in the Automated Property Information Management System) to the I/O and retained in one of the following packages, listed in priority order:

  • The murder book;

  • Detective’s Case Envelope, Form 15.15.00; or

  • The detective work folder.

In order to obtain the items, the I/O shall:

  • Request the approval of the I/O’s commanding officer;

  • If approved, complete disposition instructions on a Property Disposition/Update Request authorizing release to the I/O; and,

  • Maintain the items in the appropriate package.

Exception:  Videotapes or contraband may not be retained in the murder book, Detective Case Envelope, or detective work folder.

Note: The release instructions shall contain the I/O’s name and division of assignment. “Unk” shall be entered in the address field so a Property Owner’s Notification, Form 10.14.1, will not be generated.

575. PROPERTY RECOVERED IN OR REQUESTED BY AN OUTSIDE JURISDICTION.

575.10 PROPERTY RECOVERED IN ANOTHER JURISDICTION. When informed that property which was reported lost or stolen by this Department is recovered by another jurisdiction, the investigating officer shall:

Property Required for Evidence

  • When necessary, request the recovering agency to ship the property directly to Central Property Section, attention to the investigating officer.

Note: Central Property Section shall be contacted for shipping instructions.

  • Forward a copy of any applicable correspondence to Records and Identification Division for filing.

Property Not Required for Evidence

  • Supply the recovering agency with the name and address of the owner and authorize the release of the property to the owner.

  • Notify the owner of the location of the property.

  • Instruct the owner to make arrangements with the recovering agency for return of the property.

575.20 SHIPPING BOOKED PROPERTY. Booked property shall be shipped or mailed only to a person or an agency making a written or teletyped request to the Department. Small items of property shall be mailed prepaid, and certified if applicable, through the U.S. Postal Service. Large items shall be shipped via the City-contracted parcel delivery service.

Exception: At the discretion of the Commanding Officer, Property Division, recipients of booked evidence may be required to make their own shipping arrangements.

Firearms shall not be shipped to an individual. The owner shall be instructed to:

  • Contact a local law enforcement agency willing to accept delivery of the firearm; and,

  • Request the agency to telephonically contact the shipping officer, Central Property Section, for further information.

The property officer finalizing shipping arrangements shall update APIMS with the release information provided by the outside agency.

575.30 VIEWING OF PROPERTY BY UNAUTHORIZED PERSONS. Prior to allowing a victim or witness to view evidence booked at Property Division, the concerned Property Division employee shall ensure that the victim or witness is accompanied by a detective from the Area/division assigned investigative responsibility.

580. DEPARTMENT RETENTION AND USE OF CONVERTIBLE PROPERTY.

580.10 CONVERTIBLE PROPERTY - DEFINED.  Convertible property is property that comes into the custody of the Department for which title, after satisfaction of specified legal requirement, may pass to the Department for use in an official capacity.

Note: Items of contraband must never be converted to Department use except as defined in Manual Section 4/585.

The following are categories of convertible property:

Unclaimed Property-Defined.  Unclaimed property is any and all property booked into the custody of the Department and held for a specified period of time during which no claim or demand has been made nor owner located.  Unclaimed items must no longer be required for use as evidence and must have been authorized for disposition.

As required by law, unclaimed property shall be held for a minimum of 97 days, with the exception of unclaimed bicycles which may be held for a minimum of two months when transferred to designated youth services organizations.

Forfeited Property-Defined.  Forfeited property is property seized in connection with a narcotics‑related arrest or investigation for which ownership has been transferred to the Department by appropriate State or Federal authorities. Included are products involved in the manufacturing, transportation, storage, and marketing of controlled substances.  All seized monies intended to be provided in exchange for a controlled substance, or proceeds traceable to such an exchange, may also be forfeited.

Judicially Awarded Property-Defined.  Judicially awarded property is property other than that seized pursuant to asset forfeiture proceedings for which ownership has been transferred to the Department upon court order.

Note:  Employees aware of the possible availability of property which is in the custody of a court and which is suitable for conversion for Department use may inform the concerned magistrate of the Department's property conversion program.  If the magistrate chooses to award the property to the Department, the employee accepting the item must return it to the property room from which it was withdrawn and notify the Assistant to the Director, Office of Special Operations (ATTD, OSO).  If subsequently deemed suitable for retention, the ATTD, OSO, will include the item in its published list of items available for retention.

580.20 REQUESTING RETENTION OF CONVERTIBLE PROPERTY.  The following procedure will apply when requesting retention of convertible property for official Department use. Office of Special Operations will publish annually a list of standard convertible property which will be updated on an as‑needed basis at the discretion of the Assistant to the Director (ATTD), OSO.  Requests for items not appearing on the standard convertible property list will be specifically identified by DR number, item number, and description from a related property report. Such requests will be considered by the

ATTD, OSO, on a priority need basis.

Note: Property Division employees will be watchful for unique items of convertible property and advise the appropriate entity of their availability.

580.21 EXAMINATION OF CONVERTIBLE PROPERTY.  An employee assigned to the Office of the Assistant to the Director (ATTD), Office of Special Operations (OSO) will be responsible for liaising with Property Division, Gang and Narcotics Division, and other Department entities as required for the purpose of examining convertible property available for retention by the Department.  When appropriate, the ATTD, OSO, will cause convertible property available for retention by the Department to be inspected by subject matter experts (e.g., cellular telephones or computers by Information Technology Division).  Such inspections should determine serviceability, compatibility with existing equipment or systems, and the ability of the Department to maintain the items.

580.22 COMMANDING OFFICER'S RESPONSIBILITY. Commanding officers, upon determining that employees in their command will materially benefit in the course of their duties by acquisition of an item of converted property, may submit a Convertible Property Request, Form 10.09.00, to their bureau commanding officer. The Convertible Property Request, Form 10.09.00, shall be submitted without exception when requesting any type of converted property item and shall include a description of each item, its intended application, and the benefits to be derived from its use.

580.24 BUREAU COMMANDING OFFICER'S RESPONSIBILITY. A bureau commanding officer receiving a request for retention and issuance of specified converted property shall:

  • Review the request to ensure that it is in the best interests of the Department.

  • Forward approved requests to the Assistant to the Director, Office of Special Operations.

  • Return denied requests to the requester.

580.26 ASSISTANT TO THE DIRECTOR, OFFICE OF SPECIAL OPERATIONS RESPONSIBILITIES.  The Assistant to the Director (ATTD), Office of Special Operations (OSO), will:

  • Retain each Convertible Property Request that is received;

  • Cause necessary research to be conducted for requests received;

  • Determine by comparative need which requesting Department entity should receive requested property items;

  • Effect the issuance of converted property to the appropriate entity;

  • Publish at least annually the list of property available for conversion; and,

  • Prepare annually, and retain, a listing of property converted and the entities to which the items have been assigned.

580.30 ISSUING CONVERTIBLE PROPERTY.  Upon approval of the Assistant to the Director (ATTD), Office of Special Operations (OSO), converted property may be issued using the following guidelines.

Property Division's Responsibilities.  Property Division will issue a receipt to the requesting Department entity upon issuing and releasing convertible property.  Property Division will:

  • Cause the receiving employee to acknowledge receipt of the property by appropriate signature on the Convertible Property Receipt, Form 10.09.01;
  • Forward the original signed receipt to Records and Identification Division for filing;
  • Issue the item to the requesting division; and,
  • Maintain accurate issuance and control documents.

Exception:  Inventory and tracking of issued convertible property is the responsibility of the requesting Department entity.

Note:  The issuance of convertible property is an ancillary duty only assigned to Property Division.  Property Division's primary duties take precedence; therefore, approval of the convertible property by the ATTD, OSO, does not guarantee its immediate issuance.

Motor Transport Division's Responsibilities. Upon receipt of an approved request and a copy of the pertinent court order, City Council file (if applicable), or other appropriate correspondence certifying a vehicle for use by the Department, the Commanding Officer, Motor Transport Division, must:

  • Inspect the vehicle for serviceability;

  • Issue the vehicle a shop number;

  • Service the vehicle as required;

  • Send correspondence to the Salvage Division, Department of General Services, advising that the vehicle has been assigned a shop number and explaining the circumstances under which the vehicle came to the Department; and,

  • Maintain the vehicle in accordance with established procedures.

580.40 CONVERTIBLE PROPERTY NO LONGER NEEDED FOR POLICE USE.  When items of converted property are no longer required by the requesting Department entity, it is that entities' responsibility to appropriately dispose or salvage the property.  No convertible property may be kept by Department employees or given to any individual without completing the disposition process

Note: Proceeds from items seized pursuant to asset forfeiture procedures shall be deposited into the Forfeited Assets Trust Fund.

585. DEPARTMENT RETENTION AND USE OF CONTRABAND.

585.10 CONTRABAND - DEFINED. Contraband items consist of goods or merchandise, possession of which is prohibited by law. Generally, items of contraband shall not be converted to Department use.

Note: Penal Code Section 34005(b) enables law enforcement agencies to retain confiscated firearms, normally subject to destruction, for use in carrying out the official duties of the agency. Therefore, firearms are not considered contraband subject to retention procedures.

585.15 CONVERSION OF CONTRABAND ITEMS TO DEPARTMENT USE. Retention of contraband occurs rarely. Retention requires both the approval of the requesting employee's bureau commanding officer and a court order authorizing retention of the items.

Requesting Employee's Responsibility. Employees seeking retention of seized contraband items other than narcotics which would be of value to the Department for training or operational purposes shall contact their commanding officer for retention approval.

Upon approval by the appropriate  bureau commanding officer, the employee requesting the contraband items shall obtain a court order authorizing retention through the Police and Fire Services Division, City Attorney's Office. Both the approved Form 15.02.00 and court order shall be provided to Property Division to obtain the items requested.

Commanding Officer's Responsibility. Commanding officers requesting retention of a contraband item shall submit a written request for retention on a Form 15.02.00 to their bureau commanding officer. The Form 15.02.00 shall include a description of each item; DR Number; corresponding item number from the property report, if any; the intended application; and the benefits from its retention and use.

Bureau Commanding Officer’s Responsibility. The bureau commanding officer reviewing a request to convert an item of contraband to Department use shall:

  • Review the request to ensure it is in the best interest of the Department.

  • Return approved or denied requests to the originating commanding officer.

Property Division's Responsibilities. Upon receipt of the approved Form 15.02.00 with an attached court order authorizing retention, the Commanding Officer, Property Division shall:

  • Verify the Form 15.02.00 is accompanied by a completed court order.

  • Cause a Property Court Receipt, Form 10.03, to be completed transferring control of the item to the requesting employee's division or Area.

  • Ensure that copies of the Form 15.02.00, court order, and Form 10.03 are forwarded to the Director, Office of Special Operations.

Note: The Commanding Officer, Property Division, shall follow procedures set forth in Manual Section 4/580.30 for items of property that qualify for entry into the Department's inventory system.

590. USE OF FIREARMS IN STING OPERATIONS OR OTHER INVESTIGATIVE PURPOSES.

590.10 REQUESTING FIREARMS FOR USE IN STING OPERATIONS OR OTHER INVESTIGATIVE PURPOSES. When firearms are needed for use in sting operations or other special investigative purposes, the following procedures shall be followed.

Requesting Entity’s Responsibility. The commanding officer of the requesting entity shall submit an Intradepartmental Correspondence, From 15.02.00, to the commanding officer of Property Division, containing the following information:

  • Reason for the request, such as a sting operation or other specific investigative purpose;

Note:  If the firearm is to be used for a sting operation, include a general description of the operation.

  • Specific type, make, and caliber needed;

  • Number of firearms; and,

  • Anticipated duration of use.

Property Division’s Responsibility. Upon receipt of a Form 15.02.00 requesting firearms for use as listed above, the Commanding Officer, Property Division shall:

  • Review and approve or disapprove the request;

  • If the request is approved, locate firearms eligible for the requested use;

Note:  Firearms are eligible for use in sting operations, etc., when they no longer have evidentiary value, an owner cannot be located or is otherwise ineligible to retrieve that particular firearm, and the firearm has been authorized for disposal.

  • Contact the commanding officer of the requesting entity and arrange for the withdrawal and return of the requested firearm(s); and,

  • If the request is denied, a Form 15.02.00 shall be sent to the commanding officer of the requesting entity explaining the reason(s) for the denial.

BOOKING AND CUSTODY OF PRISONERS

601. PRISONER RELATIONS.  Back to top

601.10 RELATIONSHIPS BETWEEN DEPARTMENT EMPLOYEES AND PRISONERS. Department employees shall not engage in any of the following activities with arrestees or prisoners without the express permission of the concerned commanding officer:

  • Borrow money or articles;

  • Loan money or articles; or,

  • Purchase, sell, accept, or offer any gift or article.

602. POLICE CUSTODY OF HOSPITALIZED ARRESTEES.

602.10 MAINTAINING CUSTODY OF ARRESTEES WHO ARE HOSPITALIZED AT A LOCATION OTHER THAN THE JAIL WARD OF LAC ‑ USC MEDICAL CENTER. When it is determined that police custody of a hospitalized arrestee at a location other than the Jail Ward of LAC-USCMC is necessary, the concerned investigative watch commander shall provide an adequate number of officers to maintain custody of the arrestee.  If the investigation falls under the purview of a specialized division, the nearest Area or the Area in which the hospital is located shall be responsible for providing the officers..

Note:  Specialized divisions are not precluded from providing personnel to maintain custody of a hospitalized arrestee when necessary.  When extenuating circumstances exist, the Area Commanding Officer responsible for the hospital detail shall be the final authority.

CONTACT VISITS WITH ARRESTEES WHO ARE HOSPITALIZED AT A LOCATION OTHER THAN THE JAIL WARD OF LAC - USCMC.  The safety of the guarding officers, staff, patients, visitors and the arrestee shall be of the utmost importance when considering contact visits with a hospitalized arrestee.

News Media, Bail Bonds Agents, Clergy and Family Contact Visits.  Contact visits by the news media and bail bonds agents shall generally be prohibited.  Contact visits with clergy and family members shall be permitted only when the attending physician has determined that the arrestee is likely to die as a result of his/her condition, and supervisory advice and approval has been obtained.

Note:  Whenever a contact visit is permitted, the visitor must submit to a pat-down frisk search of their person and any accompanying property.

Attorney Contact Visits.  Contact visits between the attorney and the hospitalized arrestee are allowed when:

  • The officers are able to maintain visual contact with the arrestee and attorney during the visit;

  • The attorney possesses a valid Bar Association identification card from the state in which he/she is licensed to practice;

  • The attorney submits to a pat-down frisk search and a search of their briefcase, bag, and any other containers in their possession (the scope of the search is for weapons and/or contraband only);

  • The medical staff is not concurrently treating the arrestee; and,

  • Supervisory approval has been obtained.

Note:  A person verified as an attorney investigator, who is acting on behalf of the arrestee's attorney, must be afforded the same rights and privileges as the attorney.

The Department is not obligated to allow hospital contact visits between the attorney and arrestee whenever an extreme safety concern exists that is clearly articulable.  Alternate means, such as telephonic contact, may be considered when:

  • Officers are able to maintain visual contact with the arrestee during use of the telephone; and,

  • Medical staff is not concurrently treating the arrestee.

Note:  When it is determined that the Department is restricting personal contact between the arrestee and his/her attorney, notification shall immediately be made to the Commanding Officer, Detective Bureau.

Watch commander's Responsibilities.  The watch commander shall assign an adequate number of officers to maintain custody of the arrestee.  The assigned officers shall be in plain-clothes when practicable.  The names of the officers, their unit designation, and the hospital name and room number, shall be documented on the Watch Commander's Daily Report, Form 15.80.00, along with the arrestee's name and booking number.

When the hospital is located outside the Area having investigative responsibility, the  watch commander shall notify the Area or law enforcement agency in which the hospital is located that plainclothes Los Angeles police officers are working in that particular jurisdiction (e.g., Daniel Freeman Hospital-Inglewood Police Department).

The concerned investigating officer shall ensure that the appropriate reports are completed and a booking number obtained at the time the suspect is placed in police custody. The concerned investigating officer shall be responsible for the transportation of the suspect to the Jail Ward at the LAC‑USC Medical Center as soon as practicable.

Officers Responsibilities.  The assigned officers shall document the following in their Daily Field Activities Report (DFAR), Form 15.52.00:

  • The name and address of the hospital in the Location of Activities column;

  • Write "Hospitalized Arrestee Detail" in the Type of Activity column; and,

  • Write the arrestee's name, hospital room number, attending physician's name, and the arrestee's booking number in the Disposition column.

When contact visit is requested, officers shall:

  • Obtain approval from a supervisor and document the name of the supervisor in the DFAR; and,

  • Document the date and time of the visit, arrestee's last name and booking number, visitor's name (company name if applicable) and relationship to the arrestee, and provide the information to the Jail Division in which the arrestee was either booked or absentee booked.

Jail Division Responsibility.  When Jail Division is notified that a contact visit with a hospitalized arrestee has occurred, the Detention Officer shall document the visitation information on a Prisoner Visitation and Temporary Sign-Out Record, Form 06.31.00.

Supervisor's Responsibilities.  When deciding whether to allow contact visits, supervisors shall consider the following:

  • The type and severity of the crime for which the arrestee is in custody;

  • The arrestee's past criminal history;

  • The risk the arrestee poses to the guarding officers, staff, and visitors; and,

  • The level of security afforded during the visit.

Commanding Officers Responsibilities.  When the arrestee is transferred to the Jail Ward of LAC‑USC Medical Center, or when it is determined that police custody is no longer necessary, concerned investigative commanding officers shall complete a Form 15.02.00 to their bureau commanding officer describing the reasons for the police custody, the time and personnel resources involved, and booking information, or other reasons for terminating such custody.

604. BOOKING, GENERAL.

604.05 OBTAINING BOOKING NUMBERS. Department employees shall obtain booking numbers directly from the Automated Jail Information System (AJIS) via the Network Communications System (NECS) by completing the Decentralized Automated Booking Information System (DABIS) procedure.

Exception: When AJIS or NECS is unavailable and a DABIS booking cannot be completed, booking numbers shall be telephonically obtained from the Booking Records Update Unit, Records and Identification Division.

604.08 BOOKING - LOCATION OF. The "location of booking" shall be the LAPD or LASD facility where the booked person is detained.

Exception: When the person will not be incarcerated, the "location of booking" shall be the geographic Area where the Los Angeles Consolidated Booking Form, Form 05.01.00 or 05.01.01, is completed.

604.10 PRISONER REFUSING OR UNABLE TO GIVE INFORMATION REQUIRED FOR COMPLETION OF BOOKING PROCEDURE. When a person being booked refuses, or is unable, to answer questions necessary for the completion of the booking procedure, the booking employee shall indicate in the proper spaces:

  • Refused to state; or,

  • Unable to state.

"John or Jane Doe" Numbers. When the arrestee's name cannot be determined at the time of booking, a "John or Jane Doe" number, in addition to a regular booking number, shall be obtained from the Booking Records Update Unit, Records and Identification Division. The "John or Jane Doe" number shall be placed in the space provided on the Los Angeles Consolidated Booking Form, Form 05.01.00, for the arrestee's name.

604.11 FEDERAL PRIVACY ACT - SOCIAL SECURITY NUMBER DISCLOSURE STATEMENT DURING BOOKING PROCESS. When a Social Security number is requested during the booking process, persons in custody shall be provided with the following information:

Federal law requires that you be informed, when asked for your Social Security number, that it must be provided for use in processing and identification. Authority for requiring this information is based upon the Los Angeles Police Department's booking and identification processing system operational prior to January 1, 1975.

This information may be provided orally or by a sign conspicuously posted in the booking facility.

Note: It is the booking employee's responsibility to make an oral statement if the person in custody is incapable of reading the sign.

604.12 IDENTIFICATION OF EMPLOYEES AT JAIL. An employee who is required to identify himself/herself in connection with any jail procedure shall do so by presenting his/her identification card.

604.15 RESPONSIBILITY FOR CUSTODY OF ARRESTEES. Until the arrestee is delivered to the detention officer as a booked person, his/her care and custody shall be the responsibility of the arresting officer. If the arresting officer does not deliver the arrestee to the detention officer, such care and custody shall be the responsibility of the transporting officer.

After being booked, the care and custody of the arrestee shall be the responsibility of the detention officer, pending transfer of his or her custody to another proper authority.

604.16 BOOKING FEMALE ARRESTEE-RESPONSIBILITY. The officers delivering a female arrestee to a female jail facility shall maintain custody of the arrestee until relieved by the person conducting the booking.

604.17 BOOKING AND CONFINEMENT OF FEMALE ARRESTEE - LOCATION. Female arrestees are normally booked at the jail facility in which they will be confined. Generally, female arrestees shall be confined in the following locations:

  • Operations Central and South Bureaus-77th Street Jail Section.

  • Operations West and Valley Bureaus-Valley Jail Section.

  • At either of the above facilities upon the direction of the concerned investigating officer or the Commanding Officer, Jail Division.

Exceptions:

  • Females arrested for the murder or attempted murder of their infant children shall be confined in 77th Street Jail Section or Van Nuys Jail Section.

  • All female suspects arrested for forgery in or by Wilshire Area, Hollywood Area, and Commercial Crimes Division, shall be confined at 77th Street Jail Section.

All adult female suspects arrested for child abuse, whether related to the victim or not, shall be confined as follows:

  • Valley Areas and Pacific and West Los Angeles Areas, at Valley Jail Section.

  • Metropolitan Area (includes Central, Southwest, Southeast, Hollenbeck, Hollywood, Wilshire, Northeast, 77th Street, Newton, Rampart, and Harbor), at 77th Street Jail Section.

  • When a physician advises that a female arrestee requires medication and/or observation or the supervision of competent medical personnel, but not hospitalization, the arrestee shall be confined at 77th Street or Valley Jail Section.

  • Female out‑of‑state fugitive arrestees shall be confined at Valley Jail Section.

A female arrestee may be booked in the area of arrest, or nearest City jail facility, when:

  • The arrestee is to be immediately arraigned; or,

  • The arrestee indicates a desire to bail out immediately and has sufficient funds; or,

  • The arrest is for a traffic warrant and the arrestee lacks sufficient funds for bail, but indicates that arrangements can be made to have bail posted within a reasonable time. The arresting officer, with the approval of the watch commander, may allow the arrestee to make the necessary notifications and cause the arrestee to be detained in the area of booking pending receipt of the bail; or,

  • The watch commander or other officer designated to make O.R. determination has determined, after conducting the necessary preliminary investigation and telephone record check of the arrestee's criminal record, that the arrestee is eligible for O.R. release (4/681.) upon completion of the booking process.

Note: An arrestee booked on a misdemeanor warrant, or having outstanding warrants, shall not be released O.R.

Arresting or transporting officers processing female arrestees at Metropolitan Jail Section shall maintain custody of the arrestee at all times while inside Metropolitan Jail Section.

Arrestees Requiring Medication, Medical Attention, or Hospitalization. (4/648.10 and 4/648.20).

604.18 BOOKING MALE ARRESTEES - LOCATION. Male arrestees shall be booked at the following locations:

Felony Arrestees. Felony arrestees shall be booked in the Area of arrest, except:

  • When the officer in charge, Detective Support and Vice Division, or the concerned investigating officers direct otherwise.

  • Adult male suspects arrested for child abuse in the following Areas and identified as being the parent, stepparent, common‑law spouse of the child's parent, or legal guardian of the child shall be booked at the following locations:

    • Valley Areas and Pacific and West Los Angeles Areas, at Valley Jail Section.

    • Metropolitan Area (includes Central, Southwest, Southeast, Hollenbeck, Hollywood, Wilshire, Northeast, 77th Street, Newton, Rampart, and Harbor), at Metropolitan Jail Section.

  • When the Area of arrest has no available detention facilities for felony prisoners.

  • Narcotic arrestees arrested within Operations‑Central Bureau, Hollywood Area and Wilshire Area shall be booked at Metropolitan Jail Section. All other narcotic arrestees arrested in the metropolitan area shall be booked at the appropriate divisional jails.

  • Arrestees charged with an offense over which Commercial Crimes Division has jurisdiction shall be booked at Metropolitan Jail Section. The arrest and related reports shall be made at the Headquarters Record Section.

  • All felony narcotic violators arrested in the Valley area shall be booked at Valley Jail Section.

  • Arrestees charged with an offense over which the Forgery Section, Operations‑Valley Bureau, has jurisdiction (2/415.70) shall be booked at Valley Jail Section. The arrest and related reports shall be made at Van Nuys Area.

  • Arrestees charged with an offense over which West Los Angeles Forgery Unit has jurisdiction shall be booked at Pacific Area Jail. The arrest and related reports shall be made at West Los Angeles Area.

  • Arrestees charged with an offense over which Harbor Forgery Unit has jurisdiction shall be booked at Harbor Area Jail. The arrest and related reports shall be made at Harbor Area.

  • Persons arrested for counterfeit money violations shall be booked at the following locations:

    • All Valley Bureau Areas, Pacific and West Los Angeles-Valley Jail Section.

    • All others:

    • Male arrestees-Metropolitan Jail Section.

    • Female arrestees-77th Street Jail Section.

Note: Juvenile arrestees shall be booked in accordance with established procedures.

  • Felony traffic arrestees, when arrested in:

    • Valley Bureau, shall be booked at Valley Jail Section.

    • West Bureau, shall be booked at Wilshire Area Jail.

    • Harbor Area, shall be booked at Harbor Jail.

    • The Metropolitan area, shall be booked at Metropolitan Jail Section.

Exception: Southwest, 77th Street and Southeast Areas shall be booked at 77th Street Jail Section.

Misdemeanor Arrestees. Misdemeanor arrestees shall be booked in the Area of arrest, or at Metropolitan Jail Section with the Metropolitan Jail Section watch commander's approval, except:

  • Misdemeanants arrested in Hollenbeck, Newton Street, and Rampart Areas shall be booked at Metropolitan Jail Section.

  • When a male misdemeanant is arrested with a female arrestee who is to be booked at Los Angeles County Jail, the male misdemeanant shall be booked at Metropolitan Jail Section.

  • Male 647(f) PC (Drunk) arrestees.

647(f) PC (DRUNK) ARRESTEES. 647(f) PC (Drunk) arrestees shall be booked at Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section.

  • Arrestees shall be examined by a doctor or a nurse at the jail facility prior to booking when booked at Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section.

Note: Officers booking a 647(f) PC (Drunk) arrestee requiring special or extensive medical treatment shall comply with Section 4/648.10.

Arrestees Requiring Medication, Medical Attention, or Hospitalization. (4/648.10 and 4/648.20).

604.19 CHILD ‑ ABUSE BOOKINGS.

Juvenile suspects arrested for child abuse shall be detained at Juvenile Hall. Detention approval shall be obtained from Juvenile Division during normal working hours. When Juvenile Division is closed, the detention approval shall be obtained from Detective Support and Vice Division.

Adult suspects arrested for child abuse shall be booked at the following locations:

Male Arrestees-related to victim

  • Valley Areas and Pacific and West Los Angeles Area-Valley Jail Section.

  • Metropolitan Area (includes Central, Southwest, Southeast, Hollenbeck, Hollywood, Wilshire, Northeast, 77th Street, Newton, Rampart, and Harbor), at Metropolitan Jail Section.

Male Arrestees-not related to victim

  • Valley Areas-at respective Area Jail.

  • Metropolitan Area-at respective Area Jail or Metropolitan Jail Section if no divisional jail exists.

Female Arrestees

  • Valley Areas and Pacific and West Los Angeles Area-Valley Jail Section.

  • Metropolitan Area (includes Central, Southwest, Southeast, Hollenbeck, Hollywood, Wilshire, Northeast, 77th Street, Newton, Rampart, and Harbor), at 77th Street Jail Section.

604.30 BOOKING ARRESTEE TO ARRESTING PERSON. An arrestee shall be booked only to the person or persons effecting the arrest (4/604.15 and 4/606.15).

604.35 RECORDING BOOKING INFORMATION-DETENTION OFFICER’S RESPONSIBILITY. When a person is booked into a Department jail facility, the concerned detention officer shall record the arrested person's name, booking number, and other information required on the Jail Intake Log, Form 06.13.00.

604.40 COMPLETION OF LOS ANGELES CONSOLIDATED BOOKING FORM - GENERAL. The Los Angeles Consolidated Booking Form (5/5.1-01, 5/5.1.1-01) shall be typewritten by the booking employee.

Exception: When a typewriter is unavailable, the booking employee shall print the required information with a ballpoint pen, using sufficient pressure to assure the legibility of all copies.

ID Numbers. The employee completing the Booking Form shall not enter any identifying numbers such as the State Identifying Number (SID#), Main Number (MN#) or Los Angeles Number (LA#).

604.41 ARRESTEE BIRTHPLACE INFORMATION. When an arrestee is booked into Department custody and the city, county, state, and country of the arrestee's birthplace is known or can be obtained, that information shall be entered in the birthplace (BP) field of the Decentralized Automated Booking Information System (DABIS) "DBK 1" screen at the time of booking.

Note: When the arrestee is foreign born, the booking employee shall ensure that an "X" is entered as the first character in the birthplace field.

604.42 COMPLETION OF LOS ANGELES CONSOLIDATED BOOKING FORM, FORM 05.01.00.  Completion of a Los Angeles Consolidated Booking Form, Form 05.01.00, is required for a juvenile booking only when the subject is:

  • Twelve years of age or older booked for any offense under Sections 601 or 602 WIC (4/625.10).

  • Male juvenile, age 16 or 17, detained at the Los Angeles County‑USC Medical Center (4/218.67).

Note: Juveniles taken into custody for a 300 WIC violation shall be issued a booking number regardless of age; however, the Los Angeles Consolidated Booking Form, Form 05.01.00, for 300 WIC violations shall be forwarded to Records and Identification Division.

604.43 COMPLETION OF LOS ANGELES CONSOLIDATED BOOKING FORM - MISDEMEANOR BOOKING APPROVAL. The name and serial number of the watch commander giving a misdemeanor booking approval shall be placed in the lower left portion of the "Property" box on the Los Angeles Consolidated Booking Form and in the narrative portion of the arrest report, when one is completed.

604.45 BOOKING AT LOS ANGELES COUNTY JAIL. Officers booking a female arrestee at Los Angeles County Jail shall perform the following duties prior to transporting the female arrestee.

  • Transport the arrestee to the appropriate Area station;

  • Complete a Los Angeles Consolidated Booking Form, Form 05.01.02;

Note: When completing the Form 05.01.02, the "location of booking" shall be the Department facility where the form is obtained.

If the Decentralized Automated Booking Information System (DABIS) is unavailable, complete a Los Angeles Consolidated Booking Form, Form 05.01.00, and obtain a booking number telephonically from Records and Identification Division.

  • Inventory the arrestee's personal property and list the property in the "Property" Box of the Consolidated Booking Form;

  • Place the arrestee's property in a plastic prisoner property bag. The Property Record Page of the Consolidated Booking Form shall be placed in the bag in such a manner that the identification information is visible;

Note: The arrestee may retain a plain wedding band, dentures, and prescription eye glasses.

  • Ensure the Prisoner's Receipt page of the consolidated booking form is retained by the arrestee;

  • Allow the arrestee to retain up to $40.00 in U.S. currency on her person;

  • Have a supervisor verify the amount of currency retained by the arrestee and the amount packaged in the plastic property bag, and initial the "retained" and "deposited" boxes on the Los Angeles Consolidated Booking Form, Form 05.01.02;

  • Place the currency to be deposited in a coin envelope and seal it in the upper portion of the plastic property bag;

Note: The property bag shall be sealed in the presence of the supervisor verifying the amount and, whenever practicable, in the arrestee's presence.

  • Obtain a booking photograph of the arrestee as required in Department Manual Section 4/635.10;

  • Complete three Fingerprint Cards, Form FD249. Attach the completed Fingerprint Cards to the Booking and Identification Record page of the Consolidated Booking Form;

  • Complete one Palm Print, Form 05.06.01, and one Handwriting Exemplar, Form 05.07.00, as required by Department Manual Sections 4/625.25 and 4/625.30; and,

  • Distribute completed reports in accordance with established procedures. (Department Manual Section 5/5.2).

The arrestee, plastic prisoner property bag, and the Jail Custody Record page of the Consolidated Booking Form shall be transported to Los Angeles County Jail. Upon delivering the female arrestee to the Los Angeles County Jail, the arrestee's personal property shall be presented to the reception employee, who will remove the coin envelope (containing the arrestee's currency) from the plastic property bag and instruct the officer to deliver the envelope to the Los Angeles County Jail cashier. The cashier will verify the amount of currency to be deposited and issue a "deposit ticket" (LASD FORM SH‑J‑251A). The officer shall give the arrestee the prisoner's copy (green) of the "deposit ticket," and submit the depositor's copy (white) with the Booking and Identification Record page of the Form 05.01.02 or 05.01.00. The plastic prisoner property bag and the Jail Custody Record page will be retained by the reception clerk at the Los Angeles County Jail.

604.50 BOOKING CHARGES. When a person is arrested without a warrant for the commission of more than one offense, he or she shall be booked on the charge carrying the greatest penalty, or on the charge for which the evidence is most conclusive.

A person arrested for an offense punishable as a felony shall be booked on the felony charge regardless of whether the case could be prosecuted as a misdemeanor under authority of 17(b)4 P.C.

Exception: A juvenile may be handled as a "contact only" in compliance with existing procedures (4/218.68).

When a misdemeanor warrant is issued for a felony crime (e.g., 459 P.C.-Misdemeanor) the booking charge shall be as specified on the warrant.

When a felony narcotics arrestee is also suspected of committing any other felony, the recommended booking charge shall be for the non‑narcotic crime. In the event that the arrestee is released from the original charge, the investigating unit having responsibility for the original charge shall be responsible for filing the narcotics charge(s).

The Arrest Report, Form 05.02.00, shall include prima facie evidence of all violations committed by the arrestee.

Note: When a person is arrested on a local charge or warrant and a fugitive charge, he/she shall be booked on the local charge or warrant. The fugitive charge shall be placed supplementary (4/646.10).

Investigations and Arrests by Investigative Personnel. Investigative officers having responsibility for the filing of a booking charge shall be responsible for filing any additional charges for which prima facie evidence exists in the arrest report.

Felony Investigations and Arrests by Uniformed or Non‑Investigative Personnel.

Adults or Juveniles Booked on a Felony Non‑Narcotics Charge. If the arrest involves additional narcotics charges, the concerned Area detectives shall also file related narcotics charges.

Adults Booked on a Felony Narcotics Charge. The follow‑up investigation for which an adult arrestee was booked on a felony narcotics charge shall be the responsibility of Gang and Narcotics Division. Gang and Narcotics Division shall also file non‑narcotics charges for which prima facie evidence exists in the arrest report.

Juveniles Booked on a Felony Narcotics Charge. The follow‑up investigation for which a juvenile arrestee was booked on a felony narcotics charge shall be the responsibility of the concerned Area detectives. The concerned Area detectives shall also file non‑narcotics charges for which prima facie evidence exists in the arrest report.

Adults and Juveniles Booked Together on a Felony Narcotics Charge. The follow‑up investigation in which adults and juveniles were arrested together shall be handled by the concerned Area detectives.

Note: If another Department entity is better suited to file charges, that responsibility may be transferred after mutual agreement (4/550.12).

606.TYPES OF BOOKINGS.

606.02 COURT BOOKINGS. When a person is booked on a court commitment, the concerned court (e.g., Division 50) shall be noted on the Booking and Identification Record, Form 05.01.00, in the boxes titled "DIVN. & DETL. ARR.," "LOCATION OF ARREST," and "ARRESTING OFFICER(S)."

606.03 ENROUTE BOOKING - OUTSIDE AGENCY. Whenever jail personnel receive outside agency arrestees for temporary detention, they will not be booked or processed. The Short Arrest Report, Form 05.02.01, will be utilized to record the jail's acceptance of temporary outside agency detainees. The checkboxes marked, "Temporary Detention For" and "Charge" must be marked whenever the concerned jail receives temporary detainees.

Note: Identification Thumb and four fingers flat prints shall be obtained on the reverse side of the Short Arrest Report's Custody Record at the time of intake and when released to outside agency authorities. An arrestee identification band shall be completed and attached to the left wrist of the arrestee, as soon as practical after the arrestee is received. The band shall include the arrestee's name, right thumb print, and property bag number (if appropriate).

Temporary outside agency detainees shall not otherwise be photographed, fingerprinted, or issued booking numbers.

When it is ascertained that a person booked on an enroute booking has a local want or warrant, notification must be made to the Fugitive Warrants Section, Detective Support and Vice Division, by the custodial detention officer.

Note: When Fugitive Warrants Section is closed notification must be made to Real-Time Analysis and Critical Response Division (RACR).

606.07 FUGITIVE WARRANT BOOKINGS.

In‑State Fugitive Warrants. When a person is arrested for another agency within the State and this Department does not have a pending investigation pertaining to the person, the Booking and Identification Record, Form 05.01.00, shall be completed as follows: Enter the criminal charge, followed by the word "FOR," and the name and complete designation of the wanting agency.

Example: 211 P.C. (Robbery) for Fresno P.D.

   459 P.C. (Burglary) for San Diego Sheriff

Out‑of‑State Fugitive Warrants. Officers obtaining a return on a want and warrant check indicating that an individual has an out-of-state fugitive warrant shall check to determine if the return contains the “Limited” extradition designator.  This includes extradition warrants that do not list California as a state from which the issuing agency is willing to extradite.

Note: For “Limited” extradition cases, officers may lawfully arrest and book a suspect named on an out-of-state warrant even if California is not listed on the warrant as a state from which the suspect will be extradited. However, officers shall not contact the issuing agency for warrant or stolen vehicle information without prior approval from Fugitive Warrant Section (FWS), Detective Support and Vice Division (DSVD), or when closed, DSVD Administrative Desk.

Multiple Charges. If a suspect, who has been arrested on a local or in-state charge, is also wanted on an out-of-state fugitive warrant, or is an occupant in an out-of-state stolen vehicle, the local or in-state charge shall take precedence. The fugitive charge shall be placed supplementary.

Note: A Probable Cause Determination shall be completed whether California Penal Code (PC) Section 1551.1 is the primary or supplemental charge.

Exception: If the local charge is a Release From Custody (RFC) offense, an RFC shall not be issued. Instead, the suspect shall be booked for Section 1551.1 PC (Fugitive) and the elements of the RFC offense shall be included in the narrative portion of the arrest report.

Booking Advice. Booking advice for out-of-state fugitive arrests shall be obtained from the investigative supervisor, FWS, or when closed, DSVD Administrative Desk. Sworn personnel shall provide the FWS supervisor with the name of the fugitive, the identity of the requesting entity, the charge against the fugitive, any stolen vehicle information and the jurisdiction reporting the vehicle stolen.

No Extradition Out-of-State Warrants. Officers obtaining a return on a want and warrant check indicating that an individual has an out-of-state fugitive warrant shall check to determine if the return contains the “NOEX” (No Extradition) designator.  If so, personnel shall not arrest the person based on the hit without independent probable cause. Booking advice and approval for out‑of‑state fugitive arrests shall be obtained from the investigative supervisor, FWS, or when closed, DSVD Administrative Desk. Fugitive Warrant Section has the final authority on booking charges for out-of-state issues.

Out-of-State Stolen Vehicles. All occupants in an out‑of‑state stolen vehicle should be detained pending an investigation. Each occupant should be interviewed separately to determine whether he/she was directly or indirectly involved in the theft of the vehicle. When an occupant of an out-of-state stolen vehicle is unable to satisfactorily demonstrate legitimate cause for being in the vehicle, he/she (except for young children unable to operate a motor vehicle) shall be booked under Section 1551.1 PC. Occupants shall not be booked for California Vehicle Code Section 10851 or 487(D) PC.

Example: 1551.1 PC Fugitive Arizona-GTA.

Out-of-Country Warrants. Officers receiving information that a suspect may be wanted in another country shall not arrest the suspect without independent probable cause. Officers receiving this information should avoid contact with the suspect and obtain as much information as possible from the source. This information shall be given as soon as possible to the Foreign Prosecution Liaison Unit, FWS or when closed, the Department Command Post.

When a person is arrested for an out‑of‑state agency and this Department does not have a pending investigation pertaining to the person, the Booking and Identification Record, Form 05.01.00, shall be completed as follows: Enter 1551.1 P.C., the designation "FUGITIVE," the name of the wanting state or country, followed by the criminal charge.

Example:    1551.1 P.C. Fugitive New York-Robbery.

                    1551.1 P.C. Fugitive Idaho-Burglary.

Note: When the person arrested is a juvenile, insert the proper Welfare and Institutions Code section prior to the charge.

Example:    602 WIC-Fugitive New York-Robbery.

606.09 BOOKING OF ARMED FORCES PERSONNEL.  When a member of the United States Armed Forces is booked, the following information shall be included on the Booking and Identification Record:

  • In the box entitled "PROPERTY," insert the arrestee's branch of service, rank, serial number, location of ship or station, whether in or out of uniform, and duty status; also the rank, name, and serial number of the Liaison Officer, and the name and serial number of the officer who reported the information to the Liaison Officer.

Note: The following information shall be reported to the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), by telephone:

  • The arrestee's name, serial number, rank, ship or station, duty status, whether in uniform or civilian clothes, booking number, and the names of the arresting officers.

606.14 BOND SURRENDER BOOKINGS. A bond surrender booking shall be made only when:

  • A bondsman who posted an arrestee's bail or the bondsman’s lawful designee (e.g., “bounty hunter”) desires to return the arrestee to custody of this Department, AND

  • The arrestee was released from custody of this Department by the posting of a bail bond, AND

  • The arrestee's bail has not been forfeited (bondsman's signed statement of non‑forfeiture may be accepted as verification).

Note: If bail has been forfeited and no warrant has been issued, the bondsman must surrender the prisoner directly to the court declaring the forfeiture.

When the above conditions exist, the booking employee shall obtain one of the following:

  • A certified copy of the undertaking of the bail;

  • A certified copy of the certificate of deposit; or,

  • An affidavit given by the bail licensee or surety company listing all the specific information that would be included on a certified copy of an undertaking of bail.

Note: Penal Code Section 1300 (a)(3) also provides that the accepting agency must, within 48 hours of the surrender, bring the defendant before the court in which the defendant is next to appear on the case for which he/she has been surrendered.

In addition, the booking employee shall:

  • Use the SI01 (Booking Number Inquiry, AJIS) function or the SI02 (Name Inquiry, AJIS) function on a NECS terminal.

  • Give the bondsman a Certificate of Bail Surrender, Form 06.40.00.

Note: A bondsman's prisoner shall not be received into any City jail facility when the prisoner was not originally detained by this Department.

Arrest Status Unchanged. If the arrest status of the arrestee has not changed since the issuance of the bond, the following information shall be included on the Booking and Identification Record, Form 05.01.02:

  • In the box entitled BKG# on the DTL2 DABIS screen enter the original booking number. In the space following "SUPPLEMENTAL" on the DTL2 DABIS screen, enter "Y."

  • In the box entitled Charge; insert the charge followed by "Bond Surrender."

  • In the box entitled Div. & Detl. Arr., insert "Bondsman."

  • In the box entitled Location of Arrest, insert the location of apprehension by the bondsman.

  • In the box entitled Property, insert the following information:

    • "Bond Surrender on Bail Bond No." (number).

    • Name and address of the bonding company and the name of the surety company.

    • Court information (the date and time of the next session of the appropriate court to which the arrestee can be routinely transported).

    • "Bail" followed by the amount of bail.

    • "Arrestee and Bondsman Declare Bail Has Not Been Forfeited."

  • In the box entitled Arresting Officer(s), insert the typed name of the bondsman, the word "Bondsman" in parentheses, and obtain the bondsman's signature.

Arrest Status Changed, No New Charge. If the arrest status of the arrestee has changed since the issuance of the bond and no new charges have been filed, the Booking and Identification Record, Form 05.01.02 shall be completed as above, with the following exception:

  • In the box entitled Property, in place of "Court Information," insert the notation "Released From Custody," followed by the name and serial number of the investigating officer who authorized the release of the charge shown on the bond. No bail amount shall be shown.

Arrest Status Changed, New Charge. If the arrest status of the arrestee has changed since the issuance of the bond and a new charge has been filed, the Booking and Identification Record, Form 05.01.02, shall be completed as above with the following exceptions:

  • In the box entitled Charge, insert the current charge.

  • In the box entitled Property, in addition to the information‑called for above, on a separate line, insert "City Attorney's Complaint Number (number)."

Note: Bail amount shown shall be the amount of bail for which the arrestee may be released (misdemeanor bail schedule).

606.15 PRIVATE PERSON'S ARREST BOOKING. When an arrestee is booked as the result of a private person's arrest the following information shall be included on the Booking and Identification Record, Form 05.01.00:

  • In the box entitled Div. & Detl. Arr., insert the private person's arrest symbol, "(CZN)," followed by the division transporting.

  • In the box entitled Arresting Officer(s), insert the name of the arresting private person(s), followed by the symbol "(CZN)."

606.16 MEDICAL TREATMENT BOOKINGS. When an arrestee receives medical treatment after arrest and prior to booking (4/648.10), the booking employee shall insert an "X" in the box entitled MT on the Booking and Identification Record.

Note: The copy of the medical treatment slip shall accompany the Custody Record page of the booking form.

610. BOOKING CHARGES.

610.05 LISTING CHARGES - GENERAL. When the booking is for violation of a California law or a Los Angeles municipal ordinance, including warrant bookings and supplemental bookings, the booking section, as listed in the Automated Justice Information System (AJIS) Booking Charge Table, shall be entered exactly as depicted in the appropriate charge table, followed by a parenthesized abbreviation of the crime.

610.10 BOOKING OF JUVENILES. Juveniles shall be booked on the charge recommended by the concerned detective division investigative supervisor or the concerned Area watch commander.

Exception: The watch commander approving the booking has the final authority as to the booking charge. In the event the investigative supervisor’s advice differs from that of the watch commander, the watch commander shall ensure his/her rationale is properly documented in the Watch Commander’s Daily Report, Form 15.80.00.

610.12 ATTEMPTED CRIMES. When a booking is made for an attempt to commit any crime, the booking shall be completed as follows: Enter 664/followed by the Penal Code section number for the crime that was attempted.

Example:  664/459 P.C Attempt Burglary.

610.20 DANGEROUS WEAPONS BOOKINGS. When a booking is made for violation of the Dangerous Weapons' Control Law, the charge shall be (section number) P.C. (DWCL).

610.25 FORGERY BOOKINGS.

Prescriptions. When a booking is made for a forgery involving prescriptions, the booking shall be 4390 B.P. (Forg‑Presc).

Personal and Business Checks. When a booking is made for a forgery involving personal or business checks, the booking charge shall be 470 P.C. (Forg‑Chks).

Government Checks. When a booking is made for a forgery involving government checks, the booking shall be 470 P.C. (Forg‑Gov't Chks).

Credit Cards. When a booking is made for a forgery involving a credit card, the charge shall be

470 P.C. (Forg‑Cr Crd).

Airline Tickets. When a booking is made for a forgery involving airline tickets, the booking charge shall be 470 P.C. (Forg‑A/L Tkts).

Other Documents. When a booking is made for forgeries other than those listed in this section, the booking charge shall be 470 P.C. (Forg‑Other).

610.30 AUTO BURGLARY BOOKINGS. When a booking is made for auto burglary, the charge shall be 459 P.C. (Auto Burglary).

610.35 LOTTERY BOOKINGS. When a booking is made for lottery violation the number of tickets, if any shall be listed following the charge as "Three or less" or "More than three."

610.40 DESERTER BOOKINGS. When a booking is made for desertion from the Armed Forces, the charge shall read "Desertion, to be released to (particular agency)."

610.50 GRAND THEFT BOOKINGS.

Pickpocket. When a booking is made for grand theft accomplished by picking a pocket, the charge shall be 487.2 P.C. (G.T.-Pickpocket).

Purse Snatching. When a booking is made for grand theft accomplished by means of purse snatching, the charge shall be 487.2 (G.T.-Purse Snatching).

Theft From Person. When a booking is made for grand theft from person accomplished by means other than picking pockets, purse snatching, or bunco, the charge shall be 487.2 P.C. (G.T.-Person).

Grand Theft Bunco. When a booking is made for grand theft from person accomplished by means of a bunco, the charge shall be 487.1 P.C. (G.T.-Bunco).

610.52 DISORDERLY CONDUCT BOOKINGS.

Lewd or Dissolute Conduct. When a booking is made for lewd or dissolute conduct, the charge shall be 647(a) P.C. (Lewd Conduct).

Prostitution. When a booking is made for prostitution, the charge shall be 647(b) P.C. (Prostitution).

Begging. When a booking is made for begging, the charge shall be 647(c) P.C. (Begging).

Loitering About Public Toilets. When a booking is made for loitering in a toilet, the charge shall be 647(d) P.C. (Lewd Loiterer).

Prowler. When a booking is made for prowling the charge shall be 647(g) P.C. (Prowler).

Peeping Tom. When a booking is made for peeping tom, the charge shall be 647(h) P.C. (Peeping Tom).

Lodger. When a booking is made for lodging without permission of the owner, the charge shall be 647(i) P.C. (Lodger).

610.53 UNDER‑THE‑INFLUENCE BOOKINGS-647(f) P.C. When an arrest is made for violation of 647(f) P.C. for being under-the-influence of an intoxicating agent in a public place, the appropriate booking charge indicated below shall be used:

INTOXICATING AGENT(S)  BOOKING CHARGE

 Adult Arrestees

 Liquor, OR liquor                           647(f) P.C. (DRUNK)

    combined with drugs,

    toluene (glue sniffing), or

    similar toxic substances.

 

Drugs, OR drugs combined             647(f) P.C. (DRUGS)

    with toluene (glue sniffing)

    or similar toxic substances.

 

Toluene (glue sniffing) or                647(f) P.C. (TOXIC SUBSTANCE)

      similar toxic substances.             

Juvenile Arrestees

Liquor.                                              602 W.I.C. (647[f] P.C.-DRUNK)

Drugs, OR drugs combined              602 W.I.C. (647[f] P.C.-DRUGS)

    with liquor, toluene (glue                      

    sniffing) or other toxic

    substances.

 

Toluene (glue sniffing) or                   602 W.I.C. (647[f]  P.C.-TOXIC SUBSTANCE)       

    similar toxic substances, OR                             

    such toxic substances,                          

    combined with liquor.

Note: A public place for the purpose of 647(f) P.C. includes, but is not limited to, a public street, sidewalk, alley, park, or publicly owned building. A public place also includes private property to which the public commonly has access, either free or by payment of a fee.

610.55 TRAFFIC VIOLATION BOOKINGS. When a booking is made for a traffic violation under the authority of Vehicle Code Section 40302 or 40303, the charge shall be the most serious violation cited, followed by the notation "By the Authority of (specify section and subsection of 40302 or 40303)."

When the violation charged is Vehicle Code Section 22350, the specific speed charged shall be included and written as "22350 V.C. (45/25)."

610.60 MANSLAUGHTER IN DRIVING MOTOR VEHICLE BOOKINGS. When a booking is made for manslaughter in the driving of a motor vehicle, the charge shall be 192(c) P.C. (Manslaughter) (Felony).

610.62 BATTERY AND A.D.W. AGAINST PEACE OFFICER BOOKINGS.

Battery. When a booking is made for battery upon the person of a peace officer, the charge shall be 243 P.C. (Battery/Peace Officer).

ADW. When a booking is made for ADW upon the person of a peace officer, the charge shall be 245(b) P.C. (ADW/Peace Officer).

610.65 DRIVING ‑ UNDER ‑ THE ‑ INFLUENCE BOOKINGS. The booking charge shall be 23152a, b or c. V.C. (DUI) when:

  • The arresting officer witnesses the arrestee commit the elements of driving on a highway while under the influence of intoxicating liquor, or the combined influence of intoxicating liquor and any drug; OR,

  • The arrestee was lawfully arrested or detained by another peace officer; OR,

  • The arrestee was lawfully arrested or detained by a private person who witnessed the driving element of the offense.

Note: Driving‑under‑the‑influence arrests effected as the result of a traffic collision investigation shall have the letter "T" included in the booking charge (Example: 23152a V.C.-T(DUI).

610.74 CALIFORNIA YOUTH AUTHORITY WARRANT BOOKINGS. When an arrest is made on a C.Y.A. warrant, the charge shall be followed by "Enroute-CYA" in the box titled "Charge" on the Booking and Identification Record, Form 05.01.00.

If the arrestee is an adult, the arresting officer shall make a telephonic notification of the booking to the C.Y.A. Missing Ward Unit, Parole Headquarters‑South.

Note: When an individual is arrested on a C.Y.A. warrant and there is also a local charge, the local charge shall take precedence; and the custodial detention officer shall make the appropriate notifications to the C.Y.A. Missing Ward Unit, Parole Headquarters‑South (teletype code "LOS"). Any other change of custody or arrest status affecting the arrestee's availability for release shall also be teletyped to C.Y.A. (4/165.35).

When the arrestee is a juvenile, the arrestee shall be detained at an appropriate juvenile detention facility.

610.75 FIREWORKS VIOLATION BOOKINGS. Unlawful use, possession, sale, or discharge of fireworks shall be charged under Section 57.55.01 L.A.M.C.

When unusual circumstances or elements of commercialism exist, the Los Angeles Fire Department, Fire Prevention Section, shall be contacted for investigative assistance and expert testimony.

611. COUNTYWIDE WARRANT SYSTEM (CWS) BOOKINGS.

611.05 ACCESSING CWS - OFFICER'S RESPONSIBILITY.

Accessing CWS via NECS Terminal. Officers shall, whenever practicable, access CWS via an Area NECS computer terminal. In addition to data pertaining to suspects, officers initiating CWS inquiries via a NECS terminal shall enter, or cause entry of, the following information:

  • Requesting officer's last name or assigned unit radio designation.

  • Requesting officer's serial number.

  • Requesting officer's date of appointment.

Accessing CWS via Radio. Officers requesting CWS information via radio shall:

  • Upon receiving a clear radio frequency, begin transmission by stating the requesting officer's assigned unit radio designation, followed by all available suspect descriptors. The descriptor shall include the paternal and maternal last name of a Spanish surnamed suspect, unless it is determined that only one name is used.

Note: This data shall be entered into the appropriate CWS format field by the receiving control operator. If a positive response is received, the suspect descriptors from the warrant shall be relayed to the requesting employee.

If applicable, designate the Area NECS computer terminal to which a warrant information sheet is to be forwarded.

Note: Unless otherwise directed, officers shall designate the concerned Area jail for receipt of CWS warrant information sheets. Watch commanders may direct officers to designate the concerned Area records unit for receipt of CWS information (4/611.35).

Exception: An officer arresting an adult male in Central, Hollenbeck, Newton, Northeast or Rampart Areas on a misdemeanor warrant may request that the warrant information sheet be teletyped to Metropolitan Jail Section. When a warrant information sheet is teletyped to Metropolitan Jail Section, approval for booking shall be obtained from a Metropolitan Jail Section supervisor.

611.10 POSITIVE RESPONSE TO CWS INQUIRY - EMPLOYEE'S RESPONSIBILITY. When a positive response is indicated for a CWS inquiry the requesting employee shall:

Pre‑Arrest Procedures:

  • Prior to arresting or transporting the suspect, compare the descriptors on the warrant to the suspect's physical characteristics to determine if the suspect is the person described on the warrant.

  • Officers presented with a Los Angeles Police Department (LAPD) Clearance Document, Form 08.20.00, or other similarly reliable document issued by another Los Angeles County law enforcement agency or court by the suspect shall:

    • Review the number and issue date of the CWS warrant response via the Mobile Digital Terminal or radio; and,

    • Compare that information to the warrant number and issue date on the LAPD or other Los Angeles County law enforcement agency or court clearance document.

Note: The suspect shall not be arrested for the CWS warrant if the issuance date of the CWS warrant is more than 30 days prior to that of the LAPD or other Los Angeles County law enforcement agency or court clearance document.

  • Once a determination has been made, either release or transport the suspect for booking.

Note: Officers obtaining a return on a want and warrant check indicating that an individual has an out of state felony warrant shall check to determine if the return contains “NOEX” (no extradition) designator. If so, officers shall not arrest the person based on the “hit” without independent probable cause. Booking advice and approval for out-of-state fugitive arrests shall be obtained from the investigative supervisor, FWS, or when closed, DSVD Administrative Desk. Fugitive Warrant Section has the final authority on booking charges for out-of-state issues.

Pre‑Booking Procedures:

  • Immediately take the arrestee before the watch commander for an inspection and interview.

  • Immediately conduct a search of all reasonably available records relating to the suspect or wanted person whenever a suspect claims not to be the person named on a CWS warrant.

  • Obtain booking advice from an investigative supervisor.

Note: Booking advice is not required if the investigative entity responsible for the follow-up investigation is off-duty.

  • Allow the suspect to review a copy of each warrant information sheet for which booking is to take place.

  • Write the name of the arresting officer, the date, and the time the suspect reviewed the warrant(s) on the copy(ies) of the warrant information sheet(s).

  • Record the following information, with respect to each warrant, in the Arrest Report, Form 05.02.00, when the arrestee claiming not to be suspect of a CWS warrant is booked pursuant to the warrant:

    • List each of the specified records checked and list those records which were not checked, and the reasons therefore. The arresting officer may discontinue the record search if positive identification of the suspect is established;

    • State that there are no other reasonably available records that are known to the officer that could have been reviewed which might identify or assist in identifying either the suspect or wanted persons; and,

    • Articulate the specific facts which give probable cause to believe the arrestee is the wanted person.

  • Obtain booking approval from the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division. Booking advice and approval for out-of-state fugitive arrests shall be obtained from the investigative supervisor, FWS, or when closed, DSVD Administrative Desk. Fugitive Warrant Section has the final authority on booking charges for out-of-state issues.

 Post‑Booking Procedures:

  • Write the booking number on the front upper right hand corner of one copy of the abstract.

Note: In the case of an immediate cash bailout on a misdemeanor traffic warrant, a DR number is used in place of the booking number (4/682.15).

  • Return the abstract to the Unit to which the abstract was teletyped and cause the appropriate booking information to be entered into the CWS.

Note: When a CWS warrant arrestee is booked into a jail facility other than the geographic Area where the warrant information sheet was received, officers responsible for the booking shall, without delay, telephonically advise the unit where the warrant information sheet was originally received and return the abstract to that unit when practicable.

When an Arrest Report, Form 05.02.00, is required for an arrestee who is also the subject of a CWS warrant information sheet, or when a CWS abstract is an element of the probable cause that brought about the arrest of a suspect for an offense other than that listed on the warrant information sheet, a copy of the CWS warrant information sheet shall be attached to a Continuation Sheet, Form 15.09.00, which shall be incorporated into the arrest report.

Jail personnel discovering a CWS warrant(s) on a booked suspect shall compare the physical descriptors of the warrant(s) with those of the suspect and allow the suspect to review the abstract(s) prior to including the warrant(s) as an additional change.

When a warrant information sheet does not arrive at the designated terminal within 15 minutes, the requesting officer shall telephonically notify the Automated Want/Warrant Unit, Records and Identification Division.

611.15 CWS ARRESTEE ALLEGES TO HAVE BEEN PREVIOUSLY BOOKED OR CLAIMS NOT TO BE THE SUBJECT OF A WARRANT.

CWS Arrestee Alleges to Have Been Previously Booked. If an arrestee alleges to have been previously booked by authority of a warrant obtained through the CWS, the arresting officer shall ascertain the validity of the warrant in question. To resolve the status of the warrant, the arresting officer shall:

  • Contact the court of issuance, when possible, and inquire as to the status of the warrant, or

  • Contact Criminal Records Section, Records and Identification Division, and request a check of arrest package for a related booking document, or

  • When applicable, contact law enforcement agency where booking allegedly occurred and request search of arrest package for booking document.

Note: Booking documents must be checked because often warrant arrests are not recorded on Criminal Identification and Investigation Records (rap sheets).

CWS Suspect Claims Not To Be The Subject Of A Warrant. When a suspect claims not to be the person named on the warrant or when a suspect voluntarily submits to a warrant check at an Area/division, officers shall, prior to booking, attempt to identify the suspect by accessing the following:

Local Warrants:

  • Los Angeles Police Department Records.

  • Personal History Index.

  • Department of Motor Vehicles.

  • Suspect's fingerprint comparison.

For Foreign Warrants, add:

  • Originating Agency.

  • State Criminal History.

If during the records search the suspect is positively identified as the subject of the warrant, the record search may be terminated. When a record check does not eliminate the suspect and the concerned Department employee believes the suspect is the person on the warrant, the suspect may be booked. When a record check is made and the suspect is booked, the procedure shall be outlined in an Arrest Report, Form 05.02.00 (4/611.10). When a record check is made and the suspect is determined not to be the subject of a warrant a Los Angeles Police Department Clearance Document, Form 08.20.00, shall be issued.

Note: Jail personnel completing a record check on a booked arrestee shall document the results on the Supplemental Charge Record, Form 05.08.00, when the arrestee is determined to be the subject of the warrant.

611.20 CWS ARRESTEE PREVIOUSLY BOOKED FOR WARRANT CURRENTLY IN CWS. When it is determined that an arrestee has been previously booked for a warrant currently in the CWS the arresting officer shall:

  • Cause immediate release of the arrestee.

  • Obtain, if possible, the original booking number, date of booking, and booking agency.

  • Telephonically notify the Warrant Unit, Records and Identification Division, of the previous booking and related booking information.

Note: Warrant Unit personnel shall cause removal of the warrant from the CWS.

  • Mark the original and all copies of the warrant information sheet "Delete from CWS," followed by the date, time, reason for deletion, and the arresting officer's name and serial number.

  • Forward, via Department mail, the original and all copies of the warrant information sheet to the Warrant Unit, Records and Identification Division.

611.25 CWS WARRANT INFORMATION SHEET NOT USED FOR BOOKING. When it is not to be used for booking, the requesting officer shall:

  • Mark the original and all copies of the abstract "Reactivate," followed by the date, time, reason for reactivation, and the officer's name and serial number.

  • Return the original and all copies to the unit where the abstract was received and cause the appropriate reactivation information to be entered into the CWS.

611.27 WARRANT CLEARANCE PROCEDURES - INVESTIGATING OFFICER'S RESPONSIBILITY. Whenever an individual voluntarily submits to a CWS warrant check at an Area or division, an investigating officer shall conduct a records search to determine if the individual has any outstanding warrants. If there are no outstanding warrants for the individual, the investigating officer shall issue the LAPD Clearance Document, Form 08.20.00, to the individual.

Note: The Form 08.20.00 shall be issued within two hours of the individual's warrant check or sent by registered mail within ten days if it is unfeasible to complete the warrant check at the time of request.

If the investigating officer finds that the individual is wanted on an outstanding warrant, the investigating officer shall comply with established pre‑booking procedures.

Note: The above procedures apply only to CWS warrants. No clearance document shall be issued for or apply to National Crime Information Center (NCIC) warrants.

611.30 JAIL UNIT’S RESPONSIBILITY. Personnel of the jail unit where a warrant information sheet is received shall:

  • As soon as practicable, deliver the warrant information sheet to the watch commander of the concerned Area/division.

  • Enter the appropriate booking information into the CWS when an arrestee is booked or posts immediate cash bail.

  • Enter the appropriate reactivation information into the CWS when a warrant information sheet is not used to book an arrestee.

Personnel of the jail unit where a warrant arrestee is booked shall:

  • Allow misdemeanor arrestees booked pursuant to a warrant immediate access to their property if the arrestees claim that the property contains evidence that they are not the suspect listed on the warrant.

Note: If the misdemeanor arrestee authorizes, the property shall be released to any third party designated by the arrestee.

  • Enter the appropriate booking information into the CWS when an arrestee is booked or posts immediate cash bail.

Note: When a booked prisoner is found to have an additional misdemeanor warrant, the abstract will be forwarded to the facility where the arrestee was booked. Upon receipt of the abstract, the concerned custodial detention officer shall verify the arrestee's identification, complete a Supplemental Charge Record, Form 05.08.00, and enter the appropriate booking or reactivation information into the CWS. When a records unit receives such an abstract, the concerned records supervisor shall cause the abstract to be immediately delivered to the custodial detention officer and the appropriate booking or reactivation information to be entered into the CWS.

  • Upon receiving an Overtime Response to Abstract Teletype, an employee assigned or detailed to a jail facility shall, as soon as practicable, deliver such notification to the concerned watch commander.

  • When an arrestee is booked on a want or warrant obtained from the CWS computer, place the system identification number in the appropriate box on the Booking and Identification Record.

  • Place want and warrant numbers in the Warrant Number box. Want numbers shall be preceded by the letters "WNT." The original of the arrest warrant information sheet shall be stapled to the back side of page 1 of the Booking and Identification Record.

  • When an arrestee has been arrested on a want obtained from CWS and it is determined prior to booking that a warrant has been issued for the same offense, the warrant number shall be placed in the Additional Charges box.

  • When an arrestee has additional warrants having the same system identification number as the original, the warrant numbers and courts shall be placed in the Additional Charges box. When the additional warrants have different system identification numbers, the additional system identification numbers shall be placed in the Additional Charges box preceding the warrant number.

Exception: When an arrestee is booked on an original warrant and a CWS system identification number is not available, the word "Hardcopy" shall be placed in the system ID Number space of the Booking and Identification Record.

Note: When an arrestee is booked on a want or warrant which requires an Arrest Report, Form 05.02.00; a Disposition of Arrest and Court Action Report, Form 05.09.00; or an Investigator’s Final Report, Form 05.10.00, the Booking and Identification Record, Form 05.01.00, shall be used.

Ensure that both the system identification and warrant numbers from all abstracts are entered into the computer.

611.35 RECORDS UNIT’S RESPONSIBILITY. When the concerned Area jail unit is unable to receive warrant information sheets and/or update CWS information, the records unit shall be designated, by the concerned patrol division watch commander, to perform the appropriate function. Personnel of the records unit shall:

  • Enter the appropriate booking information into the CWS when an arrestee is booked or posts immediate cash bail.

  • Enter the appropriate reactivation information into the CWS when no arrestee is booked on the abstract.

  • Deliver to the concerned watch commander, as soon as practicable, any Overtime Response to Abstract Teletypes.

611.45 PATROL DIVISION, WATCH COMMANDER’S RESPONSIBILITY. Patrol division watch commanders shall be responsible for:

  • Advising patrol division personnel to request transmission of warrant information sheets to the Area records unit when the concerned jail unit is unable to receive and/or update CWS information.

  • Directing appropriate corrective action to be taken in the case of overdue status warrants.

Note: A warrant shall not be reactivated unless positively ascertained, by contacting the arresting officer, that an arrestee has not been booked pursuant to the authority of the warrant in question.

Upon receipt of a CWS warrant information sheet, the concerned Area/division watch commander shall:

  • Cause the warrant number and suspect's name to be entered upon the Warrant Abstract Log, Form 08.12.

  • Maintain custody of the warrant information sheet until release to the Department employee requesting the CWS inquiry.

  • Prior to releasing the warrant information sheet, cause the requesting employee to sign their name and serial number on the Warrant Abstract Log, Form 08.12, acknowledging receipt of the warrant information sheet.

  • Ensure the appropriate disposition of the warrant information sheet.

  • Cause an entry to be made on the Warrant Abstract Log, Form 08.12, indicating the disposition of the warrant information sheet.

  • Sign their name and serial number on the Warrant Abstract Log, Form 08.12, verifying the receipt and disposition of the warrant information sheet.

611.50 JAIL DIVISION SUPERVISOR’S RESPONSIBILITY. Jail Division supervisors shall be responsible for:

  • Ensuring proper disposition of warrants teletyped to Jail Division.

  • Directing appropriate corrective action in the case of overdue status for warrants teletyped to Jail Division.

Note: Warrants shall not be reactivated unless positively ascertained, by contacting the arresting officer, that an arrestee has not been booked pursuant to the authority of the warrant in question.

611.55 RECORDS AND IDENTIFICATION DIVISION RESPONSIBILITY. A CWS warrant that caused the wrong suspect to be booked shall be purged from CWS. Purged warrants shall not be reactivated or re‑entered into the CWS data base, unless:

  • The purged warrant is a felony warrant, felony want, or felony commitment; and,

  • The Commanding Officer, Records and Identification Division, determines that the purged warrant, on its face or as supplemented by data obtained through additional investigation, contains sufficient reliable, descriptive information about the wanted person to justify re‑entry.

Note: A warrant that has been purged from the CWS data base and is subsequently recalled by the court and reissued after the addition of new descriptor information may be re‑entered into the CWS data base if the warrant meets the minimum input requirements.

The arrest disposition of an arrestee booked on the wrong warrant shall not be communicated (as part of the criminal arrest history of the arrestee) to the:

  • California Department of Justice;

  • Federal Bureau of Investigation; or

  • Any local, state, or national organization, agency, or data collection service.

If an arrest record is communicated to an above listed entity and it is subsequently determined that the arrestee is not the suspect listed on the warrant, a copy of the arrest and disposition records shall be forwarded within 30 days of the determination to the concerned agency and the last known address of the arrestee indicating that the person was arrested on a warrant issued for another person. "Purge the records of the arrest" shall be noted in red at the top of the form.

615. BOOKING MILITARY PERSONNEL.

615.10 NOTIFICATION TO LIAISON OFFICER. When booking a member of the Armed Forces (1), the booking employee shall notify the Liaison Officer, Detective Support and Vice Division, by telephone, of the arrestee's:

  • Name, rank, and serial number.

  • Branch of service.

  • Organizational unit and its location.

  • Dress (uniform or civilian clothes).

  • Duty status (on liberty, on orders, AWOL, deserter).

  • The name, rank, and serial number of the Liaison Officer shall be obtained and placed on the booking slip (4/606.09).

[(1) Armed Forces personnel include: members of the Navy Marine Corps, Air Force, Army, Coast Guard, and National Guard on active duty.]

615.20 MILITARY SERVICE GROUPS TO BE BOOKED AS CIVILIANS. The regular booking procedure shall apply when an arrestee is a member of the:

  • United States Maritime Service.

  • California State National Guard (inactive duty).

  • United States Maritime Training Service.

  • California State Naval Guard.

615.30 ARMED FORCES INDUCTEES. When an arrestee has received orders to report to an induction center but has not been inducted, he/she shall be handled as a civilian. If the detention results in his/her being unable to report to the induction center at the specified time, the Federal Bureau of Investigation shall be notified.

615.40 HIGH‑GRADE MISDEMEANORS AND FELONIES BY ARMED FORCES PERSONNEL.  When a member of the Armed Forces is arrested for a felony or a high‑grade misdemeanor (2), he/she shall be booked on the offense indicated and not released to the military authorities.

[(2) "High‑grade" misdemeanors include: Petty Theft, Dangerous Weapons' Control Law, Traffic Manslaughter, Indecent Exposure, Child Molesting, Contributing, Lewd Conduct, Lewd Loiterer, and all other misdemeanor sex crimes.]

617. BOOKING ON A “FOREIGN” CALIFORNIA ADULT MISDEMEANOR WARRANT.

617.10 NOTIFICATION TO DEMANDING JURISDICTION. When an arrestee is booked on a foreign California adult misdemeanor warrant and is not wanted on a local charge, the custodial detention officer shall cause a Notification of Availability for Release Teletype (4/165.34) to be sent to the demanding jurisdiction. The foreign jurisdiction shall also be notified by the custodial detention officer of any change of custody or arrest status affecting the arrestee's availability for release.

Exception: When an adult is booked on a Los Angeles County Sheriff's Department misdemeanor warrant, the detention officer shall cause a teletype notification to be sent to the Sheriff's Department Transportation Bureau (4/660.20).

617.15 JUVENILE NAMED ON A FOREIGN CALIFORNIA ADULT TRAFFIC WARRANT. When a juvenile is named on an adult traffic warrant that was issued by a court outside the City of Los Angeles, the watch commander approving the booking shall ensure that an attempt is made to contact the jurisdiction of issuance to verify the status of the warrant prior to the booking of the juvenile (4/218.60 and 4/218.61).

617.20 BOOKED MISDEMEANANT WANTED ON A LOCAL CHARGE. When an arrestee is booked on a foreign California adult misdemeanor warrant and is subsequently determined to have local wants or warrants, the custodial detention officer shall complete a Supplemental Charge Record, Form 05.08.00, and cause teletype notification of the change in arrest status to be made to the foreign jurisdiction. When the arrestee remains in Department custody after disposition of the local charge, the custodial detention officer shall cause the Notification of Availability for Release Teletype (4/165.34) to be sent. When custody of the arrestee is transferred to an agency other than the wanting agency, the custodial detention officer shall cause a Notification of Forwarded Warrant Teletype (4/165.35) to be sent.

618. ARREST OF FOREIGN NATIONALS.

618.20 NOTIFICATION OF ARREST. When an arrestee claims to be a foreign national, the detention officer shall notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR) of the arrestee's name, the booking number, and the charge.

618.40 COMMUNICATIONS WITH PRISONERS BY FOREIGN CONSUL. Upon presentation of his credentials, a foreign Consular Officer shall be permitted to visit with any foreign national in custody and to arrange for legal representation. Any communication directed to the foreign Consul by a foreign national in custody shall be forwarded without delay.

620. SEARCHING ARRESTEES AT BOOKING OFFICE.

620.10 REMOVAL OF PROPERTY OF ARRESTEES - CITY JAIL SYSTEM. Arrestees shall be searched at the booking desk in accordance with legal standards and Department policy.

Permissible Items Retained by the Arrestee. Arrestees may only retain the below listed items on his/her person:

  • Clothing being worn (except as listed in Manual Section 4/645.20;

  • Los Angeles Police Department traffic citations (Traffic Notices to Appear), when the arrestee is to appear in a traffic court. Such citations shall be stapled to the arrestee’s copy of the Booking and Identification Record, Form 05.01.00;

  • Prescription glasses; and,

  • Hearing aid with battery.

Note: Juveniles shall be allowed to keep basic clothing only.

All other property that the arrestee is not allowed to retain, with the exception of contraband, shall be packaged in an unused, number-imprinted, polyethylene prisoner property bag (excluding excess personal property). The imprinted number on the prisoner property bag shall be recorded in the Property section of the Booking and Identification Record.

620.11 CARE AND CUSTODY OF PERSONAL PROPERTY OF JUVENILE ARRESTEES. Employees arresting or processing juvenile arrestees shall remove all of the juvenile's personal property. The property shall be itemized in the Property section of the Booking and Identification Record, Form 05.01.00, and packaged in an unused polyethylene prisoner property bag. The property bag shall be sealed and the prepunched number on the bag recorded in the Property section of the Form 05.01.00.

Note: Money shall be placed in a separate coin envelope before being placed in the property bag.

When booking or processing juvenile arrestees who will not be detained, the employees shall verify the contents of the property bag with the juvenile prior to his/her release. When the juvenile arrestee is to be booked into a Los Angeles County Probation facility, he/she shall be turned over to Intake and Detention Control, Juvenile Hall with a copy of the arrest report and the sealed property bag.

620.12 ADDITIONS TO, OR REMOVALS FROM, THE PRISONER PROPERTY BAG. When a prisoner's personal property is added to, or a portion is removed from, a sealed prisoner property bag, a new bag shall be utilized. The prepunched number on the prisoner property bag shall be recorded in the Property  section of Page 3 (Property Record) of the Booking and Identification Record, followed by the last name and serial number of the officer adding to, or removing a portion from, the personal property. In addition, when investigations, additions, or removals are made to a prisoner's personal property bag, the custodial detention officer shall record the correct transaction on the back of Page 3 (Record of Property Transaction) of the Booking and Identification Record.

620.15 REMOVAL OF PROPERTY OF ARRESTEES - LOS ANGELES COUNTY JAIL. An officer booking a female arrestee at Los Angeles County Jail shall conduct a search of the arrestee's purse. All property shall be packaged in a prisoner's property package except that the arrestee may return the items allowed under existing Los Angeles County Jail regulations.

620.20 RESPONSIBILITY FOR SEARCH OF ARRESTEE. Searches of prisoners booked in the City Jail System shall be conducted by the arresting or transporting officer, unless specifically relieved of the searching responsibility by an officer assigned to that duty.

With the approval of the commanding officer of the place of booking, an officer may be specifically assigned to searching duties and may assume responsibility for the search of an arrestee from the arresting or transporting officer.

Note: A police officer or detention officer conducting the search shall be of the same sex as the arrestee.

620.22 BOOKING SEARCHES.

DEFINITIONS:

Strip Search. A strip search shall be considered to be any search wherein an arrestee is required to remove all of his or her clothing, or to remove or arrange some of his or her clothing, so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that arrestee.

Visual Body Cavity Search. A visual body cavity search shall be considered any search wherein an unclothed arrestee is required to bend at the waist, squat, or to lift or spread the breasts, buttocks, or genitalia to allow visual inspection of the body cavities.

Physical Body Cavity Search. A physical body cavity search shall be considered any search requiring any physical intrusion into a body cavity (private parts) by either the arrestee or another person.

Note: Arrestees in Department custody shall not be given a physical body cavity search, except pursuant to a valid search warrant.

Body Cavity. A body cavity is the stomach and rectal cavity of any male or female, or the vaginal cavity of a female. The mouth is not considered a body cavity for the purpose of these procedures.

The three types of searches defined above are restricted to only those arrestees for whom booking approval has been obtained. Neither arrestees nor any other detainees are to be subjected to a strip search, visual body cavity search, or physical body cavity search until after booking approval has been obtained and the appropriate search has been authorized by the watch commander.

Strip searches of arrestees booked into Department facilities shall be conducted as follows:

Strip Search or Visual Body Cavity Search. Adult and juvenile arrestees in custody for an infraction, misdemeanor or felony offense shall not be given a strip or visual body cavity search unless:

  • The offense involved a controlled substance; or,

  • There is an articulable and reasonable suspicion that the arrestee is concealing contraband or a weapon regardless of the offense.

The type and classification of the offense alone does not automatically provide reasonable suspicion.  The totality of the circumstances in each situation should be considered in determining whether to conduct a strip search or visual body cavity search (e.g., the nature of the offense, the arrestee displaying behavior which would lead officers to believe he/she is concealing contraband or weapons, the arrestee's criminal record, etc.).

Note:  Prior arrests involving weapons, controlled substances, violence, or the appearance and conduct of an arrestee may be considered as a factor in determining whether to conduct a strip search or visual body cavity search.

The term "contraband" as it applies to a strip search or visual body cavity search is restricted to controlled substances or other items that may pose a threat to the security of the jail facility.  Strip searches and visual body cavity searches shall not be conducted to recover evidence, in the absence of a search warrant.

The In-Custody Authorization for Strip Search, Visual Body Cavity Search, Physical Body Cavity Search, Form 05.30.00, shall be used only by jail personnel to request a search of an arrestee when the necessity to search arises after the arrestee has been booked and the related reports completed.

Officer’s Responsibility. When an officer has a reasonable suspicion that an arrestee in custody for an infraction, misdemeanor or felony offense is concealing a weapon or contraband, the officer shall:

  • Complete a Booking Approval, Form 12.31.00;

  • Submit the Form 12.31.00 to the Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division; and,

  • Upon supervisory approval, conduct the strip search or visual body cavity search.

Note: The search shall be conducted in an area of privacy so that persons not of the same sex as the arrestee or not required for the search are excluded from the immediate area and are unable to observe the arrestee.

  • Upon completion of the search, complete the "Results of Search" portion of the Form 12.31.00 and include the information in the arrest report narrative.

Removing Objects from an Arrestee’s Body. When an officer conducting a strip search or a visual body cavity search of an arrestee becomes aware that the arrestee has placed any object in the rectal area, the vaginal area, or under the breast or scrotum, the officer shall request the City Jail Dispensary medical personnel to remove the externally located object, even if the object can be recovered without touching the arrestee.  If the Jail Dispensary medical personnel are not available, officers shall transport the arrestee to a contract hospital for removal of the object by either a physician, registered or licensed vocational nurse, or an Emergency Medical Technician Level II, licensed to practice in California.  

Note:  This does not alter the requirement that a search warrant be obtained when the removal of an object inside a body cavity (i.e., vagina, or anus) is necessary.

 

Note: Employees conducting a strip search or visual body cavity search shall not touch the breasts, buttocks, or genitalia of the arrestee.

Exception: In any case where the object observed is a weapon and there is an immediate present danger of it being used against the officer, the officer may immediately recover the object.

Jail Personnel Responsibility. When it becomes necessary to search an arrestee by means of a strip search, a visual body cavity search, or a physical body cavity search after the arrestee has been booked into the Department jail system and the related arrest reports have been completed, jail personnel shall use the Form 5.30 to request authorization to conduct the necessary search. Custodial searches shall be conducted in the same manner as described for booking searches of misdemeanor or felony arrestees as described herein.

Watch Commander's Responsibility. Upon receipt of a Booking Approval, Form 12.31.00, or an In‑Custody Authorization for Strip Search, Visual Body Cavity Search, Physical Body Cavity Search, Form 05.30.00, the watch commander shall:

  • Confirm the validity of the booking charge;

  • Review the form for completeness and accuracy;

  • Determine if the specific facts and circumstances justify the type of search requested;

  • Approve or disapprove the strip search, visual body cavity search, or physical body cavity search; and,

  • If approved, ensure that one of the check boxes under the "REASON FOR THE SEARCH" section of the Booking Approval, Form 12.31.00, has been completed by the arresting officer;

  • When an In-Custody Authorization for a Strip Search, Visual Body Cavity Search, Physical Body Cavity Search, Form 05.30.00, is used, the reason for the search shall be articulated in that form;

  • Sign and place his or her serial number in the "WATCH COMMANDER APPROVING SEARCH" box; and,

  • Ensure any search approved is conducted as set forth in Department Manual Section 4/620.22.

JAIL DIVISION, WATCH COMMANDER’S RESPONSIBILITY.  When the Jail Division watch commander does not agree with the approval or disapproval of a strip search or visual body cavity search of an arrestee to be housed at his/her facility, he/she shall contact the watch commander who approved/disapproved the search for clarification.  When a difference of opinion still remains, the Jail Division watch commander shall make the final decision in approving or disapproving a search.

Arrestee Refusal. If an arrestee refuses to submit to a strip search or visual body cavity search the officer conducting the search shall:

  • Advise the arrestee that he or she will be searched.

  • Notify a supervisor of the arrestee's refusal to be searched.

  • Place the arrestee in an isolation cell under observation until sufficient officers of the same sex as the arrestee are available to conduct the search.

  • Search the arrestee.

A supervisor of the same sex as the arrestee shall be present during the search of combative and uncooperative arrestees.

620.25 PHYSICAL BODY CAVITY SEARCHES. Arrestees in custody shall not be given a physical body cavity search except under the authority of a search warrant and under the following conditions:

  • A physical body cavity search shall be conducted under sanitary conditions by either a physician, registered or licensed vocational nurse, or Emergency Medical Technician Level II licensed to practice in California.

  • The search shall be conducted in an area of privacy so that persons not of the same sex as the arrestee or not required for the search are excluded from the immediate area and are unable to observe the arrestee.

Exception: Licensed medical personnel are not required to be of the same sex as the arrestee.

When a physical body cavity search of any arrestee is conducted, the concerned employee shall complete the required portion of the Form 12.31.00 or Form 05.30.00. A copy of the search warrant shall be distributed with the Arrest Report, Form 05.01.02.

In the event a physical body cavity search of an arrestee is conducted after the arrestee has been booked and the related reports have been completed, jail personnel shall use the Form 05.30.00. A copy of the search warrant shall be distributed with the Form 05.30.00.

620.30 CONFINEMENT OF MISDEMEANOR/INFRACTION ARRESTEES. The concerned custodial detention officer shall ensure that arrestees in custody for a misdemeanor offense involving a weapon, controlled substances, or violence, or arrestees subject to a strip search, visual body cavity search, or physical body cavity search, upon booking, are confined in a separate holding area from other misdemeanor and infraction arrestees.

Exceptions:

  • Three hours after the time of arrest, misdemeanor and infraction arrestees in custody for an offense not involving a weapon, controlled substance, or violence, or not otherwise subject to a strip search or visual body cavity search or physical body cavity search, may be confined with those misdemeanor and infraction arrestees that are in custody for a charge involving a weapon, controlled substance, or violence, or who have otherwise been subjected to a strip search or visual body cavity search or physical body cavity search, in accordance with Title 15 of the California Administrative Code.

  • Misdemeanor and infraction arrestees in custody for other than an offense involving a weapon, controlled substance, or violence, or who have not been the subject of a visual body cavity search or physical body cavity search, may be confined with those misdemeanor and infraction arrestees that are in custody for a charge involving a weapon, controlled substance, or violence, or who have otherwise been subjected to a strip search or a visual body cavity search or physical body cavity search, prior to three hours from the time of arrest when an emergency exists and written supervisory approval is documented in the Watch Commander's Daily Report, Form 15.80.00, or the Daily Deployment Sheet, Temporary Form 108.

Note: An "emergency" is defined as any condition which poses a risk to the safety and welfare of the prisoners or Department personnel. Overcrowding is not an emergency, except in a mass arrest situation.

625. IDENTIFICATION OF ARRESTEES.

625.10 BOOKING AND IDENTIFICATION RECORD. Rolled right thumbprints shall be placed on the Booking and Identification Record, Bureau of Identification Arrest Notification, and Jail Custody Record pages of the Los Angeles Consolidated Booking Form, Form 05.01.00 and Form 05.01.01, for;

  • All booked adults.

  • Juveniles age twelve or older booked for any offense under Section 602 WIC.

Note: Situations may arise when a juvenile, regardless of age, is arrested for a 601 WIC (gang member) violation or a juvenile under 12 years of age is arrested for a 602 WIC (serious crime, multiple offender) violation and should be fingerprinted and/or palm-printed. Such additional fingerprinting shall be at the discretion of the Area juvenile coordinator after appropriate review. During off‑hours, the watch commander shall make this determination.

Additionally, the flat fingerprints of the four fingers of the right hand shall be placed in the space provided on the reverse side of the Jail Custody Record, Page 5.

When the arrestee is released, the process shall be repeated and the two sets of prints compared for the purpose of identification.

Note: When the right thumb or fingers cannot be printed, the left thumb and fingers shall be used and a notation to that effect shall be indicated next to the prints.

Juveniles taken into custody for a 300 WIC violation shall be issued a booking number regardless of age; however, the juvenile shall not be fingerprinted as part of the booking process. Manually inked fingerprints for investigative purposes only are permissible. All Los Angeles Consolidated Booking Form, Form 05.01.00, including those for 300 WIC violations shall be forwarded to Records and Identification Division.

625.20 FINGERPRINTING ARRESTEES. When an arrestee is booked at a Department facility, the booking employee shall photograph and electronically fingerprint the arrestee using the Live Scan System. When an arrestee is booked at a nonDepartment facility, other than Los Angeles County Jail, and personnel of that facility are not available to fingerprint an arrestee, the arresting officer shall ensure the arrestee is fingerprinted.

Booking Areas/divisions with Live Scan System Network capabilities shall send the fingerprints of adult and juvenile arrestees to R&I Division via the Live Scan within a maximum of sixty minutes after the arrestee is booked. The completed Fingerprint Cards shall be attached to the Booking and Identification Record portion of the Los Angeles Consolidated Booking Form, Form 05.01.00, and forwarded to Records and Identification Division.

Under most circumstances, releases from custody shall not occur until the positive identification confirming has been received providing both a MAIN and State Identifications Number (SID number, also referred to as CII) number, subject to the following guidelines related to bail, bond and OR releases:

  • If a positive identification confirmation has not been received within two (2) hours of the Live Scan fingerprints having been transmitted, Criminal Identification Section, R&I shall be contacted to determine the status of the return message.  The arrestee should generally not be released at this time.

  • Following the electronic receipt of Live Scan fingerprint transmissions to LAFIS, Criminal Identification Section, R&I shall research positive identification confirmation delays over two (2) hours of the original transmission via LAFIS system and contact CAL-DOJ to request an immediate processing of a specific booking transmission, in the event a SID number return is delayed.

Note: Accommodating a request to expedite a transmission is solely at the discretion of CAL-DOJ and not within the control of Criminal Identification Section.

  • If the positive identification confirmation has still not been received after four (4) hours of the Livescan fingerprints having been transmitted, Criminal Identification Section shall again be contacted to determine the status of the message.  The Jail Division watch supervisor shall also advise the Jail Division watch commander of the situation and shall assess the probability of the positive identification confirmation being received in the immediate future.

Note:  Based on information provided by R&I, the seriousness of the crime, the quality of the arrestee’s identification papers, whether or not the arrestee lives locally and/or is known to the Area personnel, etc., the Jail Division watch supervisor, with concurrence of the Jail Division Watch Commander, shall determine whether or not the arrestee shall be released immediately, or held pending receipt of a positive identification confirmation.  In either case, the Jail Division watch supervisor’s decision shall be detailed in the Jail Division watch commander’s daily log.

  •  If the Live Scan System or R&I returns an "error" message indicating that the fingerprints are unreadable, etc., new fingerprints shall be taken and transmitted rather than re‑transmitting the existing fingerprints already in the Live Scan System’s memory.

  • In  those cases where a positive identification confirmation has not been received from R&I and a bail agent is at the division presenting a bond or bail, the bond or bail should be received and held by the detention officer pending the identification confirmation.  It is not necessary for the bail agent to remain at the division to await arrival of the message.  If a positive identification confirmation is later received that identifies the arrestee as someone other than originally believed, the bail agent shall be called to retrieve the bond or bail, which will then be null and void.

Note: When a bail or bond has been posted, the positive identification confirmation has not been received and it has been four (4) hours since the fingerprints were transmitted to R&I, Jail Division watch supervisors, with concurrence of the Jail Division Watch Commander, must use their best judgment as to whether the arrestee should be released or held, based on all known facts.  The watch supervisor, prior to release, shall ensure that the R&I watch commander was notified and investigated the absence of a response.  The Jail Division watch supervisor’s determination shall be judged on the reasonableness of the decision given the information known at that time.

Detention officers unable to FIN an arrestee within a maximum of sixty minutes shall notify the Criminal Identification Section, Records and Identification Division.

 

REQUESTING FINGERPRINTS FOR ARRESTEES ADMITTED TO THE LOS ANGELES COUNTY-UNIVERSITY OF SOUTHERN CALIFORNIA MEDICAL CENTER (LAC-USCMC), LOS ANGELES COUNTY SHERIFF’S DEPARTMENT (LASD) JAIL WARD (13th FLOOR). In the instance where an arrestee is admitted for medical treatment, LASD is responsible for electronically fingerprinting the arrestee prior to transfer or release. However, Los Angeles Police Department (LAPD) transporting personnel shall ensure provisions are made to electronically fingerprint the arrestee via Livescan by advising on-site LASD personnel to do so. Therefore, incidents requiring LAPD arresting officer(s) to make an investigative request for ink-rolled fingerprints should be minimized.

Note:
In an instance where the arrestee is treated and released from LAC-USCMC medical care, LAPD transporting personnel shall ensure that the arrestee has been electronically fingerprinted at a Department detention facility.

 

REQUESTING FINGERPRINTS FOR ARRESTEES AT OTHER HOSPITALS. If an immediate fingerprint-based identification is required for an arrestee at any other hospital facility, the arresting officer shall notify the, Criminal Identification Section (CIS), R&I Division, which shall be responsible for facilitating ink-rolled fingerprint capture. The acquisition of ink-rolled fingerprints does NOT replace the requirement that the transporting officer ensures the arrestee is electronically fingerprinted prior to transfer or release.

Note: Records and Identification Division shall provide updated processing requirements to all concerned jail facilities on a periodic basis.

Supplemental Charge Fingerprinting Procedure. Employees completing a Supplemental Charge Record, Form 05.08.00, shall print flat impressions of both thumbs on pages 1 and 2 of the Supplemental Charge Record.

If a thumb is missing, "missing thumb" shall be entered in the appropriate space. If both thumbs are missing, one additional Fingerprint Card, Form FD 249, shall be completed and attached to the Records and Identification Division copies (pages 1 and 2) of the Supplemental Charge Record.

Supplemental Felony Charge. When a felony charge is added against an arrestee who has already been booked, the arrestee shall be Livescanned selecting the “Criminal Print Only” capture choice.  Print three cards and forward with the supplemental booking form to Records and Identification Division.

Note: If the arrestee is not fingerprinted via a Live Scan System, complete three (3) fingerprint cards using black fingerprint ink.

625.25 PALMPRINTING OF ARRESTEES. Palm prints shall be taken electronically via the Live Scan System when the suspect is booked. The Palm Print, Form 05.06.01, may be used in the event of an absentee booking or if requested by the investigating officer.

Note: Situations may arise when a juvenile, regardless of age, is arrested for a 601 WIC (gang member) violation or a juvenile under 12 years of age is arrested for a 602 WIC (serious crime, multiple offender) violation and should be palmprinted. Such additional palmprinting shall be at the discretion of the Area juvenile coordinator after appropriate review. During off‑hours, the watch commander shall make this determination.

Juveniles taken into custody for a 300 WIC violation shall not be fingerprinted as part of the booking process. Separate prints for investigative purposes only are permissible.

Note: This form shall be used for any other offense when specifically requested by the concerned investigating officer.

Records and Identification Division. Records and Identification Division shall write all identifying numbers (Booking #, SID #, Main #, LA#) on the Palm Print Card and forward the Palm Print Card to the Latent Print Section, Scientific Investigation Division.

625.26 FORGERY ARRESTEES - SPECIAL FINGERPRINTING. During the booking process, fingertip and side palm prints shall be obtained from all forgery arrestees, using the Live Scan System or a Palm Print, Form 05.06.01, in addition to all other fingerprint requirements.

Note: Officers booking a female forgery arrestee at Los Angeles County Jail shall obtain the arrestee's fingertip and side palm prints, at Records and Identification Division, prior to booking the arrestee. The completed Form 05.06.01 shall be given to the booking employee at Los Angeles County Jail during the booking process to be included with the regular fingerprint cards.

625.30 HANDWRITING EXEMPLARS OF PRISONERS. The completion of all handwriting cards by prisoners shall be witnessed by a detention officer. A Handwriting Exemplar, Form 05.07.00, shall be completed by each person booked as an adult for:

  • 470, 470a, 470b P.C. (Forgery);

  • 475, 475a P.C. (Possession of Fraudulent Checks);

  • 476a(a), 476a(b) P.C. (Insufficient Funds – Checks);

  • 484e, 484f(1), 484f(2), 484g, 484i P.C. (Forgeries and other misuses involving credit cards);

  • 532, 532a P.C. (Procuring False Credit Report or Financial Statement);

  • 211 P.C. (Robberies where ransom notes are involved); and,

  • Other crimes where handwritten notes are used in the elements of a crime.

Note: When a Supplemental Charge Record, Form 05.08.00, involves a charge not listed above, a Handwriting Exemplar, Form 05.07.00, shall be completed if one has not already been made.

Handwriting Exemplars-Juveniles. A Handwriting Exemplar, Form 05.07.00, shall be completed by each juvenile arrested for:

  • Penal Code Section 470 (Forgery-General).

  • Penal Code Section 476 (Forgery-Checks, etc.).

  • Penal Code Section 476(a) (Checks-Not Sufficient Funds).

Note: A Handwriting Exemplar, Form 05.07.00, may be taken, on the advice of the Watch Commander, Juvenile Division, of juveniles arrested for other offenses.

625.35 MISDEMEANOR WARRANT ARRESTS - HANDWRITING EXEMPLARS REQUIRED. Officers who take an arrestee into custody on a misdemeanor warrant for a violation of:

  • 470, 470a, 470b P.C. (Forgery).

  • 475, 475a P.C. (Possession of Fraudulent Checks).

  • 476a(a), 476a(b) P.C. (Insufficient Funds-Checks).

  • 484e, 484f(1), 484f(2), 484g, 484i P.C. (Forgeries and other misuses involving credit cards).

  • 532, 532a P.C. (Procuring False Credit Report or Financial Statement).

shall:

  • Complete an Arrest Report, Form 05.02.00.

  • Obtain a handwriting exemplar from the arrestee prior to booking. The exemplar shall consist of a minimum of thirty handwritten signatures in black, ball‑point pen.

  • Witness the handwriting exemplar.

Make the following notations on the reverse side of the exemplar:

  • Name of arrestee.

  • DR number, located on the warrant information sheet. If the DR number is unavailable, then list the warrant number.

  • Date, time, and location the exemplar was made.

  • Witnessing officer's name, serial number, and location of assignment.

  • Book the exemplar as evidence in a manila envelope. Include on the envelope the notations listed above.

Note: When the arrest occurs in a metropolitan Area, the exemplar shall be booked at Property Division. When the arrest occurs in Pacific or West Los Angeles Areas, the exemplar shall be booked at West Los Angeles Property Section. When the arrest occurs in Harbor Area, the exemplar shall be booked at Harbor Property Section. When the arrest occurs in a Valley Area, the arrestee shall be booked at Valley Jail Section and the exemplar shall be booked at Valley Property Section.

  • Include a statement in the arrest report indicating that the exemplar has been obtained and the location where it was booked as evidence.

Note: Exemplars obtained by the arresting officer shall be in addition to the handwriting exemplars obtained by the detention officer during the booking process.

625.40 ARRESTEE IDENTIFICATION BAND. An arrestee identification band shall be completed and attached to the adult arrestee's left wrist as soon as practicable after obtaining a booking number. The identification band shall include only the arrestee's name and booking number.

The band shall be completed and attached to all outside agency arrestees received for temporary detention. The band shall contain the name and booking number of the arrestee.

630. DNA SAMPLES COLLECTION PROTOCOL AT LAPD JAILS.

630.10  The DNA sample and handprint impressions (i.e., palm impressions of each hand and right thumbprint) shall be collected from the following individuals, pursuant to Penal Code Section 296:

  • Adults arrested on or after November 3, 2004, for violations of Penal Code Sections 187 and 192(a), felony sex offenses requiring registration pursuant to penal Code Section 290 and attempts to commit these crimes;

  • Adults convicted of any felony offense;

Note:  Samples are required even if the defendant receives a referral to Drug Court, a deferred entry of judgment, or Proposition 36 probation.

  • Adults convicted of any misdemeanor offense and have a prior felony conviction;

  • Adults who enter a misdemeanor plea conditioned upon the taking of DNA sample and handprint impressions;

  • Adults currently required to register for felony or misdemeanor offenses pursuant to Penal Code Sections 290 and 457.1;

  • Adults currently on probation (felony or misdemeanor) or parole and have a prior felony conviction or a prior sustained petition for a felony;

  • Any person from out of state who is accepted into California for custody, probation or parole pursuant to interstate compact with a qualifying offense or prior felony record;

  • Federal prison inmates with a California or out of state qualifying offense who have a nexus to California (release in California) and the FBI Director approves;

  • Any person housed in a mental health facility or sex offender treatment program who has been charged with a felony offense; and,

Note:  This includes individuals who are:

  • Found incompetent (to stand trial);

  • Found not guilty by reason of insanity;

  • Found to be a mentally disordered sex offender; or,

  • Found to be a sexually violent predator.

Effective January 1, 2009, all felony arrestees will be required to provide a DNA sample and handprint impressions.

JAIL DETENTION OFFICER'S RESPONSIBILITIES

With the exception of juveniles and court bookings, the assigned detention officer shall evaluate all arrestees booked into a Department jail facility to determine if a DNA sample and handprint impressions are required pertaining to Penal Code Section 296.

After an arrestee has been processed and identified via the Livescan Tenprinter, the Consolidated Criminal History Reporting System (CCHRS) will be queried and reviewed.  If a "flag" appears on the report requiring a DNA sample or if one of the aforementioned criteria exists, the arrestee will be required to provide DNA sample and handprint impressions.  The arrestee will be informed of the requirement to provide a DNA sample, handprint impressions and the process of obtaining them.

A.  Arrestee(s) Complaint in Providing DNA Sample and Handprint Impressions.  If an arrestee is compliant, the detention officer shall obtain the DNA sample and handprint impressions and submit them to the Department of Justice (DOJ).

B.  Arrestee(s) Non-compliant in Providing DNA Sample and Handprint Impressions.  If the arrestee refuses to comply to provide a DNA sample and handprint impressions, the detention officer shall immediately notify a detention officer supervisor or a sworn supervisor.  The supervisor shall read to the non-compliant arrestee, the admonishment from the Penal Code Section 298.1 Admonishment Form.

If the arrestee continues to be non-compliant, the supervisor shall attempt to obtain the arrestee’s signature for refusal to ensure the form is completed.  The non-compliant arrestee shall be transported to the Los Angeles  County Sheriff Department’s Inmate Reception Center and may be forced to provide the DNA sample and handprint impressions by Sheriff personnel.

Note: The Area responsible for the booking of the non-compliant arrestee shall be responsible to transport the arrestee to the Los Angeles County Sheriff Department’s Inmate Reception Center to obtain the DNA sample and handprint impressions.

C.  Request for Filing Charges of Refusals to Provide DNA Sample and Handprint Impressions.  In order to seek an additional filing charge for the refusal to provide a DNA sample and handprint impressions, the detention officer shall either complete a Follow-up Investigation Report, Form 03.14.00, or an arrest report to document the refusal.

A Follow-up Investigation Report 3.14, shall be completed and approved by a detention officer supervisor or a sworn supervisor for:

  • All open charge misdemeanor arrests requiring no follow-up investigations; and,

  • All open charge felony arrests and open charge misdemeanor arrests requiring follow-up investigations.

An arrest report shall be completed by the detention officer and approved by a sworn supervisor on all warrant arrests.  The detention officer shall forward the originals and copies of the approved reports to the appropriate entities.

Supervisor's Responsibilities.  Upon notification by a detention officer of an arrestee's refusal to provide a DNA sample and handprint impressions, a detention officer supervisor or a sworn supervisor shall:

  • Read the admonishment from the Penal Code Section 298.1 Admonishment Form to the non-compliant arrestee and ensure the form is properly completed; and,

  • Review and approve any Follow-up Investigation  Reports or arrest reports completed by detention officers pertaining to the arrestees' refusals.

Note:  Arrest reports shall only be approved by a sworn supervisor.

635. PHOTOGRAPHING ARRESTEES AND SUSPECTS.

635.05 LIVESCAN DIGITAL CAMERA USE. The digital camera used in conjunction with the Livescan Tenprinter shall be used only for photographing persons:

  • Who are booked on formal charges; OR,

  • For whom an elimination is being conducted to positively identify a person by prints who is not being booked at the time, but who may be booked after a positive identification is made. 

Note: Instructions for the operation of the digital camera shall be established and published by Records and Identification Division.

635.10 PHOTOGRAPHING PRISONERS. The following persons who are booked shall be photographed using the digital camera used in conjunction with the Livescan Tenprinter:

  • All adults; and,

  • All juveniles, 12 years of age or older, taken into custody pursuant to Section 602 WIC.

All arrestees fingerprinted on the Livescan Tenprinter shall be photographed following the procedure established by Records and Identification Division.

  • Room light shall be turned off, camera lights shall be turned on. All three camera lights shall be lit during the photography session. Jail Division personnel shall not adjust or change camera light bulbs or adjust camera lights.

  • Arrestee should be positioned standing on footprints on floor, with head straight, eyes open, but not exaggerated, and without shadows appearing in the background. 

  • A minimum of one frontal and one oblique digital mugshot image shall be captured.

  • If an arrestee is wearing glasses, a minimum of one frontal, with and without glasses, plus one oblique, with and without glasses, digital mugshot images shall be captured.

  • If an arrestee has scars, marks or tattoos in the publicly visible areas of the body, a maximum of three digital mugshot images shall be captured.

Note: No photographs shall be taken showing the private parts of any prisoner for the sole purpose of proving the sex of the individual.

  • “P” photographs can not be taken with the Livescan digital mug shot camera. Check with Photography Section, Scientific Investigation Division, for procedure and camera to be used for taking “P” photographs.

Note: Situations may arise when a juvenile, regardless of age, is arrested for a 601 WIC (gang member) violation or a juvenile under 12 years of age is arrested for a 602 WIC (serious crime, multiple offender) violation and should be photographed. Such additional photographing shall be at the discretion of the Area juvenile coordinator after appropriate review. During off‑hours, the watch commander shall make this determination.

Juveniles taken into custody for a 300 WIC violation shall be issued a booking number regardless of age; however, the juvenile shall not be photographed as part of the booking process. Separate photographs for investigative purposes only are permissible.

Exceptions: Persons booked for 647(f) PC (Drunk), 23152 VC (DUI), misdemeanor traffic warrants, or non‑criminal detention need not be photographed unless there exists an independent necessity for photographs (e.g., indications of possible involvement in other criminal activities).

Females who are to be booked at the Los Angeles County Jail shall be photographed at the closest LAPD jail facility prior to transporting to the Los Angeles County Jail. Officers shall obtain a booking number prior to taking photographs.

When the digital mug shot camera used in conjunction with the Livescan Tenprinter is inoperative, arrestees shall be transported to the nearest Department booking facility with an operational Livescan Tenprinter/digital mug shot camera for fingerprinting and photographing.

Note: The Los Angeles County Booking and Property Record is generated at time of booking on Livescan Tenprinter.

635.15 PHOTOGRAPHING PRISONERS IN A COUNTY FACILITY. Upon notification from Detective Support and Vice Division, the Photographic Section Scientific Investigation Division shall photograph any LAPD arrestee confined in a Los Angeles County facility.

635.20 VERIFICATION OF PHOTOGRAPHS PRIOR TO RELEASE.

Releasing Employee’s Responsibility. Prior to releasing a prisoner, the releasing employee shall:

  • Ensure a positive identification confirmation of the prisoner has been received via the Livescan.  Refer to section 4/625.20 of the Department manual;

  • Ensure that the necessary photographs of the prisoner have been taken (This information is contained in the Custody Record page of the Los Angeles Consolidated Booking Form, Form 05.01.00); and,

  • When it is necessary to transport a prisoner to have photographs taken, notify the watch commander of the jail facility having custody of the prisoner.

Supervisor/Watch Commander’s Responsibility. When notified that it is necessary to transport a prisoner for photographing, the supervisor/watch commander shall arrange transportation to the nearest Department facility having an Identification Camera.

Transporting Officer’s Responsibility. Officers transporting a prisoner for the purpose of photographing prior to release shall:

  • Ensure that the release forms have been completed; and,

  • Release the prisoner immediately after photographing.

635.25 PHOTOGRAPHING PROCEDURE.

Prisoners. The employee photographing a prisoner shall follow the procedure as outlined in Manual Section 4/635.10.

Photographing Procedure-Identification Purposes.  When a person other than a prisoner is to be photographed for immediate identification purposes, the employee taking the photographs shall:

  • Use a self‑developing camera and black and white film;

Exception: The Identification Camera shall be used when a photographic negative is necessary or a self‑developing camera is not available.

  • Use a Photo ("P") number instead of a booking number;

Note: Obtain the "P" number from Photographic Section, Scientific Investigation Division. If SID is closed, obtain the "P" number from Detective Support and Vice Division.

  • Place a "P" cover on the mug board covering the letters "BK" and the first two adjacent booking numerals, set number tabs to show the five digits of the "P" number;

  • Take one front view photograph;

  • Enter the name oographed and the "P" number on the Record of Prisoner Photographs, Form 12.06.00;

  • Complete one copy of the Photographic Services Request, Form 15.44, in its entirety, including the requesting officer's Area and watch, and forward it to the Photographic Section, Scientific Investigation Division.

645. CUSTODY AND RELEASE OF ARRESTEE'S PERSONAL PROPERTY.

645.05 LOCATION OF ARRESTEES' VEHICLES. When an arrestee's vehicle is not impounded or otherwise disposed of, officers shall indicate on the Booking and Identification Record and on the appropriate arrest report the exact location where the vehicle was parked.

645.10 RESPONSIBILITY FOR CUSTODY OF ARRESTEE'S PROPERTY. The searching officer (arresting officer, transporting officer, or division searching officer) shall be responsible for the care and custody of an arrestee's personal property until the searching officer's name is entered on the Booking and Identification Record. After the searching officer's name has been entered on the Booking and Identification Record, the booking employee shall be responsible for the care and custody of the property until it is transferred or released.

Note: At the time of booking, the completed Page 3 of the Booking and Identification Record shall be placed in a new polyethylene prisoner property bag, with the prisoner's personal property, in such a manner that the identification information is visible.

645.11 RESPONSIBILITY FOR CUSTODY OF ARRESTEE'S PROPERTY RECEIVED FROM OUTSIDE AGENCIES. Prior to accepting custody of an arrestee from an outside agency, officers shall ensure that the arrestee's property is properly inventoried. Officers accepting custody of an arrestee with personal property from an outside agency shall:

  • Ensure that the arrestee inventories all personal property and notifies the outside agency detention officer of any discrepancy prior to the arrestee signing for the property;

  • Request that the arrestee's property be placed in a sealed bag or container; and,

  • Whenever practicable, ensure that the arrestee and the property are not separated prior to booking into Department facilities.

When a discrepancy is disclosed as a result of the arrestee's inventory of the personal property, the transporting officers shall:

  • Ensure that a supervisor of the agency having custody of the arrestee has been notified of the discrepancy; and,

  • Telephonically notify their Area watch commander of any discrepancy not resolved by the outside agency supervisor and the arrestee.

645.12 DISPOSITION OF MISDEMEANOR ARRESTEE'S PERSONAL PROPERTY AT ARRAIGNMENT. The concerned officer having custody of a misdemeanor arrestee at time of arraignment shall maintain custody of the arrestee's personal property until after the arraignment. The property shall be released to the arrestee when he is released from custody, or to the Sheriff's Court Detail when transferred to the custody of the Sheriff.

645.16 ARRESTS OF POLICE RESERVE CORPS MEMBERS. When a police reserve officer is arrested, the watch commander from the area of arrest shall:

  • Immediately notify the police reserve officer's commanding officer of the arrest.

Note: When the concerned police reserve officer's commanding officer is not available, the watch commander in the police reserve officer's Area of assignment shall be notified.

  • Notify the police reserve officer's bureau commanding officer and request booking advice.

Note: When the concerned bureau commanding officer is unavailable, the notification and request for booking advice shall be made to a commander in that bureau. These notifications may be made through the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), when the concerned bureau office is closed.

  • Immediately notify the Department Police Reserve Corps Coordinator.

  • Immediately forward any Department-issued equipment in the officer's possession along with one copy of the related arrest report, to the Officer in Charge, Reserve Coordination Division, Personnel Group.

645.18 SPECIAL OFFICER IDENTIFICATION. When an arrestee has  in his/her possession Special Officer Identification issued by the Board of Police Commissioners, such identification shall be taken from the arrestee and forwarded immediately, with one copy of the arrest report, to the Commanding Officer, Commission Investigation Division.

645.20 PROPERTY TAKEN FROM AN ARRESTEE.  Property which has been taken from the possession of an arrestee must be accounted for as follows:

Evidence. Property taken from an arrestee which has, or may have, evidential value must be booked as evidence.  A Receipt for Property Taken into Custody, Form 10.10.00, must be issued to the arrestee at the time that the property is removed from his/her person or control. When circumstances make the immediate completion of the Form 10.10.00 impractical, it must be issued as soon as possible after the property is taken into Department custody.

 

The original of the Form 10.10.00 must be included as a page of the original Property Report, Form 10.01.00; Release from Custody (RFC) Report Continuation, Form 05.02.08; or Arrest Report, Form 05.02.00, when evidence to be booked is listed.

 

It is not necessary to issue Form 10.10.00 for blood and urine samples and biological smear specimens taken from an arrestee or the victim of a crime, nor is it necessary to include these items on a Form 10.10.00 used to list other property taken from an arrestee or victim.

Personal Property.  An arrestee's personal property which can be contained in a property package must be delivered to the custodial detention officer at the time of booking (4/620.10).  When booking an arrestee into the City jail system, items which can be contained in a property package must be listed on the Booking and Identification Record.  If there is insufficient space, a Continuation Sheet, Form 15.09.00, must be used. One copy of the Continuation Sheet must be attached to each copy of the Booking and Identification Record.  When an arrestee is transferred to the Los Angeles Sheriff's Department, the custodial detention officer must ensure the arrestee's personal property transferred intact to the transporting deputy.

Money.  The arrestee's money must be placed in the Cash Money Booking Envelope.  The arresting officer must be responsible for counting the arrestee's money, having the arrestee sign for the amount being deposited, and sealing the money envelope.  The outside of the Cash Money Booking Envelope must clearly document the amount being deposited and both the arresting officer's and the arrestee's signatures must be on the envelope.  When booking money in the amount of $500.00 or more, or in the event that the arrestee refuses to sign the envelope, the amount of money being booked must be verified by a Jail division supervisor or a sworn supervisor.  The supervisor verification of money must take place in the presence of both the arrestee and the arresting officer prior to the arresting officer booking the money into the City jail system.  The approving supervisor must indicate verification by placing his/her initials and serial number on the Cash Money Booking Envelope.

Note:  If the arrestee does not have any money to be deposited with their property, a No Money Slip must be filled out by the arresting or transporting officer.

Jewelry.  The arresting or transporting officer will have the arrestee remove all jewelry items.  The officer will accurately describe each item on a 3" x 6" Jewelry Booking Envelope, and properly seal the Jewelry Booking Envelope with a Department Evidence Seal, Form 10.12.07.

Prescription Medication.  Prescription medications must not be booked as excess personal property at any Department facility.  The detention officer must take custody of prescription medication which was in the arrestee's possession and retain it in the arrestee's personal property.  Prescription medication must accompany an arrestee when the arrestee is transferred to another location of confinement.

Note:  The prescription medication in the arrestee's possession must be prescribed in the arrestee's name.  If the medication is without a prescription or is not prescribed to the arrestee, the medication must be booked as analyzed evidence.

Orthopedic or Prosthetic Devices.  Orthopedic or prosthetic devices must include, but are not limited to:

  • Canes;

  • Crutches;

  • Removable metal braces;

  • Plastic braces;

  • Neck braces;

  • Artificial limbs; or,

  • Personal mobility devices (e.g., motorized scooters, wheelchairs, walkers).

Department personnel and officers of outside agencies booking arrestees with an orthopedic or prosthetic device must transport the device to accompany the arrestee.  Officers must book such arrestees at either Metropolitan Detention Center (MDC) or 77th Regional Jail Section.

Note:  Valley Regional Jail Section can house all prosthetic devices with the exception of wheelchairs or motorized scooters. If an arrestee is in possession of a wheelchair or motorized scooter, they must be booked at MDC or 77th Regional Jail Section.

Arrestees with an orthopedic or prosthetic device must not be booked at any Area jail section.  All orthopedic or prosthetic devices, even if they are large or heavy devices such as motorized wheelchairs or scooters, must be transported with the arrestee.

Removing Orthopedic or Prosthetic Devices.  When Department personnel responsible for a Department jail facility have reasonable probable cause to believe that possession of an orthopedic or a prosthetic device by an arrestee poses an immediate risk of bodily harm to any person in the facility, or threatens the security of the facility, the device  may be removed from the arrestee with the approval of the jail facility watch commander.  If removal of the device becomes necessary, the arrestee must be examined by the on‑duty physician at the respective jail facility.

Note:  The arrestee will be deprived of the device only during the time that the conditions which necessitated its removal continue to exist.  If such conditions cease to exist, then the device must be returned to the arrestee.

Storage of Orthopedic and Prosthetic Devices.  Orthopedic and prosthetic devices must not be booked as excess property, and must be returned to the arrestee upon transfer to the Los Angeles Sheriff's Department or when conditions permit.

The arrestee's name and booking number must be affixed to the devices, and the devices are to be stored in a secure location within the jail.  Additionally, the booking employee must annotate the Jail Custody Record of the Los Angeles Consolidated Booking Form, Form 05.01.02, indicating the temporary removal and storage of the devices.

Note:  Under no circumstance will orthopedic and prosthetic devices removed from an arrestee be stored at a geographic Area excess property storage facility (e.g., Central Area Eastside Detail Property Warehouse) or any other facility besides the jail section where the arrestee is booked.

Watch Commander's/Watch Supervisor's Responsibilities.  Jail Division Watch Commander/Watch Supervisors must ensure that the provisions of Penal Code Section 2656 are adhered to relative to the medical examination of arrestees from whom orthopedic or prosthetic devices have been removed.  They must also ensure that the examining physician indicates, in writing, on the Medical Record for Persons in Custody, Form General PHSOHD 15, whether or not the continued deprivation of the device would be injurious to the health or safety of the arrestee.

CHP Arrestees.  Excess personal property belonging to an arrestee booked by a CHP officer on a charge within the responsibility of the CHP must be retained by the CHP officer.

Excess Personal Property.  When an arrestee's personal property cannot be contained in the arrestee's property bag, it must be packaged separately as excess personal property.  Additionally, the following clothing items must be classified and handled as excess personal property:

  • Hats and any other non-essential clothing items; and,

  • Jackets or T-shirts which, due to their construction or design, may be construed as a possible security threat (i.e., cords, strings, metal parts, gang logos, racially or ethnically offending material).

Note:  In such cases where basic clothing is to be removed, the arrestee must be issued Department supplied jail clothing, per Department Jail Operations Manual Section 2/213.03.

Department personnel booking an arrestee's excess personal property must:

  • Complete the Excess Personal Property Receipt, Form 10.08.00, itemizing the property;

  • Provide the advisement notated in bold to the arrestee;

  • Write his/her name and serial number in the "Advising Employee/Serial No." boxes;

  • Hand deliver the original copy of the Excess Personal Property Receipt, Form 10.08.00, to the arrestee;

Exception:  If the Excess Personal Property Receipt cannot be hand-delivered to the arrestee due to an extenuating circumstance (e.g., medical treatment, arrestee transferred to another City jail facility before completion of the form, mass arrests), the issuing officer must mail the original copy to the arrestee's residential address.

  • Complete the Personal Property Envelope, Form 10.13.01;

  • Gather all excess personal property into a single bundle and ensure it is securely fastened;

  • Attach the completed Excess Personal Property Receipt, Form 10.08.00, and the Personal Property Envelope, Form 10.13.01, to the outside portion of the bundle; and,

  • Deposit the excess personal property with the detention officer receiving the arrestee.

Exception:  Excess personal property of an arrestee booked directly into a County jail facility or Metropolitan Detention Center will remain at Metropolitan Detention CenterExcess personal property of an arrestee booked directly into Valley Regional Jail Section will remain at Valley Regional Jail Section.

The receiving Area jail must retain unclaimed excess personal property for a minimum of 24 hours after the arrestee has been released or transferred.  After the 24‑hour minimum, unclaimed excess personal property must be transferred to the Area property room from an Area jail.

Unless released to the arrestee or his/her agent within 30 days, the property must be transferred as indicated below:

  • All Metropolitan Area divisions and Harbor Area - to the central property room of Property Division; or,

  • All Valley Areas, Pacific Area, and West Los Angeles Area - to Valley Property Section, Property Division.

Unclaimed excess personal property must be held for 60 days from the date the Department took possession of the property before disposal. However, if the arrestee is to remain in custody, he/she may request, in writing, for the Department to hold the property for up to 10 months from the date the Department initially took possession of the property.

Excess personal property must not be forwarded with an arrestee to another place of confinement within the City jail system nor must it accompany an arrestee transferred into County custody.

Intra‑Department Transfer of Personal Property.  When a prisoner is transferred from one place of custody within the Department to another, all his/her property (with the exception of excess personal property) must be transferred with him/her, accompanied by the Jail Transfer Record, Form 06.11.00.  However, when a prisoner is taken temporarily from a place of confinement by officers of the Department and will be returned to the same place, his/her property need not be so transferred.

Inscribed or Numbered Property.  An arrestee's personal property which bears an inscription or number must be reported on the Booking and Identification Record.

Animal.  When an arrestee's animal has been placed in the care of an animal shelter, a notation indicating the type of animal and the address of the shelter must be made on the Booking and Identification Record.

Bicycles.  When bicycles are booked as excess personal property, the booking officer must query the frame number of the bicycle in the Automated Property System (APS).  The booking officer must also list the frame number, make, model and speed on the Prisoners Excess Form.  A copy of the APS printout must be attached to the form. If APS shows that the bicycle is stolen, the bicycle must be booked as evidence.

 

Property Contaminated with Biological Waste or infectious Material.  Excess personal property contaminated with biological matter and or infectious material must not be booked as excess personal property.  The property must be disposed of by the booking officers at the time of booking.  The booking officers must inform the arrestee that his/her items are being disposed of due to the hazardous/infectious nature of his/her excess property. These items will not be accepted into any property division facility.

 

Cremated Human Remains. Cremated human remains will not be accepted as excess personal property. These items must be released to next of kin or kept with the arrestee’s wallet, identification, money or prescription medication. The cremated human remains must follow the arrestee and be returned to him/her upon release.

 

645.22 RETURNING EXCESS PERSONAL PROPERTY TO ARRESTEE. When an arrestee is released from custody, the releasing detention officer shall:

  • If the excess personal property is being stored in the jail releasing the arrestee, cause the excess personal property to be released to the arrestee.

  • If the excess personal property is stored at a location other than the jail releasing the arrestee, direct the arrestee to appear at the location at which his/her excess personal property is being stored with the original copy of the excess personal property receipt to claim the property.

645.23 RECEIPT FOR PROPERTY RELEASED. When an arrestee's property is released, receipts shall be obtained as follows:

Jail Custody Record, Form 05.01.00. When a prisoner is released, the employee releasing the prisoner's personal property shall:

  • Establish positive identification and require the prisoner to sign the Jail Custody Record, Page 5 of the Booking and Identification Record, Form 05.01.00;

  • Staple the Property Record, Page 3 of the Form 05.01.00, to the Jail Custody Record, Page 5, and,

  • Allow the prisoner to retain the Prisoner's Receipt, Page 4 of the Form 05.01.00.

Excess Personal Property Receipt, Form 10.08.00. When excess personal property is released to an arrestee or the arrestee's agent, the employee releasing shall establish positive identification and require the receiving person to sign the copy (manila) of the Excess Personal Property Receipt in the space provided. Property shall be released to the arrestee's agent when the agent's name appears in the box titled "Name of Arrestee's Agent" and the arrestee has signed and dated the adjoining box titled "Authorization for Release" at the bottom of the arrestee's copy of the Excess Personal Property Receipt.

Release of an Arrestee's Animal. The arrestee's copy of the Animal Relinquishment and Impound Record will be authorization for release of the animal when presented to the concerned animal shelter.

Exception: Animals which are being held as evidence will not be released except upon telephonic authorization from the Police Department.

Property Release, Form 06.08.00. When all or part of an arrestee's property booked personal is released during his/her confinement, the arrestee, or other person receiving the property, shall be required to sign the Form 06.08.00 in the space provided. The prepunched number on the prisoner property bag shall be recorded on the Form 06.08.00. Property booked personal may be released to a person other than the arrestee provided the arrestee signs a Property Release, Form 06.08.00. The person receiving the property shall also be required to sign the Form 06.08.00.

A felony arrestee's personal property shall not be released without the approval of the concerned investigating officer.

Exception:  When Jail personnel are requested to release items of a felony narcotics arrestee's personal property, but the request has not been approved by the concerned investigating officer, Jail personnel shall:

  • Contact the arrestee and obtain his/her authorization to release the property;

  • Attempt to obtain telephonic approval for release or direction to retain the property from the assigned detective or his/her supervisor;

  • Contact a Jail supervisor for authorization to release personal property when the assigned detective or his/her supervisor cannot be contacted.

When it is determined that personal property should be retained for additional investigation, the detective or supervisor making the determination shall cause the property to be immediately removed from the arrestee's personal property and booked as evidence.

Note: Approval is not required when a misdemeanor or felony arrestee authorizes the release of money from his personal property.

645.25 PROPERTY DEPOSITED FOR A PRISONER. When a person wishes to deposit property for a prisoner:

  • The property shall be accepted only at the jail where the prisoner is confined. The acceptability of such property shall be determined by the watch commander.

  • Only money and physical aids, such as eyeglasses or crutches, shall be accepted.

  • A Form General 30 receipt shall be completed. The original copy shall be given to the depositor and the second copy retained in the book to be placed in division files.

  • The property shall be entered on the Custody Record page of the Booking and Identification Record, along with the last name and serial number of the person receiving it.

  • When the property is to be deposited in the prisoner property bag, a new bag shall be utilized. The prepunched number of the prisoner property bag shall be recorded on Page 3 (Property Record) of the Booking and Identification Record, followed by the last name and serial number of the officer adding the personal property.

645.30 DISPUTES OR DISCREPANCIES INVOLVING PERSONAL PROPERTY OF AN ARRESTEE. When there is a dispute or discrepancy concerning an arrestee's personal property, the watch commander shall be notified. If two prisoners booked in company of each other disagree as to which one owns any personal property found in the possession of one of them, the property shall be booked to the person in whose possession it was found.

646. SUPPLEMENTAL CHARGE - BOOKED PRISONER.

646.05 SUPPLEMENTAL CHARGE - DEFINED. A Supplemental Charge is a charge which is placed against a person who has previously been booked and is still in the custody of the Department.

646.10 RECORDING SUPPLEMENTAL CHARGES. Supplemental charges placed against a prisoner shall be recorded on the Supplemental Charge Record, Form 05.08.00, and shall be entered additionally on the Custody Record page of the Booking and Identification Record. A Disposition of Arrest and Court Action Report, Form 05.09.00, shall be completed when required (5/5.9).

Exception: When it is learned that a person under the age of eighteen years has been booked as an adult or that a person booked as a juvenile was eighteen years of age or over at the time of the commission of the crime, the concerned investigating officer shall follow the procedures provided by 4/705.62 or 4/705.63.

646.12 SUPPLEMENTAL CHARGE TELETYPES - WHEN REQUIRED. When a Supplemental Charge Record, Form 05.08.00, is completed, the detention officer completing the form shall cause a Supplemental Charge Teletype to be sent to Los Angeles County Jail when the arrestee is an adult female (4/165.04).

646.14 MISDEMEANOR FILING ON A FELONY ARRESTEE. Detention officers who are notified of a misdemeanor filing on a felony arrestee shall:

  • Complete a Supplemental Charge Record, Form 05.08.00 (5/5.8-12).

  • Notify the arrestee of any change in status, bail amount, and O.R. release eligibility.

  • When the arrestee is not released on bail or own recognizance, cause the arrestee to be arraigned at the next available court session.

646.15 SUPPLEMENTAL CHARGE AUTHORIZATION FOR PAROLE OR PROBATION VIOLATORS. When a parole or probation officer requests a supplemental charge be placed against a person believed to be in the custody of the Department, the officer shall be referred to any geographic Area watch commander or the watch commander of Jail Division.

Watch Commander's Duties. A watch commander, when requested by a parole or probation officer, shall determine if the parolee or probationer is in the custody of the Department. When the person is confined at another Department facility, the watch commander shall:

  • Place a telephonic "hold" on the person with the division of confinement.

  • Cause a Supplemental Charge Authorization Teletype (4/165.06) to be sent to the division of confinement.

When the person is no longer in the custody of the Department, the watch commander shall furnish the parole or probation officer with the following information, when available:

  • The reason for release.

  • The date, time, and court in which the person is to appear, when applicable.

The watch commander of a Department jail facility receiving a telephonic request for a parole or probation "hold" on a person confined at the facility shall verify that a Supplemental Charge Authorization Teletype has been received by the custodial detention officer within one (1) hour of the hold. If the teletype has not been received, the watch commander shall contact the person making the original notification and determine the status of the teletype or if the hold is to be canceled.

Note: The watch commander approving the booking for a parole or probation violation shall record the following information on the Booking Approval, Form 12.31.00:

  • The name and telephone number of the parole or probation agent approving the hold; and,

  • The time the telephonic hold was placed.

Upon receipt of the Supplemental Charge Authorization Teletype, the concerned watch commander of the jail facility shall:

  • Cause a Supplemental Charge Record, Form 05.08.00, to be completed for the parole or probation hold; and,

  • Ensure that an additional Disposition of Arrest and Court Action, Form 05.09.00, is completed and attached to the custody Record.

Note: The Form 05.09.00 shall follow the arrestee to court.

Transfer to Los Angeles County Sheriff's Department. When an arrestee who has a violation of probation or parole charge pending is transferred to the custody of the Sheriff's Department, a copy of the Supplemental Charge Authorization Teletype shall be given to the deputy accepting custody of the arrestee.

648. MEDICAL TREATMENT OF PRISONERS.

648.03 PRE ‑ BOOKING MEDICAL SCREENING OF ARRESTEES.

 

Arresting Officer's Responsibilities.  Arresting officers shall complete an Los Angeles County Unified Arrestee Medical Screening Form, Form SH-R-422, for each arrestee who is booked and detained in a Department jail facility or a County jail facility.

Note: Completion of the form is not necessary if an arrestee is released on his or her own recognizance, released on a Non - Traffic Notice to Appear, Form 05.02.02, or immediately posts cash bail.

When an arrestee receives medical treatment for any illness or injury prior to booking, officers shall complete a Los Angeles County Unified Arrestee Medical Screening Form, Form SH-R-422, at the time of the medical treatment and have any additional examination required by answers to questions on the form done at the time of the medical treatment. Additionally, officers shall complete an Inmate Classification Questionnaire and Record of Medical Screening, Form 05.36.00, to detail information related to the housing of arrestees and their medical needs.

Note:  The booking officer shall fill in the total time required for medical treatment (MT) on the Rapid Booking Slip.  MT does not include time at a contract hospital.

An officer booking a 647(f)PC arrestee, or any arrestee whose safety is at risk or who may be a threat to others because of their state of intoxication or substance impairment shall have the arrestee evaluated at a Department jail dispensary by medical staff and present the arrestee to Jail Division staff along with the Sobering Cell Inmate Welfare Form and the Inmate Classification Questionnaire and Record of Medical Screening as delineated by Department Manual Sections 4/654.

Detention Officer's Responsibility. Detention officers shall complete the Jailer's Assessment on each Los Angeles County Unified Arrestee Medical Screening Form as well as review the section completed by the arresting officer and the Inmate Classification Questionnaire and Record of Medical Screening, Form 05.36.00. If the answer to any questions on the form is "yes," detention officers shall determine if the arrestee can be properly detained in the booking facility.  Detention officers shall ensure that any necessary special confinement or in-custody care is provided.

648.05 MEDICAL TREATMENT - GENERAL. Booked and unbooked prisoners requiring mental or physical examination or treatment shall be cared for as outlined in 4/648.10 through 4/648.30. No prisoner shall be taken for any form of treatment or examination to facilities or personnel other than those outlined in these sections, except in extreme emergency.

If the prisoner is in custody for an alleged violation of California State Law and medical treatment is actually given, the officer having custody of the prisoner shall, following treatment, complete in duplicate an In‑Custody Medical Treatment, Form 761472. Both copies of the Form 761472 shall be left with the treatment records at the medical facility.

Note: In the event the Form 761472 is not available at the medical facility where treatment is given, officers shall, as soon as practicable after processing the prisoner, ensure that the forms are obtained, completed, and forwarded to the medical facility where the arrestee was treated.

648.07 MEDICAL TREATMENT REQUIRED WHEN A CAROTID UPPER BODY CONTROL HOLD IS USED. Whenever a modified carotid, full carotid, or locked carotid upper body control hold is used, the suspect shall be immediately examined by a physician at a contract hospital or jail dispensary.

Note: If the suspect is rendered unconscious and fails to regain consciousness immediately, officers shall request an ambulance.

648.10 MEDICAL TREATMENT OF UNBOOKED ARRESTEES. An officer having custody of an unbooked arrestee who is, or complains of being, ill, injured or in need of medication shall:

  • Cause the arrestee to be examined at a Department Jail Dispensary, a Los Angeles County Medical Center, or a Department contract hospital;

Note: When emergency medical attention is necessary, officers shall be guided by 4/210.75.

  • When an arrestee is transported to a private hospital by a City Rescue Ambulance, necessary treatment may be performed at that hospital;

  • Obtain a copy of the facility's medical treatment record completed by the examining physician, including a statement of the circumstances which will be used as a medical authorization to book;

  • When the examining physician recommends continued medical attention or scheduled dispensing of prescribed medication, but not hospitalization, book the arrestee at a facility where such attention may be obtained;

  • Due to confidentiality issues when someone is given medical treatment for a specific medical illness (for example: AIDS, high blood pressure, tuberculosis), not related to the arrest/crime, the illness shall not be

    documented in the report unless it is an element of the crime (i.e. 647f p.c., 120291 H&S, etc.);

  • Give the medical treatment record to the booking employee; and,

  • If the arrestee requires medical treatment at a jail dispensary, the booking officer shall fill in the total time required for medical treatment (MT) on the Rapid Booking Slip.  MT does not include time at a contract hospital.

Arrestees Who Have Ingested Narcotics. When an employee believes that an arrestee has ingested narcotics or any other substance which could present a health hazard to the arrestee, the employee shall:

  • Summon a Los Angeles Fire Department Rescue Ambulance for assessment and treatment without unreasonable delay;

Exception: If circumstances dictate, the arrestee shall be transported by a City ambulance as outlined in Department Manual Section 4/210.22, 4/210.23, 4/210.75, and 4/648.13.

Note: Arrestees may be detained in Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section facilities only with approval of the LAC-USCMC or contract hospital physician.

  • Advise the attending physician of the situation, including an estimate of the amount of time elapsed since the drugs were ingested, and, if possible, the type, quantity, and packaging of the drugs ingested;

  • Obtain a copy of the medical treatment record completed by the examining physician;

  • Book any evidence obtained as a result of the medical treatment in accordance with established procedures; and,

  • Include in the arrest report, as detailed statement of the medical treatment received and/or prescribed.

Arrestees in Possession of Prescription Medication. When persons to be booked and detained in Department custody have prescription medication in their possession, officers shall transport them to the Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section dispensary for medical evaluation prior to completing the booking process.

Exception: When persons in Department custody are to be booked and immediately released, a medical evaluation is not necessary.

Arrestees in Custody of an Outside Police Agency. An ill or injured person, or an individual complaining of illness or injury, in the custody of officers of an outside police agency (4/850) and presented for booking at a Department jail facility, shall not be booked without written medical authorization.

Arrestees to be Hospitalized. When the examining physician recommends hospitalization, an officer having custody of the arrestee shall:

  • Obtain a copy of the facility's medical treatment record.

  • Cause the arrestee to be transported to LAC‑USCMC Jail Ward and give the medical treatment record to the booking deputy.

Note: When transportation by ambulance is required and the City Ambulance is unable to transport, request transportation through the County Ambulance Department, LAC‑USCMC.

  • Complete a Booking and Identification Record, Form 05.01.00 (5/5.1).

  • Telephonically notify Records and Identification Division, Criminal Records Section, and report the arrestee information on the first nine lines of the Booking and Identification Record.

  • Telephonically notify Detective Support and Vice Division that fingerprints and photographs are needed.

  • Package the arrestee's personal property (4/604.45).

  • Deposit excess personal property at Property Division (4/645.20).

  • Submit the necessary reports at the Area where the reports will be processed (5/5.2-10).

Arrestees Refused Hospitalization at LAC‑USCMC Jail Ward. When the physician refuses to admit the arrestee to the Jail Ward, an officer shall:

  • Obtain a Medical Record, County Form 260, containing the reason for referral.

  • Book the arrestee at the appropriate County jail facility.

  • Give the County Form 260 and the medical treatment record to the booking deputy.

  • Submit the necessary reports at the Area where the reports will be processed (5/5.2-10).

Arrestees who Refuse or Deny Medical Treatment. When an arrestee who is or appears to be ill, injured, in need of medication, or in need of medical attention refuses medical treatment, officers shall ensure the arrestee is examined by medical personnel in accordance with established procedures. If the arrestee continues to refuse treatment after being examined by medical personnel, arresting officers shall obtain two copies of the examining facility's medical treatment record. One copy shall be submitted to the detention officer at the time of booking and one copy shall be attached to the arrest report. The arrestee's refusal shall be thoroughly documented in the narrative of the arrest report.

648.11 MEDICAL TREATMENT REQUIRED WHEN TASER CONTROL DEVICE IS USED. Whenever the TASER control device is used to control a suspect in custody, or being taken into custody, and the TASER darts make contact with that suspect's clothing or skin, the suspect shall be immediately examined by medical personnel. If the suspect loses consciousness, officers shall immediately request an ambulance.

Note: Medical personnel shall include a doctor or a nurse at a contract hospital or jail dispensary, or a paramedic.

648.12 EMERGENCY MEDICAL ATTENTION OF BOOKED PRISONERS. When it is first apparent that a booked prisoner is in need of emergency medical attention, the employee observing such a prisoner or made aware of such a situation shall immediately notify a jail supervisor. The jail supervisor shall:

  • Cause an examination to be made by a jail dispensary employee; and,

Note: In facilities without a jail dispensary, the jail supervisor shall immediately notify Communications Division requesting that a Rescue Ambulance (R/A) and a patrol unit respond to the jail Code 3.

  • Immediately notify Communications Division requesting that an R/A and a patrol unit respond to the jail Code 3 if it is determined that further emergency medical attention is required.

If any Area watch commander or the Jail Division Watch Commander identifies an available patrol unit at a jail facility where a prisoner needs emergency medical attention, he/she may assign that unit to accompany the transporting R/A. Once a unit has been designated to accompany the R/A, the watch commander may cancel the Code 3 call.

A prisoner shall be considered to be in need of emergency medical attention when:

  • The prisoner is intoxicated when arrested and does not react in a normal manner after two hours; or,

  • The prisoner is unconscious; or,

  • Any delay in medical treatment might result in further complications.

For additional responsibilities including those for non-emergencies refer to Section 4/648.20.

Communications Division’s Responsibility.

Emergency Medical Attention. When notified of a booked prisoner requiring emergency medical attention, Communications Division shall contact the Los Angeles Fire Department to request an R/A, and dispatch a patrol unit to the jail Code 3 utilizing the standard call selection sequence.

648.13 TRANSPORTING INJURED SUSPECTS/ARRESTEES. Suspects or arrestees that require routine medical treatment may be transported in a police vehicle to a Department Jail Dispensary, a Los Angeles County Medical Center, or a contract hospital. When arrestees, suspects, or others require emergency medical attention, they shall only be transported via Rescue Ambulance (4/210.75). When it is necessary to transport a  suspect or arrestee by ambulance, generally at least one officer shall accompany the suspect or arrestee in the ambulance.

Officers shall accompany all restrained suspects or arrestees being transported to the hospital by rescue ambulance.  This will ensure that adjustments to the restraints (e.g., handcuffs and Hobble Restraint Device) can be made, as necessary, for medical treatment and allow for the overall management and safety for all.  Fire Department personnel may require that the restraints be removed in order to provide appropriate medical treatment.  In those cases, the officer shall closely monitor the suspect or arrestee.

 

Exception:  When an issue arises between Department personnel and the treating or the transporting Fire Department personnel, Department personnel may seek the advice of an on-scene supervisor or the on-duty watch commander; however, they shall not delay the transportation.  If Fire Department personnel refuse to allow an officer to ride in the ambulance or an officer cannot reasonable be accommodated in the ambulance due to necessary medical treatment, at least one officer shall ride in the front passenger seat of the rescue ambulance or follow the rescue ambulance in their assigned police vehicle.  Thereafter, the officer(s) shall document the incident on an Employee’s Report, Form 15.07.00, addressed to the commanding officer of the involved Department entity.  The concerned divisional watch commander shall log the incident on a Watch Commander’s Daily Report, Form 15.80.00, and attach the Employee’s Report.

 

Note:  When the suspect’s clothing or other items with the suspect have evidentiary value and cannot be removed prior to transportation, the assigned officer shall ensure that the chain of custody of such evidence is documented in the appropriate report.

 

648.14 NOTIFICATIONS WHEN PRISONER DIES IN A DIVISION JAIL. A detention officer, upon learning of the death of a prisoner in a Department Jail Facility, shall notify the on‑duty watch commander who shall then notify:

  • The Officer in Charge, Jail Operations Section, Jail Division.

  • The Department Command Post, Real-Time Analysis and Critical Response Division (RACR).

  • A supervisor of the concerned agency, when the arrestee is booked by an agency other than this Department.

Note: During off-hours, notification shall be made to the Watch Commander, Metropolitan Jail Section, Jail Division.

The Commanding Officer, Force Investigation Division, Investigative Support Section, (FID), is responsible for ensuring that the Supervisor, Jail Dispensaries, Medical Services Division, Personnel Department, is notified. Notification shall be routinely made as soon as practicable during normal duty hours, Monday-Friday, 0730-1630 hours.

Note: The FID investigating officers shall be responsible for advising personnel of information to be included in reports required as a result of the death of a prisoner held in a Department jail facility.

Procedures for transferring a prisoner's personal property to the Coroner and making the appropriate prisoner release notification when a prisoner dies in a division jail shall be performed in accordance with Section 4/238.65.

648.15 NOTIFICATIONS WHEN A PRISONER IS INJURED IN AN AREA OR DIVISION JAIL. A detention officer, upon learning of a prisoner receiving an injury while in an Area or division jail, shall:

  • Notify the Officer in Charge, Jail Operations Section.

  • Notify the watch commander.

  • Notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR).

Note: When the injury received is such that medical treatment appears necessary, the procedures set forth in 4/648.20 shall apply. During off-hours, notifications shall be made to the Watch Commander, Metropolitan Jail Section.

648.16 MEDICAL TREATMENT FOR ARRESTEES UNDER THE INFLUENCE OF PHENCYCLIDINE (PCP). All arrestees who exhibit objective symptoms of being under the influence of phencyclidine (PCP) shall receive medical treatment prior to booking as outlined in 4/648.10.

648.17 PRE ‑ BOOKING MEDICAL TREATMENT OF DRIVING ‑ UNDER ‑ THE ‑ INFLUENCE ARRESTEES - GCI READING OF .30 OR HIGHER. When an arrestee detained for suspicion of DUI elects to take a breath test, and the GCI reading is .30 percent or higher, arresting officers shall:

  • Record the test result on the GCI usage log;

  • Ensure the arrestee is physically examined by medical personnel as outlined in 4/240.10;

  • Record the GCI reading on the Booking Approval, Form 12.31.00; and,

  • Notify a supervisor prior to booking.

Note: If the examining physician recommends hospitalization of the arrestee, the arresting officers shall be guided by the advice of the physician relative to transporting the arrestee to the location of booking.

Supervisor’s Responsibility. Upon being notified by arresting officers that an arrestee has a .30 percent or higher GCI reading, the concerned supervisor shall ensure:

  • The arrestee has been physically examined by medical personnel;

  • The results of the GCI are noted on the Booking Approval, Form 12.31.00; and,

  • The booking/custody location of the arrestee is in accord with the recommendations of the examining physician.

648.18 NON - ARRESTEES WHO REFUSE, DENY, OR REQUEST MEDICAL TREATMENT. If a non-arrestee, such as a victim or witness, requests medical treatment, officers shall determine whether the request is an emergency. If it is an emergency, officers shall summon an ambulance. If it is not an emergency, officers shall advise the non-arrestee to seek private medical treatment.

If a non-arrestee appears to need emergency medical treatment, but refuses and/or denies the need for such treatment, officers shall request an ambulance and allow ambulance personnel to document the non-arrestee's refusal and/or denial.

Note: Non-arrestees who refuse and/or deny emergency medical treatment shall be encouraged to stay at the location to await ambulance personnel. However, if non-arrestees insist on leaving the location, officers have no authority to stop them. An effort should be made to document a non-arrestee's refusal and/or denial with the non-arrestee's signature on the appropriate crime report or in the Field Officer's Notebook before the non-arrestee leaves the location.

Non-Custodial Individuals Claiming Injury Due to Department Employee Actions. When circumstances indicate that a non-custodial individual may have been, or claims to have been, injured by a Department employee, the investigating supervisor shall ensure that the individual receives a medical examination or evaluation (4/210.34).

648.20 MEDICAL TREATMENT OF BOOKED ARRESTEES. The responsibility for obtaining medical treatment for a prisoner shall rest with the employee who then has custody of the prisoner. When any employee becomes aware that a prisoner confined in any place of detention is, or complains of being, in need of medical treatment, the employee shall immediately notify a jail supervisor. The jail supervisor shall cause an examination to be made by a jail dispensary employee.

If it is determined that a prisoner needs further medical attention, or the facility does not have a jail dispensary, the jail supervisor shall contact Communications Division and request a police unit from the arresting officer’s Area/division of assignment Code 2 to transport the prisoner to a medical facility.

Note: For emergencies, in addition to the responsibilities listed below, refer to Section 4/648.12.

Employee’s Responsibilities. An employee responsible for obtaining medical treatment (non-emergency/emergency) for a prisoner shall:

  • Cause the prisoner to be delivered to a contract hospital or to a receiving clinic employee for advice and/or treatment (4/210.75).

  • Obtain a copy of either the Medical Treatment Record, Form PDMSD 7, or the Los Angeles Fire Department Rescue Report, Form 660. Two copies are required when the arrestee is to be hospitalized at the Los Angeles County‑USC Medical Center Jail Ward.

Exception: These forms are not required when a prisoner at Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section attends a regular sick call, and no outside treatment is needed, and the visit is recorded in a log book.

  • Complete a Prisoner Injury or Illness Report, Form 06.34.00, in cases involving injury of any degree, hospitalization at the Los Angeles County‑USC Medical Center, or epileptic seizure. A copy of either the Medical Treatment Record, or the Rescue Report, shall be attached to the copies of the Prisoner Injury or Illness Report forwarded to the Commanding Officer, Jail Division. When a Prisoner Injury or Illness Report is not required and medical treatment is given, a copy of either the Medical Treatment Record, or the Rescue Report, shall be attached to the Prisoner's Custody Record Card.

Exception: The Form 06.34.00 is not required in cases of epileptic seizures when a previous seizure has been reported within the past twelve months.

  • Complete a crime report in addition to the Illness or Injury Report when required by circumstances of the prisoner's illness or injury.

Medication.

  • At no time shall detention officers dispense or allow arrestees to administer to themselves, any prescription medication which was in their possession at the time of the arrest.

  • Arrestees that require periodic dispensing of medication shall be booked at Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section.

  • Prescription medication may only be administered by medical personnel at Metropolitan Jail Section, 77th Street Jail Section, or Valley Jail Section as directed by the evaluating physician.

  • Medication dispensed by detention officers or medical personnel at Jail Division shall be recorded on the back of Page 5 (Jail Custody Record) of the Booking and Identification Record. The information shall be listed under the heading Remarks and shall include:

  • Date, time, and type of medication dispensed.

  • Officer dispensing medication.

  • A prisoner may be administered non‑prescription medication (such as aspirin) only upon the prisoner's request. Department employees shall not suggest any form of medication.

Note: Detention officers, at end of watch, shall ensure that the succeeding watch is made aware of those prisoners requiring medication and the time intervals at which it is to be administered.

Medical Attention. When the medical authorization indicates the need for constant medical supervision but not hospitalization, the arresting officers shall transport the arrestee to the nearest jail facility capable of administering to the arrestee's medical needs.

Transferring Arrestee to LAC‑USC Medical Center. When the examining receiving clinic physician recommends hospitalization of an arrestee, the procedure as set forth in 4/648.10, "Arrestee to be Hospitalized," shall be followed except the Booking and Identification Record and its included reports shall not be completed.

Communications Division’s Responsibility.

Non-Emergency Medical Attention.

When notified of a booked prisoner requiring non-emergency medical attention, Communications Division shall attempt to assign the Code 2 non-emergency medical transfer call to the Area/division that initially arrested the prisoner. However, the Watch Commander, Communications Division, shall have the final authority in determining which Area/division is ultimately assigned a Code 2 non-emergency medical transfer call.

Emergency Medical Attention.

When notified of a booked prisoner requiring emergency medical attention, Communications Division shall contact the Los Angeles Fire Department to request an R/A, and dispatch a patrol unit to the jail Code 3 utilizing the standard call selection sequence.

Outside Agency Arrestees. When a prisoner booked into a Department jail facility by officers of an outside police agency (4/850) complains of illness or injury, the watch commander shall:

  • Make an immediate telephonic notification to a supervisor of the concerned outside agency.

  • Cause one copy of the completed Prisoner Injury or Illness Report, Form 06.34.00, when applicable, to be forwarded by the United States Mail to that agency.

648.25 ARRESTEES WITH CONTAGIOUS DISEASES.

Screening and Booking Arrestees With Contagious Diseases. When booking an arrestee into a Department jail facility, the booking employee shall, in addition to asking if he/she is ill or injured, ask the arrestee if he/she:

  • Has, or has had, tuberculosis.

  • Has hepatitis or venereal disease.

  • Has AIDS or is HIV positive.

  • Has any other contagious disease.

If the arrestee states, or otherwise evidences, that he has such a condition or has had tuberculosis, a medical evaluation shall be obtained prior to booking. Any statement made by the arrestee regarding his condition shall be noted in the "Special Medical Problem" section of the Los Angeles Consolidated Booking Form, Form 05.01.00. The arrestee shall be booked at the facility recommended on the Medical Record for Persons in Custody, Form PDMSD 15 (M.T. Record).

Note: When an arrestee is booked into a County facility other than Los Angeles County Jail , a copy of the M.T. Record shall be given to the Sheriff's booking employee. The Los Angeles County Jail Facility personnel will screen arrestees for contagious diseases and obtain any necessary medical evaluations.

Contagious Arrestees Discovered in Department Jail Facilities. When it is determined after booking that an arrestee has a contagious disease and is to be transferred to another facility, the arresting officer, when available, shall transport the arrestee. (This precludes unnecessary exposure to additional officers.)

When other transportation is provided, the jail supervisor shall promptly notify the arresting officers' watch commander, who shall promptly alert the arresting officers so that they may document the contact and take appropriate hygienic measures.

648.30 VERMINOUS PRISONERS. Verminous prisoners shall be given immediate treatment and isolated until disinfected. The watch commander shall be notified and arrangements shall be made for disinfecting premises and sterilizing bedding and clothing.

649. PRISONER HYGIENE AND RECREATION.

649.10 PRISONER HYGIENE. The Commanding Officer, Jail Division, shall ensure that prisoners who remain in Department custody longer than the morning following arrest are given an opportunity to shower, shave, and brush their teeth. Hygiene supplies are available through Supply Section, Fiscal Operations Division; however, in case of emergency, Jail Division maintains additional hygiene supplies.

  • Hygiene periods shall be scheduled during the day as directed by the Commanding Officer, Jail Division.

Exceptions:

  • Prisoners who demonstrate a propensity toward violence or who pose a risk to the reasonable security of the jail or to the safety of themselves or other persons shall not be allowed to shower or shave until the apparent risk subsides.

  • Prisoners who have distinctive facial hair which may be a factor in a follow‑up investigation may be restricted from shaving by the concerned investigating officer or watch commander of the jail facility by noting the shaving restriction on the booking approval. If the booking approval is no longer available, the watch commander or concerned investigating officer shall contact and notify the custodial detention officer of the shaving restriction.

  • Hygiene periods may be temporarily suspended when detention officers cannot supervise prisoner showers without compromising jail security or safety. Personal hygiene periods shall be resumed as soon as practicable.

649.20 PRISONER RECREATION. The Department will provide newspapers, including a Spanish language publication, and recreational material (e.g., checkers, dominoes, etc.) in sufficient quantities to ensure reasonable access to such materials by all interested prisoners. Recreational supplies are available through Jail Division.

650. PRISONERS' BAIL BONDSMEN AND ATTORNEYS.

650.10 ARRESTEE'S RIGHT TO AN ATTORNEY PRIOR TO BOOKING. When an attorney appears at a police facility desiring to see an unbooked arrestee in response to a direct call from the arrestee or the arrestee's sponsor, the concerned officer shall:

  • Identify the attorney by means of reasonable identification;

  • Promptly tell the arrestee that the attorney desires to speak to him or her; and,

  • If the arrestee wishes to see the attorney, allow him or her to do so.

650.40 IDENTIFYING ATTORNEY OR BAIL BONDSMAN. When a person desiring to see a prisoner states that he/she is an attorney or bail bondsman responding to a direct call from the prisoner or the prisoner's sponsor, (4/658.10) the interviewing officer shall:

  • Identify the attorney or bail bondsman by means of reasonable identification.

  • Determine by interviewing the prisoner that this is the particular attorney or bail bondsman he/she requested.

  • If the prisoner in fact requested the services of the individual, allow such person to see the prisoner, utilizing the procedure in 4/650.50.

650.50 BAIL BONDSMAN OR ATTORNEY REQUESTING TO SEE PRISONER. When an attorney or bail bondsman, requested by a prisoner, friend or relative of a prisoner, desires to see the prisoner, the detention officer shall:

  • Enter the name of the attorney or bail bondsman, the appropriate code, the word "interview," and the date and time on the reverse side of the Custody Record page of the Booking and Identification Record, Form 05.01.00.

  • When the prisoner wishes to see the attorney or bail bondsman, allow the interview. The detention officer shall then check the "completed" column and enter his/her serial number on the Custody Record.

  • When the prisoner does not wish to see the attorney or bail bondsman, inform the attorney or bail bondsman of the prisoner's wishes. The detention officer shall then enter "W" (waived) in the "completed" column.

Note: A bail bondsman responding to a request made by a relative or friend of a prisoner must be accompanied by such person except when the relative or friend has been contacted directly by the prisoner with a request to obtain the services of a bondsman.

650.60 RECOMMENDING ATTORNEYS AND BAIL BONDSMEN. An employee shall not recommend or suggest an attorney or bail bondsman under circumstances arising out of the performance of his/her official duties or on behalf of any person with whom contact has been established in the performance of official duties.

650.65 PRISONER REQUESTS FOR ATTORNEY AND BAIL BONDSMAN INFORMATION. Prisoners requesting information concerning the services of an attorney or bail bondsman shall be referred to the referral agency telephone numbers conspicuously posted in each jail facility or to the applicable pages of a telephone directory.

650.70 PRISONERS COMMUNICATING WITH ATTORNEYS AND BAIL BONDSMEN. If a prisoner contacts an attorney or bail bondsman prior to booking, while out of jail during an investigation, or while being transported, the employee having custody of the prisoner shall inform the receiving booking officer or detention officer. That booking officer or detention officer shall record the contact on the reverse side of the Custody Record page of the Booking and Identification Record, Form 05.01.00.

652. JAIL INSPECTIONS.

652.10 PRISONER COUNT. Information Technology Division shall compile custody disposition data from the Consolidated Crime Analysis Database (CCAD) and forward it to the Commanding Officer, Jail Division, at the end of each deployment period.

Custody disposition data compiled shall include the period from 0001 hours each Sunday through 2359 hours the following Saturday.

652.20 INSPECTION OF POST BY DETENTION OFFICER. A detention officer reporting on‑duty shall inspect the detention facilities, accompanied by the detention officer being relieved, and note:

  • The general appearance and condition of all prisoners.

  • The security of the cells and doors.

  • The sanitation of the premises.

A count of prisoners shall be made at the beginning of each watch and compared with the roster. A check of all cells and prisoners shall be made on a half‑hour basis.

652.30 REPORTING JAIL INSPECTIONS. The Commanding Officer, Jail Division, shall maintain a file of chronological records of inspections of jail facilities by a government agency, board, Grand Jury, or official inspections by members of the Department. It shall be the responsibility of the Commanding Officer, Jail Division, of the premises inspected, or his/her delegate, to report any order, recommendation, or suggestion made to any person of his/her command as the result of such inspection. One copy of the report shall be forwarded to each of the following:

  • Assistant to the Director, Office of Special Operations.

  • Commanding officer, concerned geographic operations bureau.

  • Jail Section watch commander division files.

653. SPECIAL CONFINEMENT AND OBSERVATION OF PRISONERS.

653.10 PLACING A PRISONER IN SPECIAL CONFINEMENT. Special confinement of prisoners may be required when they exhibit characteristics or behavior which present a clear danger to the safety of themselves or others or pose a threat to the security of the jail facility. Special confinement shall only be authorized by a Jail Division supervisor where the prisoner is incarcerated. When a prisoner is placed in special confinement, the detention officer shall remove any of the prisoner's possessions or clothing which could be used to injure the prisoner or damage the cell, such as shoes. The detention officer shall initiate a Special Confinement and Observation Record, Form 06.51.00, and obtain approval for special confinement from a Jail Division supervisor.

A prisoner shall not be routinely deprived of all clothing when being placed in special confinement. Should it become necessary to remove more of a prisoner's clothing, approval shall be obtained from a sworn supervisor. The supervisor shall record the reason for removal of the additional items on the Special Confinement and Observation Record.

653.20 INSPECTION OF PRISONERS IN SPECIAL CONFINEMENT. When a prisoner is placed in special confinement, the detention officer shall inspect the prisoner at least once every fifteen minutes , or more frequently if circumstances require, and record such inspection on the Special Confinement and Observation Record, Form 06.51.00.

The watch commander of Metropolitan Jail Section, Valley Jail Section, 77th Street Jail Section, or Operational Jail Section supervisor of at least the rank of Principal Detention Officer shall be notified when:

  • A prisoner requires special confinement.

  • A prisoner has been initially placed in a special confinement for four hours without a medical evaluation.

  • A prisoner has been held in special confinement for a twelve‑hour period after the initial medical evaluation.

The watch commander shall:

  • Document the circumstances and any medical evaluation given to the prisoner in the Special Confinement and Observation Record, Form 06.51.00.

Note: Notification regarding the necessity of special confinement shall be made to the watch commander who gave booking approval.

  • Ensure that a medical evaluation from either a contract hospital or a jail dispensary is completed within four hours of the initial special confinement and every subsequent twelve hours of special confinement.

  • Contact the Watch Commander, Metropolitan Jail Section, prior to transfer of the prisoner to Metropolitan Jail Section, if continued special confinement is necessary in other than an outlying Area jail.

Exception: Geographic Areas with jail facilities within Operation‑Valley Bureau shall contact the Watch Commander, Valley Jail Section.

654. SOBERING CELL.  The sobering cell is used to temporarily confine any arrestee whose safety is at risk or who may be a threat to others, because of their state of intoxication or substance impairment. To determine whether the arrestee should be booked or transported to a contract hospital, arresting officers shall ensure the arrestee is evaluated by jail dispensary medical staff prior to booking. If it is established by the jail dispensary that the arrestee’s health is not at risk due to injuries or other medical conditions, dispensary personnel may approve the arrestee for booking with a handling requirement of temporary housing in a sobering cell.

OFFICER’S RESPONSIBILITIES. An officer booking a 647(f)PC arrestee, any arrestee whose safety is at risk or who may be a threat to others because of their state of intoxication or substance impairment shall:

  • Have the arrestee evaluated at a Department jail dispensary by medical staff; and,

Note: Those arrestees with a Gas Chromatograph Intoximeter (GCI) breath test results of .30 or higher shall be examined at a Jail Division dispensary or contract hospital, as delineated in Department Manual Sections 4/343.25 and 4/648.17.

  • Present the arrestee to Jail Division staff along with the Sobering Cell Inmate Welfare Form and the Inmate Classification Questionnaire and Record of Medical Screening.

Note: The availability of a sobering cell does not change the arresting officer’s responsibility to ensure that the arrestee receives proper medical treatment as delineated in Department Manual Sections 4/210.23 and 4/648 (e.g., arrestees who have apparent injuries, arrestees who are unconscious, arrestees who have ingested narcotics or arrestees under the influence of phencyclidine, also known as (PCP).

DETENTION OFFICER’S RESPONSIBILITIES. Detention officers shall do all of the following and document their findings on the Sobering Cell Inmate Welfare Form:

  • Conduct a direct visual check of the inmate no less than every 30 minutes and log the actual time;

  • Determine whether the inmate is awake or asleep;

  • Wake sleeping inmates and document their verbal or physical response;

  • Document whether the inmate’s breathing is regular and whether the inmate has vomited;

  • Document any changes in the inmate’s respiration;

  • Document the respective detention officer’s name and serial number for each 30 minute inmate check;

  • Ensure the inmate is re-evaluated by jail dispensary medical staff no later than 6 hours after the initial evaluation;

  • Ensure the inmate’s nutritional needs have been met and check the corresponding box on the Sobering Cell Inmate Welfare Form; and,

  • Ensure the inmate is re-evaluated by jail dispensary medical staff no later than 12 hours after the initial evaluation.

AREA WATCH COMMANDER’S RESPONSIBILITY. Area watch commanders shall ensure all 647(f)PC arrestees, or any arrestee whose safety is at risk or who may be a threat to others because of their state of intoxication or substance impairment, be evaluated at a Department jail dispensary.

JAIL DIVISION WATCH COMMANDER’S RESPONSIBILITIES. Jail Division watch commanders or shift supervisors shall:

  • Complete the “Watch Commander/Shift Supervisor” section of the Sobering Cell Inmate Welfare Form;

  • Complete their name, serial number, date, time and any additional comments;

  • Indicate whether the inmate was released, transferred to another facility or transferred to a regular cell and indicate the date and time;

  • Ensure all forms are properly completed;

  • Ensure the completed Sobering Cell Inmate Welfare Form is attached to the jail watch supervisor’s log; and,

  • Ensure a copy of the Sobering Cell Inmate Welfare Form is attached to the inmate’s divisional booking record (white card).

657. SERVING LEGAL PROCESSES ON PRISONERS.

657.50 CIVIL PROCESS SERVICE. A person presenting a civil process for service on a prisoner shall be referred to the watch commander of the division in which the prisoner is detained. The watch commander shall have the prisoner brought to the office; and both shall sign the process, including the date and time.

When the prisoner is not available, the watch commander shall place the date, time, and his or her signature on the process and shall have a 3x5‑inch card receipt prepared stating the type of process and its requirements, if any.

When the prisoner is available, the watch commander shall serve the process and have the prisoner sign the receipt, including the date and the time. The signed receipt shall be forwarded to the Commanding Officer, Records and Identification Division, who shall cause it to be filed for a period of three years.

658. MESSAGES BY PERSONS IN CUSTODY.

658.10 TELEPHONE CALLS - GENERAL GUIDELINES. The following guidelines apply to all telephone calls completed by in‑custody adults and juveniles:

  • Adults must be allowed to make telephone calls before and after booking; juveniles, immediately upon being taken to a place of confinement.

  • A prisoner's refusal to cooperate in the booking process will not affect his or her right to complete calls. In any event, an adult arrestee's request to make phone calls will be granted within three hours following arrest, except where physically impossible. A juvenile, upon being taken to a place of confinement, must immediately be allowed the right to complete the phone calls, except when physically impossible.

  • The arresting or booking officer is required to inquire as to whether the arrested person is a custodial parent with responsibility for a minor child as soon as practicable upon arrest but, except where physically impossible, no later than 3 hours after arrest.  The booking or arresting officer is required to inform the arrested person that they are entitled to, and may request two additional telephone calls to make arrangements for a minor child.

  • Calls made to a prisoner's attorney, religious advisor, or licensed physician must not be monitored, eavesdropped upon, or recorded (636 P.C.).

Note: The Penal Code specifically prohibits the monitoring, eavesdropping upon, or recording of calls made to an attorney, religious advisor, or licensed physician. In other situations, an officer must act reasonably within the limits of his authority as defined by statute and judicial interpretation, thereby ensuring that the rights of both the individual and the public are protected (1/508).

  • Normally, calls completed at City expense must be limited to those which can be made on a City telephone by dialing "9."

  • Arresting and custodial officers must document calls made at City expense, for adult and juvenile arrestees, when directed by the concerned investigating officer or a supervisor. The notation will include the date and time, and the name and telephone number of the person‑called.

    • Adults. The notation must be made on the Custody Record page of the Los Angeles Consolidated Booking Form, Form 05.01.00.

    • Juveniles. The notation must be made on the related report and, if the minor is detained in a facility of another department, on the required entrance form. If no other reports are made, the information must be recorded on a Field Interview Report, Form 15.43.00.

  • If City‑expense calls are waived in favor of coin operated or calling collect, a notation must reflect that fact to avoid the appearance that the prisoner's telephone rights have been denied. The notation will be made on the custody record page of the Los Angeles Consolidated Booking Form, Form 05.01.00, for adults and on the applicable related form for juveniles.

  • The commanding officer of any location within a Department facility where an arrestee may be detained must ensure that a sign is posted in a conspicuous place containing the following information in bold block type:

    • Arrestees have the right to three free telephone calls within the local dialing area, or at their own expense if outside the local area. Arrestees may make calls to the following persons:

(1)   An attorney of their choice or, if they have no funds, the public defender or other attorney assigned by the court at (213) 974-2811. This telephone call will not be monitored, eavesdropped upon, or recorded; or

(2)   A bail bondsman; or,

(3)   A relative or other person.

  • You are entitled to, and may request two additional telephone calls to make arrangements for a minor child.

658.12 TELEPHONE CALLS-ADULT PRISONERS.

  • The concerned arresting officer/custodial detention officer shall be responsible for advising an adult arrestee of the right to complete three telephone calls within three hours from the time of arrest. The calls, if in the local dialing area, shall be made at City expense. If City‑expense calls are waived, the arrestee may utilize other available means (calling collect, coin operated, charge card) to complete the calls.

  • When a prisoner is to be transferred from a Department jail for arraignment, and the arraignment will be in a court other than where the accusatory pleading (complaint) was filed, he/she shall be allowed three calls in addition to those listed above.

  • A prisoner shall be permitted to complete one call, at his/her expense, to a magistrate for the purpose of obtaining release on bail.

  • When intoxication is an element of the charge, the arrestee shall be permitted to call a qualified person of his or her choice, at his or her own expense, for the purpose of taking a breath, blood, or urine sample for analysis by an independent laboratory.

658.17 TELEPHONE CALLS - JUVENILE IN CUSTODY. Immediately after being taken to a place of confinement, except where physically impossible, no later than one hour after he/she has been taken into custody, the minor shall be advised that he/she has the right to make at least two telephone calls from the place where he/she is being held, one call completed to his/her parent or guardian, a responsible relative, or his/her employer, and another call to an attorney.

Calls made within the local dialing areas shall be made at City expense.

Additionally, when intoxication is an element of the charge, the juvenile shall be permitted to call a qualified person of his or her choice, at his or her own expense, for the purpose of taking a breath, blood, or urine sample for analysis by an independent laboratory. Calls shall be made in the presence of an officer except when the call is made to an attorney, religious advisor, or licensed physician.

When a juvenile arrestee requests to make a phone call outside of the local dialing areas by using a calling card or payphone, he/she should be allowed to do so.  If the juvenile is without sufficient funds or is unable to complete telephone calls on a collect basis, telephone calls outside the local dialing areas may be made at City expense at the discretion of a supervisor.

659. VISITING OF PRISONERS.

659.10 PRISONER VISITATION. The Commanding Officer, Jail Division, shall ensure that prisoners who are authorized to have visitors are allowed one visit per day. Each visit is limited to one visitor; however, one minor child may accompany each responsible adult visitor. Every effort shall be made to accommodate visitors of both felony and misdemeanor arrestees.

Visitation periods shall cause minimal interference with jail and detective operations.

Posting of Visitation Policy. Commanding officers of Department jails shall ensure that the visitation policy, printed in both English and Spanish, is posted at locations within each facility where it is visible from all detention and booking areas.

Visitation Restriction/Denial. Generally, prisoner visitation rights are subject to denial or restriction if:

  • Admittance of a particular visitor would threaten or compromise the security of the jail facility; or,

  • Facts surrounding an investigation reasonably indicate that visitation by certain individuals will compromise the investigation.

The concerned investigating officer shall determine when visitation of a felony prisoner is to be restricted. When there is no investigating officer, or the investigating officer is unavailable, the patrol watch commander where the jail facility is located shall determine if visitation should be restricted.

Concerned Investigating Officer or Patrol Watch Commander of the Jail Facility-Responsibility. When the concerned investigating officer or watch commander of the jail facility determines that certain persons shall not be allowed to visit a prisoner, the investigating officer or watch commander shall:

  • If the restriction is requested prior to booking, note the visitor restriction and the name of the restricted visitors on the Booking Approval, Form 12.31.00

  • If the restriction is requested following booking, contact and notify the custodial detention officer of the restriction, the name of restricted visitors, and the name and serial number of the officer restricting the prisoner's visitation.

Custodial Detention Officer’s Responsibility. When the custodial detention officer is notified that a visitor restriction is required, either via the Booking Approval, Form 12.31.00, or by the concerned investigating officer or watch commander of the jail facility, the custodial detention officer shall:

  • Print in red letters, "VR" on the Jail Custody Record of the restricted prisoner's Los Angeles Consolidated Booking Form, Form 05.01.02, on the upper right hand corner; and,

  • Print in red letters, on the restricted prisoner's Los Angeles Consolidated Booking Form, Form 05.01.02, on the reverse side of the Jail Custody Record in the "Remarks" box and on the front of the Division Booking Record in the blank space beneath the box for identification numbers, the following:

    • VISITOR RESTRICTION;

    • The date and time the restriction was initiated;

    • Any other comments that may be applicable to the restriction; and,

    • The name and serial number of the officer who restricted visitation.

Visitation Requests. When notified that an individual requests to visit a prisoner, the custodial detention officer shall:

  • Require the visitor to complete the Prisoner Visitation and Temporary Sign‑out Record, Form 06.31.00.

  • Review the Prisoner's Division Booking Record and the Jail Custody Record of the Los Angeles Consolidated Booking Form, Form 05.01.02, for any visitor restriction.

  • If visitation restriction is not indicated, visitation shall be allowed pursuant to the posted visitation policy.

If visitor restriction is indicated, the custodial detention officer shall:

  • Verify the identity of all persons requesting permission to visit a prisoner.

  • Determine if the visitor has been restricted from visiting the prisoner.

If the visitor is not restricted, and no general visitation restriction is indicated, allow visitation pursuant to the posted visitation policy.

If visitation is restricted for that visitor, advise the visitor only that visitation for that prisoner has been restricted and the visitation will not be allowed. Visitors shall be referred to the officer placing the restriction for any further information or explanation.

659.15 NEWS MEDIA INTERVIEWS AND PHOTOGRAPHS. When an accredited news media representative requests to interview or photograph a prisoner, the officer having custody of a prisoner shall comply with the following procedures:

Unarraigned Prisoners.

  • Unarraigned prisoners shall not be interviewed by members of news media except in exceptional cases with the approval of the Chief of Police.

Note: Representatives shall be informed that interviews are not permitted until a prisoner has been arraigned.

  • Approval to photograph unarraigned prisoners by news media representatives shall be granted only if it does not interfere with the investigation. Granting of approval to photograph unarraigned prisoners shall be the responsibility of:

  • Detective Support and Vice Division, if the prisoner is confined in Metropolitan Jail Section.

  • Concerned investigating officers if the prisoner is confined in a geographic jail.

  • The Visitor's Pass, Form 06.21.00, shall be used to provide approval for news media representatives to photograph unarraigned prisoners. The words "Photos Only" shall be printed in large letters across the face of the form.

Arraigned Prisoners.

  • Interviews or photographs of arraigned prisoners by news media representatives may be granted without prior approval.

  • Prisoners shall not be compelled to be photographed or interviewed by news media representatives. An officer shall remain present when a prisoner is being interviewed or photographed.

Prisoner's Consent to be Interviewed.

  • The prisoner shall be asked if he/she desires to be interviewed by the representatives of the news media.

  • If the prisoner refuses to consent to the interview, the requesting representatives shall be informed of such refusal.

If the prisoner consents to the interview, the officer having custody shall:

  • Complete the back of the Custody Record of the Los Angeles Consolidated Booking Form, Form 05.01.00.

  • Complete the following statement on the back of the Custody Record of the Los Angeles Consolidated Booking Form, Form 05.01.00: "I understand that (name of reporter; if two or more, the word "reporters" shall suffice) representing (name of news media) desires to talk to me and I hereby certify that I voluntarily consent to the interview(s)." The prisoner shall be requested to sign the form. This form shall be completed by the officer having custody of the prisoner at the time the interview is requested.

  • Remain in the presence of the prisoner and the interviewers during the entire course of the interview.

659.40 CONDUCTING VISITORS THROUGH THE JAIL. Visitors may be conducted through the jail only when the detention officer has secured permission from a Jail Division watch commander or Operational Section supervisor.

660. TRANSFERRING AND TRANSPORTING BOOKED PRISONERS.

660.10 TRANSFERRING BOOKED PRISONERS. When a booked prisoner is to be transferred to another Department jail, or to arraignment court, the transferring officer shall prepare or have available for the transfer:

  • The Jail Transfer Record, Form 06.11.00.

  • The Custody Record page of the Los Angeles Consolidated Booking Form, Form 05.01.00.

Note: The Custody Record (Page 5) of the Los Angeles Consolidated Booking Form, Form 05.01.00, shall be arranged in the same order as listed on the jail transfer record. Any wants, warrants, or abstracts of wants or warrants for the prisoner shall be attached to the Custody Record.

  • The prisoner's personal property package and the Prisoner's Property Identification page of the Los Angeles Consolidated Booking Form, Form 05.01.00.

  • The City Attorney copy and the court copy of the Short Arrest Report, Form 05.02.01, if this form was used as an arrest report of a person booked on 647(c) P.C. (Begging).

  • Three copies of the Arrest Report, Form 05.02.00, if this form was used.

  • The complaint copy, in addition to the City Attorney copy and the court copy, of the Short Arrest Report, if this form was used as an arrest report, of a person booked on 647(f) P.C. (Drunk).

660.15 TRANSFERRING BOOKED PRISONERS TO LOS ANGELES SHERIFF'S DEPARTMENT'S CUSTODY. The custodial detention officer shall have all forms, prisoner's personal property, and prisoners ready for pick‑up prior to the scheduled arrival of the Sheriff's transportation detail.

660.20 TELETYPES OF PRISONERS TO BE TRANSPORTED TO ARRAIGNMENT COURTS BY THE LOS ANGELES SHERIFF'S DEPARTMENT. An "Order to Transport" teletype shall be sent, on court days, to the Los Angeles County Sheriff's Department, Bureau of Transportation, by the custodial detention officers of each Department detention facility having prisoners to be arraigned. The teletypes shall contain the number of prisoners by sex and their court destinations. The order shall be sent not later than:

  • 0430 hours for morning arraignment.

  • 0900 hours for afternoon arraignment.

660.30 AUTHORIZATION REQUIRED FOR TRANSFER OF FELONS. Authorization from the concerned investigating officer shall be secured by a division detention officer before transferring a felony prisoner from one division to another.

Note: When a felony prisoner is transferred from one division to another because of the need to provide medical attention to the prisoner, the concerned investigating officer shall be notified as soon as possible of the new location of detention.

660.40 OFFICERS TRANSPORTING TRANSFERRED PRISONERS. When an officer transports a booked prisoner from one division to another, he shall:

  • Sign the Jail Transfer Record, Form 06.11.00.

  • Secure the prisoner's property and the reports prepared for transfer by the transferring officer (4/660.10).

660.45 ADULT MALE NARCOTIC ARRESTEES - JAIL TRANSFER. Adult male narcotic felony and 11550 H&S arrestees who have been booked at 77th Street Jail Section, Southwest jail facility, and adult male 11550 H&S arrestees booked at Southeast jail facility shall be transferred to Jail Division each court day no later than 0430 hours.

Note: Watch commanders shall ensure that narcotic violation arrestees are transferred by Area personnel utilizing B‑wagons or other suitable vehicles.

660.50 DETENTION OFFICER RECEIVING TRANSFERRED PRISONER. A detention officer receiving a transferred prisoner shall:

  • Sign the Jail Transfer Record, Form 06.11.00.

  • Retain one copy of the form and return the other copy to the transporting officer for his records.

  • Accept the prisoner's property and the reports obtained by the transporting officer from the division from which the prisoner was taken (4/660.10).

670. ESCAPEES.

Booked Prisoners. When a prisoner has been booked and thereafter escapes the officer having custody of the prisoner at the time of escape shall immediately:

  • Notify a supervisor.

  • Notify Communications Division.

  • Complete an Escape Report, Form 06.06.00.

  • Cause an escape teletype to be sent (4/165.60).

Unbooked Arrestees. When an arrestee escapes prior to being booked, the officer having custody of the arrestee at the time of escape shall complete a Investigative Report, Form 03.01.00, for the crime for which the person had been arrested and include the facts describing the escape.

670.05 ESCAPES FROM JUVENILE DETENTION FACILITIES - REPORTING OFFICER'S RESPONSIBILITY. When an escape from a juvenile facility located within the City of Los Angeles is reported to this Department, the geographic patrol division where the facility is located has preliminary investigative responsibility. The reporting officer shall complete a Investigative Report (IR), Form 03.01.00, title "Escape" and shall:

  • Complete a local broadcast in accordance with Manual Section 4/165.60. The broadcast shall include information on any known accomplices and the escapee's residence address and division, if within the City of Los Angeles.

  • Notify the division or outside agency responsible for investigating the crime for which the juvenile was originally detained.

Note: The reporting officer shall place this division or outside agency in the appropriate box on the "Escape" IR as the investigating entity.

  • Notify any member of the concerned court, District Attorney's Office, or a victim or witness when there is a high probability that the juvenile may retaliate against any of these individuals.

Note: The detective handling the follow‑up investigation shall ensure this notification was made.

  • Upon the arrest of a juvenile escapee, notify the detective division responsible for the investigation of the escape.

Follow‑up Investigation-Detective’s Responsibility. The Area Detective Division or outside agency responsible for investigating the crime for which the juvenile was originally detained shall be responsible for the follow‑up investigation for the crime of escape. However, when the original outside arresting agency declines to assume responsibility, or has no jurisdiction in Los Angeles County, i.e., out‑of‑state or another country, the operations support division where the facility is located shall investigate the crime of escape. The detective assigned the follow‑up investigation shall:

  • When it is determined there is a high probability of the juvenile retaliating against any member of the concerned court, District Attorney's Office, or a victim or witness, ensure the individuals were notified.

  • Prepare a petition for the crime of escape and ensure that the District Attorney's Office adds a charge of escape to the original charge.

670.10 JUVENILE ESCAPEES. When a juvenile escapee is apprehended, the Watch Commander, Detective Support and Vice Division, shall be notified by telephone. The juvenile shall be booked and detained as advised by the Watch Commander, Detective Support and Vice Division.

670.15 CANCELLATION OF "WANTS" ON ESCAPED JUVENILES. When an escaped juvenile is apprehended, the Watch Commander, Detective Support and Vice Division, shall provide the necessary information to the agency which originally requested the apprehension of the juvenile in order that cancellation may be made.

670.20 APPREHENSION OF MISDEMEANOR ADULT ESCAPEE. When an adult misdemeanant who has escaped from the custody of the Department is apprehended, the concerned investigative division shall be notified immediately by telephone. If the concerned investigative division cannot be contacted, the Watch Commander, Detective Support and Vice Division, shall be notified.

674. RELEASE CONTROL FILES. Each jail facility shall maintain control files as follows:

  • "Prisoners Released-Not Verified by AJIS." Retain Page 6 of the Booking and Identification Record in this file until a verification teletype is received from AJIS acknowledging the prisoner's release.

  • "Prisoners Released-Verified by AJIS." Retain the verification teletype and Page 6 of the Booking and Identification Record, Form 05.01.00 or 05.01.01, for a period of 30 days.

675. RELEASES, DETENTION OFFICER’S DUTIES.

675.10 DETENTION OFFICER RECEIVING INVESTIGATOR'S FINAL REPORT

Prisoner in Detention Officer's Custody. When a detention officer having custody of a prisoner receives the Investigator's Final Report, Form 05.10.00, directly from the investigating officer, the detention officer shall:

  • Release the prisoner.

Note: A juvenile prisoner shall be released to the custody of his/her parents, guardian, responsible relative, or other person or agency designated on the Investigator's Final Report. When the juvenile is not released within two hours, the detention officer shall notify the concerned investigating officer, his/her supervisor, or the Watch Commander, Detective Support and Vice Division, when the above personnel are not available.

  • Cause a Notification of Prisoner Release Teletype to be sent within one hour to:

  • The Automated Justice Information System (4/165.32).

  • Detective Support and Vice Division, when the arrestee is a juvenile or is an adult booked on a felony charge.

A copy of the teletype shall be attached to the Form 05.10.00.

Marijuana Complaints. When notified that all other charges against an arrestee have been rejected and only a marijuana possession charge (11357b H&S) has been filed, the custodial detention officer shall, as soon as practicable, advise the arrestee of the status of the charges and release him on his own recognizance.

Note: In the event an arrestee in custody is to be released, but refuses to sign the promise to appear portion of the release form, he or she shall be arraigned on the marijuana possession offense within 48 hours, exclusive of Saturdays, Sundays and Holidays, following the time of arrest.

675.12 DETENTION OFFICER RELEASING A MISDEMEANOR PRISONER TO ANOTHER JURISDICTION. When a detention officer releases a misdemeanor prisoner to another jurisdiction, he/she shall:

  • Forward with the prisoner all outstanding warrants or warrant information teletypes placed by other agencies (4/165.35).

  • Send a Notification of Prisoner Release Teletype to the Automated Justice Information System (4/165.32).

Note: See Section 4/775.13 for Certificate of Release requirements.

675.15 DETENTION OFFICER ORDERING RELEASE OF A PRISONER NOT IN HIS CUSTODY. When a detention officer ordering the release of an arrestee by means of an Order to Release Teletype has not received a Notification of Release Teletype in one hour, he/she shall determine the reason for the delay.

675.20 DETENTION OFFICER RECEIVING ORDER TO RELEASE TELETYPE. The detention officer receiving an Order to Release Teletype from another division or from a Los Angeles County Sheriff's facility for the release of an arrestee shall:

  • Ensure that a positive identification of the arrestee, via the Live Scan, has been received prior to releasing the arrestee.  Refer to section 4/625.20 of the Department manual.

Note:  When a bail or bond has been posted, the positive identification confirmation has not been received and it has been four (4) hours since the fingerprints were transmitted, Jail Division watch supervisors, with concurrence of the Jail Division Watch Commander, must use their best judgment as to whether the arrestee should be released or held, based on all known facts.  The watch supervisor, prior to release, shall ensure that the R&I watch commander was notified and investigated the absence of a response,  The Jail Division watch supervisor's determination shall be judged on the reasonableness of the decision given the information known at that time.

  • When bail has been posted, issue a Bail Receipt and/or Notice to Appear, Form 6.15, to the arrestee and orally instruct him when and where to appear in court.

Note: The Form 6.15 shall be reviewed and approved by the issuing officer's supervisor.

  • Release the arrestee.

Note: A juvenile prisoner shall be released to the custody of his/her parents, guardian, responsible relative, or other person or agency designated on the Investigator's Final Report. When the juvenile is not released within two hours, the detention officer shall notify the concerned investigating officer; his or her supervisor; or the Watch Commander, Detective Support and Vice Division, when the above personnel are not available.

  • Send a Notification of Prisoner Release Teletype within one hour to:

    • The Automated Justice Information System (4/165.32).

    • Detective Support and Vice Division and the concerned investigating officer when an adult arrestee was booked on a felony charge or the arrestee is a juvenile.

    • The division or Sheriff's facility ordering the release.

    • Forward concerned teletypes; warrants; and Bail Receipt and/or Notice to Appear, Form 6.15, to the division bail auditor.

Note: When the arrestee was released other than on bail, one copy of the Notification of Prisoner Release Teletype shall be attached to the Order to Release Prisoner Teletype. Both teletypes shall be maintained at the division for a period of one month, after which time they shall be destroyed.

675.22 NOTIFICATION OF PRISONER RELEASE TELETYPES - PROCESSING. Upon releasing a booked person from custody, the officer releasing the prisoner shall:

  • Enter the disposition information and the date and time of release on the line immediately following the charge on Page 3 (Property Record) and Page 6 (Division Booking Record).

  • Retain Page 6 in a temporary file of "Prisoners Released-Not Verified by AJIS."

  • Forward Page 3 to the concerned teletype operator.

  • Ensure that a Prisoner Release Teletype is sent to the AJIS System as indicated in the LAPD Automated Justice Information System Teletype Operator's Manual.

  • Metropolitan Jail Section and the Harbor Area Jail Section are responsible for sending the release teletypes.

  • Divisional record clerks of other geographic areas shall be responsible for sending the release teletype.

Note: When the AJIS System rejects the release notification, the information shall be periodically teletyped until release verification is received.

  • The verification teletype shall be returned to the detention officer, who shall attach it to Page 6 and place it in the "Prisoners Released-Verified by AJIS" file. Page 3 can be discarded.

675.23 IMPERATIVE RELEASE (IR) MESSAGES - REVIEW. The detention officer of the on‑coming watch shall:

  • Review the IR teletype.

  • Indicate thereon each arrestee's detention status.

  • Forward the teletype to his/her watch commander.

Note: The watch commander shall review and initial the teletype.

  • After the watch commander reviews the teletype, file under "Prisoners Released-Verified by AJIS."

675.25 RELEASE ON ORDER FIXING BAIL. When a prisoner confined on a felony charge without a warrant, or a person acting as his or her representative, requests an Order Fixing Bail pursuant to Section 1276 of the Penal Code, the following procedures shall apply:

  • When a prisoner acts on his or her own behalf, the Request and Order for Fixing Bail, County Form 76R381 V, shall be completed and sent without unnecessary delay to the District Attorney via the Mail Unit, Records and Identification Division.

  • When a person acting in behalf of a prisoner presents a Request and Order for Fixing Bail to the detention officer at the place of detention, the detention officer, when required by the instructions on the form, shall deliver the form to the prisoner for his or her signature. The person acting in the prisoner's behalf shall then be directed to submit the form to the District Attorney's Office.

Detention officers shall cause the release of prisoners confined in the City Jail System for whom fixed bail release orders have been signed by:

  • Judges or commissioners of the Los Angeles Municipal Court ONLY when a person is arrested or booked within the boundaries of the City of Los Angeles.

  • Judges or commissioners of the Superior Court of Los Angeles County when the offense was committed in the County of Los Angeles.

  • Judges or commissioners of the Supreme Court and the Courts of Appeal in any bailable case.

When a prisoner is released as a result of an Order Fixing Bail, in addition to any other notification, the custodial detention officer shall cause a Notification of Prisoner Release Teletype to be sent to the concerned investigating officer.

675.30 ARRAIGNMENT OR RELEASE OF ADULT PRISONERS WHEN NO INVESTIGATING OFFICER ASSIGNED. The detention officer having custody of a prisoner, to whose case no investigating officer has been assigned shall ensure that all adult arrestees are arraigned or released as soon as possible, without unnecessary delay, and in no event beyond two court days following the day of arrest.

Exception: During a state of emergency a presiding judge may request that the "Chair of the Judicial Council" extend the time limit for prisoner arraignment from the current two days to a period not to exceed seven days.

Note: See Section 4/775.13 for Certificate of Release requirements.

675.35 PLACEMENT AND DISPOSITION OF ILLEGAL ENTRY HOLDS. Supplemental holds charging illegal entry against persons in the custody of this Department for an unrelated criminal offense shall only be authorized by officers of the United States Immigration and Naturalization Service (INS). Arrestees against whom the INS has placed a hold shall be released to the custody of INS within 24 hours after:

  • All local charges are dismissed; or,

  • Bail is deposited on the local charges; or,

  • The arrestee is determined to be eligible for release on his/her own recognizance on the local charges.

Note: Under no circumstances shall any person be held longer than 24 hours when an illegal entry hold is the only remaining charge. There is no extension of the 24 hour detention limit because of an intervening holiday or weekend period. Procedures governing the booking and detention of prisoners held enroute are unaffected by this section.

675.40 NOTIFICATION TO AGENCY PLACING SUPPLEMENTAL CHARGE, WHEN PRISONER AVAILABLE FOR RELEASE. When a prisoner against whom a supplemental charge has been placed by a parole or probation officer (4/646.15) is available for release, the custodial detention officer shall make a telephonic notification to the concerned agency. Releases of prisoners so charged may be made at Metropolitan Jail Section, 77th Street Jail Section, Valley Jail Section, or any Operations Jail Section, Jail Division.

675.45 NOTIFICATION TO AGENCY PLACING SUPPLEMENTAL CHARGE, WHEN PRISONER REMANDED TO CUSTODY OF SHERIFF. When a prisoner against whom a supplemental charge has been placed by a parole or probation officer (4/646.15) is remanded to the custody of the Sheriff, the officer releasing the prisoner from the City Jail system shall make a telephonic notification to the concerned agency.

675.50 NOTIFICATION TO AGENCIES HAVING MISDEMEANOR WARRANTS ON MISDEMEANOR PRISONER RELEASED TO ANOTHER JURISDICTION.  When a prisoner is released from Department custody to another agency and warrants or warrant information teletypes received from other agencies have been forwarded with him/her, the detention officer releasing the prisoner shall cause a Notification of Forwarded Warrants Teletype to be sent to the concerned agencies.

680. RELEASE ON BAIL.

680.02 RESPONSIBILITY TO ACCEPT BAIL. An employee shall accept bail in the form of cash, valid surety bonds, or verified negotiable paper in the form of cashier's checks, bank money orders, United States Postal Service money orders, and Western Union money orders, for a prisoner confined in any Los Angeles City or County jail facility on any charge or warrant for which bail has been set.

680.05 SEIZURE OF CASH BAIL IN NARCOTICS RELATED CASES.

Employee’s Responsibility. Upon the presentation of cash bail on behalf of arrestees detained for cases involving Sections 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11359, 11360, 11361, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11383(a), and 11383(b) H&S, or other related felonies where the presumptive bail is $10,000 or more and there exists probable cause to believe that the currency represents proceeds from the sale of illegal drugs, the employee presented with the bail shall notify the on-duty uniformed patrol division or Watch Commander, Metropolitan Jail Section.

Watch Commander’s Responsibility. Upon notification, the on-duty uniformed patrol division or Watch Commander, Metropolitan Jail Section shall:

  • Ensure that a sworn officer is assigned to conduct a preliminary investigation which examines the source of the currency that has been presented for bail; and,

  • Ensure that the Financial Unit, Gang and Narcotics Division, has been notified to respond to the location and that all directions from the Financial Unit are received and complied with.

Note: During off-hours, the on-duty detective at Narcotics Information Network (NIN), Gang and Narcotics Division, shall be notified. The on-duty NIN detective will notify the on-call Financial Unit detective who will respond to the location, warranted.

Officer’s Responsibility. An officer assigned to begin an investigation as to the source of currency presented for bail shall initiate a "preliminary investigation." The officer shall complete the following functions in this exact order until the arrival of personnel from the Financial Unit, Gang and Narcotics Division:

  • Notify the Financial Unit or, when closed, the NIN unit;

  • Count the currency in the presence of the person offering the bail (presenter) and a supervisor;

  • Place the currency into a Money Envelope, Form 10.12.02;

Note: If a Canine Unit will be responding, do not place the currency into money envelopes until the Canine Unit's investigation is complete.

  • Complete the currency count register located on the back of the money envelope;

  • Properly identify the presenter through Department sources; and,

Note: The officer may ask additional questions related to the money in order to form an opinion as to it's origin.

  • Instruct the presenter to be seated until the arrival of detectives from the Financial Unit, Gang and Narcotics Division, who will then complete the investigation and, if appropriate, seize and book the currency per Department Manual Section 4/540.60.

Note: Only personnel from the Financial Unit, Gang and Narcotics Division, are authorized to seize and book currency pursuant to the provisions of 11470 H&S.

Upon the seizure of bail, the arrestee shall remain in custody until non-illicit cash or a bail bond is presented, or until the time of arraignment.

680.12 ACCEPTANCE OF BAIL AT CUSTODIAL DIVISION. When a request is made to deposit bail for the release of an arrestee, the custodial detention officer shall:

  • Accept and process the bail (4/680.20, 4/680.21).

  • Determine from the Court Schedule for Bail‑Outs when and where the arrestee is to appear in court.

Note: If the arrestee was booked on a misdemeanor warrant and the warrant information sheet contains citing instructions in the information portion of the teletype, detention officers shall ensure that the instructions are included on the arrestee's Bail Receipt and/or Notice to Appear, Form 6.15.

  • Orally instruct him/her when and where to appear in court.

  • Release the arrestee.

  • Cause a Notification of Prisoner Release Teletype to be sent to the Automated Justice Information System (4/165.32).

680.14 ACCEPTANCE OF BAIL - ARRESTEE IN CUSTODY AT DIFFERENT LOCATION. When a request is made to deposit bail for the release of a prisoner in custody at a different location, the employee accepting bail shall:

  • Ensure that a positive identification confirmation of the arrestee, via the Live Sscan, has been received.  Refer to section 4/625.20 of the Department manual.  Telephone the Arrestee Information Section, Inmate Reception Center, County Central Jail, when the arrestee is a male, or the Arrestee Information Section, Los Angeles County Jail, when the arrestee is female, to verify that the person is in custody on a bailable offense, and to determine the location of custody.

  • Make a telephonic request to the custodial division for a Bail Information Teletype.

Exception: When the arrestee is in County custody, a Request for Bail Information Teletype shall be sent to the concerned Sheriff's facility.

  • Upon receipt of the Bail Information Teletype, accept and process the bail (4/680.20).

Note: The Bail Information Teletype is the legal authorization to accept bail. When the Bail Information Teletype is incomplete, a telephonic request shall be made to the custodial detention officer to have a corrected Bail Information Teletype sent.

  • Send an Order to Release Prisoner Teletype to the custodial detention officer.

Note: When a Notification of Release Teletype is not received within an hour, the custodial detention officer shall be contacted to determine the reason for the delay.

680.15 SURETY BOND OFFERED BY ARRESTEE'S AGENT. The detention officer offered a Surety Bond by an arrestee's agent shall check the validity of the bond. The bond shall not be accepted when:

  • The bond does not conform to the correct arrestee "Bail Information."

  • The bond is for more than one warrant or one open charge.

  • Alterations or erasures are made on the bond.

  • Bail is in excess of the bond limit.

  • The bond has expired.

  • The bond is not executed by an insurer certified to transact surety insurance in this State.

  • The bond has not been notarized.

  • When the validity of the bond is in doubt, the concerned detention officer or jail watch commander, shall be consulted.

  • After verification, the detention officer shall process the bond in the same manner as cash bail (4/680.12).

680.16 PARTIAL CASH BAIL OFFERED BY ARRESTEE'S AGENT. The detention officer offered partial cash bail by an arrestee's agent shall:

  • Determine the amount of bail from the bail schedule or, if the arrestee was arrested on a warrant, from the warrant.

  • Determine whether the arrestee has sufficient money in his/her property to complete the balance of the bail and whether the arrestee desires his/her money to be used for that purpose.

Sufficient Funds. If the arrestee has sufficient funds and desires that they be used for bail, secure their release to the arrestee's agent by having the arrestee complete a Property Release, Form 06.08.00. Complete the release procedure (4/680.12).

Insufficient Funds. If the arrestee has insufficient funds or if he/she is unwilling that his/her funds be used for bail, the detention officer shall decline to accept the partial payment offered by the arrestee's agent.

680.20 BAIL ACCEPTANCE PROCEDURES. An employee receiving bail shall:

  • Complete a Bail Receipt and/or Notice to Appear, Form 6.15;

  • Accept the proper amount of bail as indicated on the Bail Schedule, Bail Information Teletype, or warrant.

  • Submit the Bail Receipt and/or Notice to Appear or the Release Agreement, to a supervisor for verification of bail amount and form approval;

  • Ensure that a positive identification confirmation of the arrestee, via the Live Scan, has been received prior to releasing the arrestee.  Refer to section 4/625.20 of the Department manual;

Note:  When a bail or bond has been posted, the positive identification message has not been received and it has been four (4) hours since the fingerprints were transmitted, Jail Division watch supervisors, with concurrence of the Jail Division Watch Commander, must use their best judgment as to whether the arrestee should be released or held, based on all known facts.  The watch supervisor, prior to release, shall ensure that the R&I watch commander was notified and investigated the absence of a response,  The Jail Division watch supervisor's determination shall be judged on the reasonableness of the decision given the information known at that time.

Exception: At Metropolitan Jail Section, verification and approval may be made by the Release Desk Officer in Charge when the bail does not exceed $100.00.

  • Issue a Bail Receipt and/or Notice to Appear to the depositor and when applicable, to the arrestee (5/6.15); and,

  • Ensure that the bail, the remaining copies of the Form 6.15, and, when applicable, the warrant or Bail Information Teletype are delivered to the Division Bail Auditor as soon as practicable.

Employees accepting bail in the form of cashier's checks, bank money orders, and Western Union money orders shall ensure that:

  • The depositor presents two forms of valid identification at the time the negotiable paper is offered. The identification shall include:

    • A valid driver's license or identification card issued by a state of this country; and,

    • A current employee identification with photograph or a current credit card.

  • The negotiable paper is drawn on a California bank;

  • There is no evidence of alterations or erasures to the negotiable paper;

  • The value equals, or is greater than, the correct bail amount;

  • The negotiable paper is made payable to the "Los Angeles Police Department Bail Account;"

  • The prisoner's name and booking number are recorded on the right front corner of the negotiable paper;

  • The depositor's driver's license number or identification card number is recorded on the back of the negotiable paper;

  • The negotiable paper is recorded as cash on the Bail Receipt and/or Notice to Appear, Form 6.15, by placing a check in the "cash" box; and,

  • The following information is recorded in the "Depositor's" section of the Form 6.15:

    • The depositor's name and address;

    • The depositor's state driver's license number or state identification card number; and,

    • The bank identification number printed on the cashier's check, bank money order, or Western Union money order.

  • The completed Form 6.15 is submitted to a supervisor for approval and verification of bail amount.

Note: When the negotiable paper value is greater than the correct bail amount, the overage shall be sent to the appropriate court. The employee accepting the bail shall document the overage on the Form 6.15 by writing the word "OVERAGE" on the last line in the box titled "Warrant Number and/or Charge."

680.30 DETERMINING FELONY BAIL. When a watch commander approves the booking of a person arrested for a bailable felony offense, he or she shall:

  • Determine the appropriate bail by applying the circumstances of the case to the current felony bail schedule for Los Angeles County.

  • Record the appropriate bail and arraignment court in the lower right‑hand corner of the Booking Approval, Form 12.31.00.

Note: When a watch commander or investigating supervisor advising booking determines that an increased bail should be sought, he/she shall, in addition, record the notation "Hold Pending Bail Increase" in the lower right‑hand corner of the Booking Approval, Form 12.31.00.

  • Direct the arresting officer to present the original Booking Approval, Form 12.31.00, to the booking employee, who shall enter the amount of bail in the appropriate space on the booking slip. The Booking Approval, Form 12.31.00, shall be attached to the division copy of the arrest report.

Exception: When an arrestee is to be booked directly into a Los Angeles County Jail facility, the transporting officer shall ensure that the appropriate bail and arraignment court information is entered on the Los Angeles Consolidated Booking Form, Form 05.01.00.

680.35 BAIL REDUCTION PROCEDURES. When notified by Detective Support and Vice Division that a prisoner is seeking a bail reduction, the Area watch commander or concerned investigation officer shall:

  • Conduct a prompt inquiry into the circumstances of the arrest to determine if the Department is opposed to a bail reduction or own recognizance (O.R.) release; and,

  • Notify the Pretrial Services Division, Superior Court, of the Department's position.

680.40 DECREASED FELONY BAIL AND FELONY O.R. RELEASES. Detention officers shall permit a felony arrestee, or his/her representative, to contact a judge or commissioner to request a bail reduction or felony own recognizance release. When a detention officer receives a teletype notification of a felony bail decrease, he/she shall accept a cashier's check, bank money order, Western Union money order drawn on a California bank, cash or a valid surety bond in the specified amount, then release the arrestee. The teletype shall be attached to the division file copy of the Bail Receipt and/or Notice to Appear, Form 6.15.

Note: Felony bail reductions or Own Recognizance releases are not authorized for crimes delineated in 1270.1 P.C. and 667.5 P.C. These arrestees can not have their bail reduced, nor be released on their Own Recognizance, until after their first court appearance. Any change, or pending change, to an arrestee's bail shall be recorded on the Booking and Identification Record, Form 05.01.02, under the additional charges section of the Jail Custody page and the Division Booking page.

When a detention officer receives a teletype notification of a felony "own recognizance release" authorization, he/she shall:

  • Complete, and obtain the arrestee's signature on, the Felony Own Recognizance Release and Agreement to Appear, Form 06.03.01.

  • Contact the concerned investigating officer or watch commander to ensure that the Investigator's Final Report, Form 05.10.00, is completed.

  • Release the arrestee.

  • Attach the O.R. release teletype to the division file copy of the Form 06.03.01.

680.45 REQUESTING AN INCREASE IN FELONY BAIL.

Prior to arraignment, an officer shall request a bail deviation when an arrestee was arrested without a warrant and,

The defendant was arrested for a bailable felony offense or misdemeanor offense of violating a domestic violence restraining order; and,

The officer has reasonable cause to believe that the scheduled bail amount is insufficient to assure the defendant's appearance or to assure the protection of a victim, or family member(s) of a victim, of domestic violence.

Officer’s Responsibility. Officers seeking a bail deviation on an arrestee shall:

  • Book the suspect and obtain a booking number;

  • Advise the detective supervisor/watch commander of the circumstances of the case which necessitates a bail deviation;

  • Obtain approval from the detective supervisor/watch commander to request a bail deviation;

  • Contact the Los Angeles County Bail Deviation Program and provide the contact individual with the following:

    • Bail amount requested;

    • Circumstances which led to the arrest;

    • Reason(s) for the bail deviation request;

    • Aggravating circumstances which support the bail increase request;

    • Information on whether or not the arrestee is considered a flight risk;

    • Information on whether or not the arrestee can bail out on the current standard bail;

    • Information on whether or not the arrestee is considered a threat to the community and/or victim(s);

    • Prior criminal history;

    • Arrestee’s identification numbers (e.g., CII, FBI, Social Security Number, Driver’s License, etc.); and,

    • Requesting officer’s name and call-back number.

Note: Currently, the Los Angeles County Bail Deviation Program may be contacted seven days a week, including holidays, between 0630 and 0130 hours. Officers wishing to contact the program during off-hours shall wait until 0630 hours. Per Penal Code Section 1259(c), pending the issuance of a court order to change the bail amount, an arrestee may be prevented from posting bail for a maximum of eight hours from the time of booking.

  • After initial contact, send a facsimile copy of the arrestee’s Probable Cause Declaration to the Los Angeles County Bail Deviation Program;

The information provided to the contact individual at the Los Angeles County Bail Deviation Program will be immediately reviewed by the on-duty Bail Commissioner. Once the commissioner makes a decision, the requesting employee will be contacted and advised of the commissioner’s decision. If a bail deviation is granted, the jail facility where the arrestee is in custody will receive a teletype of the court order from the Los Angeles County Bail Deviation Program informing them of the bail deviation.

  • Upon approval of the request, document in the narrative portion of the arrest report the determined bail amount with the name of the concerned Bail Commissioner;

  • Notify the watch commander of the jail facility of the revised bail amount; and,

  • Obtain a copy of the teletype from the jail facility and attach it to the arrest report.

Detective Supervisor/Watch Commander’s Responsibility. The detective supervisor/watch commander shall:

  • Review the arrest report which documents the facts and circumstances which establish the reasonable cause to believe that the scheduled bail amount is insufficient;

  • Determine if the bail deviation request is justified; and,

  • If approved by a Bail Commissioner, ensure the required information is documented in the arrest report and a copy of the jail teletype is attached.

Jail Watch Commander/Supervisor’s Responsibility. Upon notification by the Department employee of an approved bail deviation, the jail watch commander/supervisor shall ensure that the arrestee’s bail deviation is updated on all booking/jail forms and that Records and Identification Division, Booking and Records Update Unit, is contacted.

Records and Identification (R&I) Division, Booking and Records Update Unit’s Responsibility. Upon contact of a bail deviation by jail personnel, R&I Division personnel shall update the bail in the Automated Justice Information System (AJIS).

680.50 HOLD PENDING BAIL INCREASE - DETENTION OFFICER’S RESPONSIBILITY. When a prisoner has been booked on a "hold pending bail increase" and a bail increase notification has not been received within eight hours of booking, the detention officer shall contact the detective supervisor/watch commander to verify that a bail increase has not been authorized. If a bail increase has not been authorized, the detention officer shall accept the amount of bail indicated on the Booking Approval, Form 12.31.00.

Note: Any change, or pending change, to an arrestee's bail shall be recorded on all booking/jail forms.

680.80 PROCESSING AND FORWARDING BAIL. Commanding officers of Areas or divisions which have bail responsibilities shall designate an employee as the division or Area bail auditor.

Each court day, the Area or division bail auditor shall:

  • Verify all bail accepted at the division and resolve discrepancies.

  • Deposit bail monies into the Los Angeles Police Department Bail Account at the bank designated to receive the funds.

  • Complete and authorize a separate bank check payable to each separate court group (e.g., one check for Division 50‑51, one check for Division 72‑75).

  • Forward check surety bonds, necessary copies of the Form 6.15, and any warrants to the appropriate court group.

  • Forward one copy of each Bail Receipt and/or Notice to Appear, Form 6.15, one copy of the Division Bail Log, Form 06.16.00; and bail bank deposit receipt to the Administrative Section, Jail Division.

  • Maintain the division bail file.

  • Maintain the bail schedules and the Bail Instruction Booklet.

  • Maintain the Daily Bail Accounts Receipts and Disbursements Report, Form 15.47.01.

680.95 FORWARDING ARREST REPORTS ON BAIL ‑ OUTS. When a misdemeanor prisoner bails out of a division jail, except in an outlying Operational Jail Section jail (0/030.), the detention officer shall notify Metropolitan Jail Section on the regular wagon pick‑up. The detention officer shall process the arrest reports and have them ready for the wagon pick‑up.

681. POST - BOOKING RELEASE.

681.05 RESPONSIBILITY FOR MAKING POST ‑ BOOKING RELEASE DETERMINATIONS. The responsibility for making post-booking release determinations is as follows:

  • For all misdemeanor arrestees detained in Metropolitan Jail Section, Release Desk Personnel.

  • For all misdemeanor arrestees booked into Valley Jail Section, the watch supervisor or other designated employee.

  • For all misdemeanor arrestees booked into 77th Street Jail Section, the watch supervisor or other designated employee.

  • For all misdemeanor arrestees booked into the count jail system, the concerned Los Angeles County Sheriff’s Department designee.

  • For all misdemeanor arrestees booked into a geographic jail facility, the senior jail staff member on duty at the facility.

681.10 PROCEDURE FOR DETERMINING POST ‑ BOOKING RELEASE ELIGIBILITY. Watch commanders and the Operational Jail Section supervisor of Department jails shall review the status of each adult misdemeanor arrestee in custody during required jail inspections and prior to the arrestee's transfer to LASD custody. Misdemeanor adult arrestees shall be immediately released from custody on their own recognizance (O.R.) unless one or more of the following conditions exist:

  • Arrestee is intoxicated to the point where the arrestee could be a danger to self or others.

  • Arrestee requires a medical examination or medical care, or is otherwise unable to care for own safety.

  • Arrestee is in custody for a violation of one or more of the circumstances listed in Sections 40302 or 40303 of the Vehicle Code.

  • Arrestee has one or more outstanding felony arrest warrants.

  • Arrestee has one or more outstanding misdemeanor arrest warrants not eligible for release under Section 827.1 of the Penal Code (4/216.67).

  • Arrestee is unable to provide satisfactory identification.  Positive identification confirmation shall be obtained via the electronic fingerprint Live Scan System.

  • Immediate release of the arrestee would jeopardize the prosecution of the offense for which arrested or the prosecution for any other offense.

  • There is a reasonable likelihood that the offense would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the arrestee.

  • Arrestee demands to be taken before a magistrate or refuses to sign the Notice to Appear.

  • There is reason to believe that the arrestee would not appear at the time/place specified in the notice.

Note: This includes those adult misdemeanor arrestees who cannot present satisfactory identification at the time of arrest, but whose identity is subsequently established via the Live Scan System Refer to section 4/625.20 of the Department manual.

681.15 POST - BOOKING RELEASE PROCEDURES. When a misdemeanor arrestee is apparently eligible for a post-booking release, the releasing officer shall, prior to releasing him/her, ensure that:

  • A want and warrant check based on positive identification has been conducted;

  • The arrestee's criminal record has been reviewed for convictions that would affect the original booking charge (e.g., California Penal Code Sections 484 and 25400);

Exception: The supervisor responsible for the own recognizance (O.R.) determination may, when records are not available after a reasonable length of time, evaluate the circumstances and release the arrestee.

  • The "O.R. Determination" portion of the Booking Approval, Form 12.31.00, indicates eligibility for post-booking release; and,

  • A sworn supervisor has approved the post-booking release and signed the Jail Custody Record of the Los Angeles Consolidated Booking Form, Form 05.01.00.

681.20 REPORTING POST - BOOKING INELIGIBILITY. When a determination is made that a misdemeanor arrestee is not eligible for a post-booking release, the reason for the nonrelease and the name and serial number of the officer making the determination shall be entered on the Jail Custody Record page of the Form 05.01.00 by the custodial detention officer.

682. EXCEPTIONAL RELEASES.

682.15 IMMEDIATE CASH BAIL ‑ OUT. Officers shall comply with the provisions of Vehicle Code Section 40304.5.

Note: Vehicle Code Section 40304.5 requires that any person who is taken into custody for two or fewer outstanding misdemeanor traffic warrants for failure to appear on a citation for a parking offense or a traffic infraction be provided the opportunity to immediately post bail. Additionally, if the arrestee does not have sufficient cash to post bail, the arrestee shall be allowed to make three completed telephone calls and have at least three hours to obtain sufficient bail. The arrestee shall not be booked, photographed, or fingerprinted, nor shall an arrest record be made, unless the three hours have elapsed or the arrestee declines to immediately post bail.

Local telephone calls shall be made at City expense utilizing the centrex system. Long distance calls shall be made collect by utilizing City Hall Operators and following their directions.

Adult arrestees taken into custody under the authority of 40302 V.C. through 40305 V.C., shall also be provided the opportunity to immediately post bail, without being booked, photographed, fingerprinted or having an arrest record made if they have sufficient cash in their possession.

It is the responsibility of the arresting officer to ensure that the arrestees have been informed of their rights concerning immediate cash bail‑out. The detention officer, or an officer designated by the watch commander, shall accept the bail and immediately release the arrestee.

Note: Searches of arrestees deemed necessary to ensure officer safety and station security may be conducted on arrestees arranging for immediate cash bailout. This does not normally include strip searches.

Exceptions:

  • When there is a question regarding the arrestee's identity, and the arrestee was arrested for a Vehicle Code violation, while operating a motor vehicle, the arrestee may be detained for a reasonable time, not to exceed two hours, so that his/her identity can be verified. In "immediate cash bail‑out" situations, misdemeanor traffic warrant arrestees shall not be detained for purposes of identification.

  • If the arrestees are intoxicated, the arrestees shall not be allowed to post immediate bail unless a responsible adult is present and willing to assume responsibility for them.

In lieu of a booking number, a DR number shall be used on the Bail Receipt and/or Notice to Appear, Form 6.15.

Exception: When there is a related report, the DR number of that report shall be used.

When immediate cash bail is posted for a misdemeanor traffic warrant, the Area jail unit shall enter the appropriate information into the CWS computer (4/611.30). Immediate cash bail‑outs are cleared from the CWS System in the same manner as bookings (with the exception that the DR number is entered in place of the booking number). Jail Division personnel shall forward all copies of the abstract to Records and Identification Division.

682.20 CANCELLED WARRANT INFORMATION SHEET RELEASE. When an arrest warrant information sheet has been teletyped to a division for booking purposes and the Department is subsequently directed to recall the warrant, a Cancel Warrant Information Sheet teletype will be directed to the division watch commander. When no other charges are pending, the concerned watch commander shall:

  • Cause the immediate release of the arrestee.

Note: When a question arises concerning the validity of a Cancel Warrant Information Sheet teletype, the concerned watch commander shall immediately telephone the Supervisor, Automated Want/Warrant Unit, Records and Identification Division, to determine the status of the warrant.

  • When the booking has been completed, cause the completion of an Investigator's Final Report, Form 05.10.00, authorizing the release. The notation "Warrant Information Sheet Canceled" shall precede all other information in the space provided for "Reason for Release."

Note: When the arrestee is detained at another facility, an Order to Release teletype shall be immediately transmitted to that facility.

690. JUVENILE RELEASES.

690.05 RELEASE OF JUVENILE DETAINED AT A JUVENILE HALL. To effect the release of a juvenile who is detained in a juvenile hall, the investigating officer shall:

  • Present one copy of the Investigator's Final Report, Form 05.10.00, authorizing the release, to the Watch Commander, Detective Support and Vice Division; or,

  • Present one copy of the Investigator's Final Report to the concerned record clerk and cause the transmittal of an "Order to Release Juvenile" teletype to the Watch Commander, Detective Support and Vice Division.

690.10 DETECTIVE SUPPORT AND VICE DIVISION - WATCH COMMANDER'S DUTIES. Upon receiving the teletype or Investigator's Final Report directing the release of a detained juvenile, the watch commander shall:

  • Telephonically notify the probation officer at Intake Detention Control at the concerned juvenile hall to release the juvenile.

  • Upon the notification of the release of the juvenile, cause the transmittal of a "Notification of Prisoner Release" teletype to the concerned investigating officer.

Note: When the concerned detective division is located in the Police Administration Building, a telephonic notification may be made.

690.20 RELEASE AUTHORIZED BY A PROBATION OFFICER. When a probation officer from the Probation Department's Intake Detention Control contacts the Department regarding the release of a juvenile detained in a juvenile hall, the probation officer shall be directed to contact the Watch Commander, Detective Support and Vice Division. The Watch Commander, Detective Support and Vice Division, shall:

  • Determine whether the subject shall be cited to return for further investigation and disposition.

  • Cause the transmittal of a "Notification of Prisoner Release" teletype to the concerned investigating officer when detained in a juvenile hall.

695. REGISTRATION OF CONVICTED PERSONS.

695.10 LOCATION FOR REGISTRATION OF CONVICTED PERSONS. Officers having a person in their custody whom they wish to register under the convicted person's registration laws shall take the person to the Criminal Records Section, Records and Identification Division, for processing. Persons wishing to register under such laws shall be directed to Records and Identification Division.

FOLLOW-UP INVESTIGATION

702. DETECTIVE'S CASE ENVELOPE - FELONY ARRESTEES.  Back to top

The assigned investigator shall ensure that:

  • A separate Detective's Case Envelope, Form 15.15.00 is utilized for each adult felony arrestee.

Exceptions: Investigations requiring use of a case package larger than the 15.15.00, or a Murder Book (4/710.30).

  • A copy of all related reports is filed in the package.

  • Applicable information is entered on the face of the envelope as it becomes available.

  • The completed case package is submitted to a supervisor for approval as soon as practicable after the Investigator's Final Report, Form 05.10.00, is approved and returned to the investigator.

After approval, completed case packages are to be filed as directed by the division commanding officer.

705. SUPPLEMENTAL CHARGES - BOOKED PRISONERS (4/646).

705.05 SUPPLEMENTAL CHARGE - DEFINED (4/646.05).

705.10 PLACING SUPPLEMENTAL CHARGES OR RECORDING A REDUCTION IN CHARGES (4/646.10).

705.22 BOOKED MISDEMEANANT WANTED ON A FELONY. An officer who discovers that a person booked on a misdemeanor charge is wanted on a felony charge shall notify by telephone:

  • The division requesting the arrestee, when the want is local.

  • The division that regularly investigates cases similar to the felony charge, when the want is foreign.

When the concerned division is closed, the notification shall be made to Detective Support and Vice Division. The officer receiving the notifications shall:

  • Determine whether the felony want is valid.

  • If the felony want is valid, cause the supplemental charge to be placed (4/646.10).

705.42 WARRANT BOOKINGS - ADDITIONAL OFFENSES. When an officer, while serving a warrant, either felony or misdemeanor, encounters circumstances which justify an arrest for an additional offense, he/she shall book the suspect on both the warrant and the additional offense.

705.62 JUVENILE BOOKED AS AN ADULT. When it is learned that a person under the age of eighteen years has been booked as an adult by members of this Department or an outside police agency (4/805) and no adult complaint has been issued, the concerned watch commander shall, without unnecessary delay, cause the juvenile to be segregated from adult prisoners and notify the concerned investigating officer and, if applicable, the involved outside police agency. The concerned investigating officer shall:

  • Release the adult charge by completing an Investigator's Final Report, Form 05.10.00.

Note: A teletype abstract of the Form 05.10.00 shall be sent to the concerned investigative division when the release is accomplished by an officer of another division.

  • Obtain a new booking number and rebook the subject as a juvenile.

  • Obtain a new booking number, a new set of fingerprints via the Livescan Tenprinter, and complete a new set of the Los Angles Consolidated Booking Form, Form 05.01.00 Enter the notation "Juvenile Rebooking" and the new booking number in the top left corner of the face sheet of a copy of the original adult arrest report. Forward both the cancelled and new Los Angeles Consolidated Booking Form, Form 05.01.00, to Records and Identification Division.

Note: When the original arrest report is a Short Arrest Report, Form 05.02.01, an Arrest Report, Form 05.02.00, shall be completed. The old booking number shall be placed in the Court Information space with the notation "Rebooking-Subject Originally Booked as an Adult (original booking number)." The court copy of the short form arrest report shall be attached to the investigating officer's copy of the arrest report.

  • Indicate in the narrative portion of the arrest report the following:

    • The date and time the juvenile's true age became known.

    • The facts regarding the misrepresentation of age and how the juvenile's true age became known.

    • The juvenile's true name if different than the name he/she was booked under.

    • Cause the revised arrest report to be distributed as indicated in Manual Section 5/5.2-88.

    • Complete a Detention Petition Request when the juvenile is detained.

Note: When a juvenile has been booked as an adult because the juvenile misrepresented his/her age and this misrepresentation materially delayed the investigation, a maximum of 48 hours additional time is allowed to complete the investigation and file a petition. The additional time begins when the juvenile's true age has been determined.

When the juvenile is rebooked and detained by other than the investigative division, the related reports shall be promptly delivered to the division responsible for the investigation. When the juvenile is released after rebooking, the related reports may be forwarded by Department mail to the concerned division.

Exception: When the juvenile has been booked as an adult by the CHP, the watch commander shall telephonically request that the concerned CHP supervisor promptly dispatch a CHP officer to accept custody of the juvenile and that a teletype be sent authorizing the release.

705.63 ADULT BOOKED AS A JUVENILE. When investigation reveals that a person booked as a juvenile was eighteen years of age or over at the time of the commission of the offense, the concerned investigating officer shall:

  • Release the juvenile charge and complete an Investigator's Final Report, Form 05.10.00, if the person is in custody.

  • Complete the disposition portion of the Arrest Report, Form 05.02.00.

  • If the person is to be rebooked as an adult the investigating officer shall obtain a new booking number and complete a new Arrest Report, Form 05.02.00.

  • If the person is rebooked as an adult, the background of the arrestee shall be investigated for possible O.R. considerations, in accordance with existing procedures (4/681.).

709. DEATHS.

709.10 DEATH INVESTIGATION - FOLLOW ‑ UP PROCEDURES.

Natural, Accidental, and Suicide Deaths. Death investigations which reflect a supported classification of "natural," "accidental," or "suicide" shall not routinely require a Follow‑up Report, Form 03.14.00.

Exception: A Follow‑up Report shall be completed as soon as practical when:

  • The facts articulated in the initial Death Investigation Report, Form 03.11.00, do not support the classification; or,

  • Subsequent information significantly alters the original classification; or,

  • The postmortem examination contradicts the classification and cause of death reported on the Death Investigation Report.

Traffic Related Deaths. When a death results from a traffic collision, the investigating officer shall complete a Traffic Collision Status Report, Form 04.16.00, within 60 days following the initial Death Investigation Report. The report shall indicate:

  • The postmortem examination results, and final classification of death; or,

  • That the investigation is continuing and the reason for its continuance.

Undetermined Deaths. The detective responsible for the follow‑up investigation of a death classified as "undetermined" shall, as soon as possible but no later than 60 days after the initial Death Investigation Report, complete a Follow‑up Report indicating:

  • The postmortem examination results, and the final classification and cause of death; or,

  • That the postmortem examination is continuing and a statement as to why the examination and/or the investigation has not been concluded.

Note: When the postmortem examination results cannot be obtained, the detective shall complete an additional Follow‑up Report during each subsequent 90 day period, until the final classification or cause of death can be established. If either the classification or cause of death cannot be determined, the detective shall complete a Follow‑up Report indicating the available results and the reason why a final determination by the Coroner is not possible.

710. HOMICIDES.

710.10 TELEPHONIC NOTIFICATIONS. A telephonic notification reporting the occurrence of a homicide shall be made by the homicide investigating officer as soon as practical after his/her preliminary investigation to the concerned operations bureau office and the Administrative Unit, Detective Support and Vice Division. The following information shall be included:

  • Name of victim.

  • Date and time of occurrence.

  • Location of occurrence.

  • Suspect in custody/outstanding.

  • Cause of death.

  • Motive for homicide (if known).

  • Area of occurrence.

  • Potential for additional problems.

  • Name of reporting officer.

710.11 AUTOPSY NOTIFICATIONS.

Investigating Officer’s Responsibility. The investigating officer responsible for a homicide or death investigation shall ensure that the coroner’s office is provided with a valid contact number(s) for autopsy notification.

Responsibility to Attend an Autopsy. The I/O shall attend a scheduled autopsy when necessary to continue a thorough investigation. When notification is made to someone in the I/O’s chain of command, that person shall ensure that the I/O, or an available alternate (when the I/O is unavailable), attends the autopsy.

710.20 HOMICIDE STATUS REPORTS.

Unsolved Homicides. A progress report on an unsolved homicide shall be submitted by detectives to their commanding officer, within 120 days of case assignment. The report is in lieu of a Follow‑up Report, Form 03.14.00. It shall be on plain white paper and distributed as follows:

  • Original and addenda to the assigned detective.

  • One copy to the detective supervisor.

  • One copy and addenda to the concerned operations bureau.

  • One copy to Robbery‑Homicide Division.

A follow‑up report shall be completed:

  • As soon as possible, when additional information consists of new evidence affecting the cause of death or when the status of the Death Investigation Report, Form 03.11.00, is changed.

  • When any significant subsequent information is reported during the unsolved status of the homicide after an initial homicide progress report has been submitted.

  • At the end of one year from the date of the crime on all unsolved homicides.

  • After the first year as additional information becomes available.

Solved Homicides. When a homicide case is solved, the investigating officer shall submit a Follow‑up Report, Form 03.14.00, containing the following information:

  • Synopsis of the occurrence (who, what, when, where, how).

  • Suspect(s)-Defendant(s).

  • Investigative information positively identifying the suspect(s).

  • M.O. used by the suspect(s).

  • Criminal charges filed and/or warrant information.

  • Postmortem examination information-cause of death.

Crimes or Incidents Reclassified as Criminal Homicides. When a reported crime or incident is reclassified as a criminal homicide, the assigned detective shall:

  • Complete a Investigative Report (IR), Form 03.01.00, for "Murder" when the incident was originally reported on a Death Investigation Report, Form 03.11.00; Injury Report, Form 03.15.00; or Missing Persons Investigation Report, Form 03.16.00; OR,

  • Submit a Follow‑up Report, Form 03.14.00, reclassifying the original IR to "Murder" along with the face sheet of the original IR; AND,

  • Prepare a Death Investigation Report, if not previously completed.

  • If the original report was a Death Investigation Report, the classification shall be changed to "homicide."

All reports shall contain the DR number of the original crime or incident.

Exception: If the original crime has been cleared before the death of the victim occurs, or if the death occurred in a calendar year other than that in which the original report was completed, the subsequent Death Investigation Report, Follow‑up Report, and/or Investigative Report shall be assigned a new DR number.

710.30 MURDER BOOK. Murder Books shall be used exclusively for homicide investigations.

The Forms 03.11.01 through 03.11.07 (5/3.11.1) are to be maintained in the Murder Book when used in a homicide investigation. When the forms are used in other than a homicide investigation, they are to be maintained in the appropriate case folder.

710.40 PROCEDURE TO REVIEW "CLEARED OTHER" MURDER INVESTIGATIONS.

 

DETECTIVE DIVISION HOMICIDE COORDINATOR'S RESPONSIBILITY.  Upon their signed approval of a Follow-Up Investigation, Form 03.14.00, classifying a murder as "Cleared Other," homicide coordinators will ensure that signature blocks of the Detective Commanding Officer (CO), Area CO, and concerned geographic bureau CO are placed on the last page of the Follow-Up Investigation report.

 

Note: Homicide coordinators will only clear the murder investigation via the Consolidated Crime Analysis Database (CCAD) once concurrence for the classification of "Cleared Other" is received from the CO, Robbery-Homicide Division (RHD), or upon final approval from the Chief of Detectives.

 

GEOGRAPHIC DETECTIVE COMMANDING OFFICER'S RESPONSIBILITY.  The concerned Geographic Detective CO will review the "Cleared Other" murder Follow-Up Investigation report to ensure that it properly meets the Detective Operations Manual and the Federal Bureau of Investigation Uniform Crime Reporting Handbook for "Exceptional Clearances."  If it does, the Detective CO will sign his/her approval block, and forward the original report along with an Intradepartmental Correspondence, Form 15.02.00, to the CO, RHD, for review via the concerned bureau CO.

 

ROBBERY-HOMICIDE DIVISION'S RESPONSIBILITY.  Upon receipt of a "Cleared Other" murder Follow-Up Investigation report, the CO, RHD, will assign a lieutenant and senior detective from Homicide Special Section to review the report. The assigned senior detective, RHD, will conduct a review of the murder Follow-Up Investigation report.

 

Concurrence. If concurrence with the "Cleared Other" classification is met, the last page of the Follow-Up Investigation report will be stamped and signed by the CO, RHD, documenting RHD's concurrence. The Follow-Up Investigation report will be forwarded with an Intradepartmental Correspondence to the concerned bureau CO for processing.

 

Non-Concurrence. If RHD does not concur with the "Cleared Other" classification, RHD will meet with the investigating detective. The CO, RHD will generate an Intradepartmental Correspondence, documenting the rationale for non-concurrence and, if appropriate, request additional investigation and/or documented articulation to support the "Cleared Other" classification. The Follow-Up Investigation report will be forwarded with an Intradepartmental Correspondence to the concerned bureau CO for his/her review.

 

Note: These documents should be hand carried between commands.

 

GEOGRAPHIC BUREAU COMMANDING OFFICER'S RESPONSIBILITIES.  The concerned geographic bureau CO will review and approve all "Cleared Other" murder Follow-Up Investigation reports prior to the submission to RHD for review. In addition, the bureau CO will review and process the Follow-up Investigation reports that are received after RHD's review.

 

Note: If the concerned bureau CO disagrees with the findings and/or recommendations of RHD, he/she must submit an Intradepartmental Correspondence outlining his/her rationale to the Chief of Detectives. The final reviewing authority will be the Chief of Detectives.

 

CHIEF OF DETECTIVES RESPONSIBILITY.  The Chief of Detectives will have final reviewing authority for "Cleared Other" murder Follow-Up Investigation reports.

 

711. FAMILY VIOLENCE.

711.05 INVESTIGATIONS INVOLVING FAMILY VIOLENCE. Operations Support Division detectives shall conduct follow-up investigations of all crimes of violence occurring within the family (e.g., domestic violence crime and incident, an assault with a deadly weapon, a battery, etc.).

Exception: Cases of physical or sexual child abuse where the suspect is the parent, stepparent, guardian, or a live-in boyfriend/girlfriend of the child’s parent shall be assigned to the Child Protection Section, Juvenile Division.

Operations Support Division detectives shall conduct investigations to determine if child abuse issues also exist in current cases. If child abuse is discovered, investigators shall take action and follow established reporting procedures. The follow-up investigation shall be conducted according to existing Department procedures.

712. MISSING/FOUND PERSONS.

712.05 INVESTIGATION PRIOR TO REPORTING A MISSING ADULT. Before completing any report regarding a missing adult, the interviewing officer shall attempt to locate the person by telephoning the following:

  • Missing Persons Detail or, when the detail is closed, Detective Support and Vice Division.

  • Mental Evaluation Detail personnel located at the Police Administration Building.

  • Los Angeles County-USC Medical Center.

  • Divisional Records Clerk for traffic collision information.

  • Inmate Reception Center, LA County Jail.

  • County Coroner's Office.

712.10 MISSING/FOUND PERSONS.

Employee's Responsibilities. When any person, resident or non‑resident of Los Angeles, is reported missing, the employee conducting the preliminary investigation shall:

  • Request advice from the Missing Persons Detail, Detective Support and Vice Division:

  • Complete a Missing/Found Persons Investigation, Form 03.16.00, without delay; and,

Note: Parental abductions shall be accepted as missing persons cases.

  • Provide the person reporting a Department of Justice (DOJ) Dental/Skeletal Release Form, SS‑8567; or in the case of a missing juvenile, a DOJ Dental/Skeletal Photograph and Description Release Form (reverse side of SS‑8567); and comply with procedures A‑C.

Note: The California Penal Code requires law enforcement agencies to take missing persons reports (Form 03.16.00) telephonically. However, this should not be done routinely. The reporting person should be requested to make the report at the nearest law enforcement facility unless the reporting person is unable, i.e., disabled.

Exception: With the approval of the Area Juvenile Coordinator, a missing persons report may be taken telephonically when it involves a chronic juvenile runaway or extenuating circumstances are present which would create a severe hardship for the parent or guardian attempting to complete the report. When the Area Juvenile Coordinator is unavailable, approval for completion of the telephonic report shall be obtained from the concerned Juvenile Coordinator's immediate supervisor. When neither the Area Juvenile Coordinator nor the immediate supervisor is available, approval to complete the telephonic report shall be obtained from the concerned Area patrol division watch commander.

The Missing/Found Person Telephone Report, Form 03.16.02, shall only be used by investigative personnel as an interim report while the Missing/Found Persons Investigation, Form 03.16.00, is being processed.

Resident of Los Angeles. If the missing person (juvenile or adult) is a City of Los Angeles resident and was last seen outside the City, the employee completing the Missing/Found Persons Investigation, Form 03.16.00, shall immediately notify the outside agency having jurisdiction of the location where the person was last seen and record the name of the person and agency notified in the narrative portion of the report.

Notwithstanding other provisions the employee entering any missing person information into NCIC shall record the NCIC nine digit entry verification number in the "NCIC #" box on the revised Form 03.16.00.

Non‑Resident of Los Angeles. When any non‑resident of the City of Los Angeles is reported missing, the employee conducting the preliminary investigation shall complete a Missing/Found Persons Investigation, Form 03.16.00, without delay and immediately notify and forward a copy of the report to the outside agency having jurisdiction over the person's residence address and, if applicable, the jurisdiction where the missing person was last seen. The employee shall record the name of each person and agency notified in the narrative portion of the report.

National Crime Information Center (NCIC) information entry. 

 

Officer's Responsibilities.  To ensure that missing person report information is entered into NCIC within a timely manner, officers shall obtain a Division of Records (DR) number within two hours of determining that a Missing/Found Persons Investigation Report, Form 03.16.00, will be completed for any missing person (e.g., juvenile or adult).

 

Note:  The information is entered into NCIC by Area records personnel when the DR number is obtained.

 

If unable to return to the Area station within two hours, officers shall contact the Records Unit of the Area of occurrence and obtain the DR number by telephone.  If the Records Unit of the Area of occurrence is not available, officers shall obtain a DR number from a Records Unit of an Area within the geographic bureau.  If the DR number is obtained by telephone, officers shall document the DR number, the File Control Number, and the NCIC number (all of which will be provided by Area records personnel) on the Missing/Found Persons Investigation Report.

 

Upon returning to the Area station, officers shall obtain and attach the NCIC printout to the Missing/Found Persons Investigation Report.  The completed report, along with the NCIC printout, shall then be submitted to the Area watch commander for approval.

 

Geographic Area Records Personnel Responsibilities.  When obtaining a DR number for a Missing/Found Persons Investigation Report, Area records personnel should note the age of the missing person.  Information regarding any missing person under the age of 21 shall be entered as a juvenile, solely for the purpose of the entry of information into NCIC.  An "A" (adult) shall only be entered in the "REPORT TYPE" field for missing persons age 21 or older.

 

Note:  The investigative procedures and responsibilities for missing persons investigations have not changed.  Although the information for any missing person between the ages of 18 and 20 is entered into NCIC as a juvenile, the missing person investigation shall continue to be the responsibility of the Missing Persons Unit (MPU), Detective Support and Vice Division (DSVD), which is responsible for investigating all missing adults.  Missing juvenile cases shall not be closed and reentered into the Missing and Unidentified Persons System/National Crime Information Center or the Detective Case Tracking System as an adult missing due to the missing juvenile reaching 18 years of age, and shall no longer be transferred to the Missing Persons Unit, Detective Support and Vice Division.  The concerned Area detectives shall retain investigative responsibility for all missing juvenile cases, even after the missing juvenile reaches 18 years of age.  The case shall not be closed or cancelled until the missing juvenile/person has been found.

 

Child Abduction and/or Missing Child-Investigating.   As a reminder, it is Department policy to accept all missing and child abduction reports. The California Penal Code (PC) Sections dealing with child abductions are listed as follows:

  • Legal Definitions, 277 PC;

  • Abduction Without Right of Custody, 278 PC;

  • Abduction by One Parent Against the Other Parent, 278.5 PC;

  • Prevention of Unlawful Flight and Return of an Abducted Child,

  • 279.6 PC; and,

  • Jurisdictional Issues, 279 PC/784.5 PC.

The procedures for using the Emergency School Notification Missing or Abducted Child Alert Form, are specifically described in CEC 49068.6(a) which reads:

 

"Any law enforcement agency responsible for the investigation of a missing child shall inform the school district, other local educational agency, or private school, in which the child is enrolled, that the child is missing.  The notice shall be in writing, shall include a photograph of the child if a photograph is available, and shall be given within 10 days of the child's disappearance." 

 

The school is further required to place the notification form   in front of each child’s school attendance record when reported missing.

 

Officer's Responsibilities.  Officers investigating a child abduction and/or missing child investigation shall:

 

·         Ensure that the missing juvenile investigation is not separated from the child abduction investigation.  The Major Assault Crimes investigator shall maintain control of the entire child abduction and missing child investigation;

·         Notify the school within ten days of the child’s disappearance by completing the Emergency Notification Missing or Abducted Child Alert Form, and when available, attach a current photograph of the child.  When time allows, the notification should be made in person when school personnel can be properly instructed on the notification process.  When the child is located, the investigating officer shall notify the child’s school and cause the immediate removal of the Emergency Notification Missing or Abducted Child Alert Form from the school attendance record;

 

       Note: Pursuant to CEC 49068.6(a), the school is required to notify the reporting law enforcement agency when they receive a record inquiry or request from any person or

       entity for the missing child.

 

·         Contact the reporting party to determine if further investigation is warranted;

·         Ensure that the missing person information is removed from NCIC when a disposition is made on the missing child investigation;

·         In cases where the Department of Justice (DOJ) has been notified of the missing child investigation and a disposition is made, DOJ shall be advised of the disposition within 24 hours; and,

·         The Emergency School Notification Missing or Abducted Child Alert Form, shall be maintained in the Detective Case Package.

Juvenile or ‘At Risk’ Missing Person. When the missing person is a juvenile under 16 years of age or any person, regardless of age, who is considered "At Risk," the employee receiving the report shall:

  • Cause a police unit to be dispatched;

  • Cause a Citywide crime broadcast to be made;

  • Complete a Missing/Found Person Investigation, Form 03.16.00, without delay;

  • Secure recent photo of missing person;

  • Obtain a DR number from the Area Records Unit; and,

  • Request a supervisor.

Note: "At Risk" includes but is not limited to a missing person regardless of age that is the victim of foul play or a crime; is in need of medical attention; has not demonstrated a pattern of running away; is the victim of parental abduction; or is mentally impaired.

The employee conducting the preliminary investigation shall be responsible for the disposition of the call unless specifically relieved by his/her watch commander.

Supervisor's Responsibilities. Supervisors assigned to a Missing Juvenile incident shall consider the following:

Immediate Search. Supervisors shall ensure an immediate search of the premises and surrounding neighborhood is made when a missing juvenile is under the age of 12 years or when other circumstances indicate the necessity of a search. Supervisors shall determine the necessity of a search when a juvenile is at least 12 years old, but under the age of 16.

Large Scale Search. When circumstances indicate the need for an immediate, large scale, organized search for a missing juvenile, the supervisor shall ensure the watch commander of the responsible Area is notified.

Detailed Log. Supervisors shall ensure a detailed log of police activities be maintained by the field unit assigned the call whenever the juvenile is under the age of 16 years, or when other circumstances indicate the necessity for its completion.

Watch Commander's Responsibilities. The watch commander, Area of occurrence, shall decide how often missing juvenile broadcasts shall be made over police radios and shall cause Communications Division to be notified.

When notified by a supervisor of the need for a large-scale search, the watch commander shall notify the:

  • Area Commanding Officer;

  • Watch supervisor, Department Command Post, Real-Time Analysis and Critical Response Division (RACR); and,

  • Concerned geographic investigative division.

The watch commander, Area of occurrence, shall ensure that the reported information is transmitted by Area records personnel to the National Crime Information Center (NCIC) Missing Person System and the California Department of Justice (DOJ) within two hours of determining that a Missing/Found Persons Investigation Report will be completed and that the information for missing persons under the age of 21 is entered as a juvenile.

The Specialized Report Distribution Unit, Records and Identification Division, shall, following the acceptance of the report, transmit the report information to NCIC on persons under 21 years of age and persons "At Risk" when Area computer facilities are not in operation.

Investigating Officer's Responsibilities. Officers conducting a missing person investigation shall:

  • Upon receipt of a Missing/Found Persons Investigation, Form 03.16.00, contact the reporting party to determine if further investigation is warranted;

  • Contact the involved outside agencies, if any, to determine investigative responsibility; and,

  • Ensure that the missing person information is removed from NCIC when a disposition is made on the missing person investigation, and in those cases where DOJ has been notified, advise DOJ of the disposition within 24 hours.

Dental/Skeletal Records-Juvenile Under 16. When an officer assigned a missing juvenile investigation determines that the juvenile is missing under suspicious circumstances, or when a juvenile under 16 years of age is missing at least l4 days, the officer shall:

  • Instruct the concerned family member to obtain the dental/skeletal records and a recent photograph of the missing juvenile and return them immediately to the officer; and,

  • Immediately confer with the coroner and submit the report, along with the dental/skeletal x‑rays, photograph, and the signed DOJ release form to DOJ within 24 hours.

Dental/Skeletal Records-Adults and Juveniles 16 or Older. When an adult or juvenile 16 years of age or older is still missing after 30 days, the concerned officer shall instruct the reporting party to obtain the skeletal/dental records and return them to the officer within 10 days. If the person is still missing after 45 days, the records shall be forwarded to DOJ.

Forwarding of Dental/Skeletal Records. When the missing person's dental/skeletal records and photograph have been obtained, the investigating officer shall so indicate on the Missing/Found Persons Investigation, Form 03.16.00, and forward a copy of the Form 03.16.00 and the original of the dental/skeletal records and the photograph within 24 hours to:

     Department of Justice

Bureau of Criminal Statistics and Special Services

Missing/Unidentified Persons System

Post Office Box 903417

Sacramento, CA 94203‑4170

The concerned officer shall also maintain the following forms in the detective's case package:

  • Declaration for Release of Dental Records, Temporary No. 209, if completed; and,

  • Department of Justice Dental/skeletal Release Form, SS‑8567; or

In the case of a missing juvenile:

  • Department of Justice Dental/Skeletal Photograph and Description Release Form (reverse side of SS‑8567).

Detective Support and Vice Division's Responsibility. Detective Support and Vice Division shall be responsible for completing the appropriate notifications when advised by an outside agency that a resident of the City of Los Angeles has been reported missing.

712.20 GUIDELINES FOR INITIATION OF AN AMBER ALERT.

 

An Amber Alert shall be requested on a Child Abduction Regional Emergency/Amber Alert form as soon as verified child abduction or kidnapping has occurred.  A Child Abduction

Regional Emergency/Amber Alert form shall be completed with the approval of the Area detective supervisor, or the Detective Division watch commander in the detective supervisor’s

absence, when all of the following conditions apply:

 

·         A confirmed abduction has occurred;

·         The victim is 17 years of age or younger, or suffers from a confirmed mental or physical disability;

·         The victim is reasonably believed to be in imminent danger of serious bodily injury or death; and,

·         There is sufficient information available that, if disseminated to the general public, could assist in the safe recovery of the victim.

 

Note:  An Amber Alert is not intended for cases  involving runaways, missing children in which there is no evidence of foul play, or custody disputes that are not reasonably believed to be endangering the life or physical health of a child.

 

As soon as there is sufficient information for an Amber Alert, the assigned investigator shall immediately contact RACR Division.  The assigned investigator shall request an AMBER Alert through RACR Division at (213) 484-6700.

 

The assigned investigator shall contact Communications Division at (213) 978-6552 and request that an Amber Alert be broadcasted every hour.  The Watch Commander, Communications Division, shall ensure that the hourly broadcasts are made.

 

The completed Child Abduction Regional Emergency/Amber Alert form with the Amber Alert check box marked shall be forwarded to MRS via fax or e-mail at wwwpress@lapd.lacity.org.  During off hours, the person responsible for requesting the Amber Alert shall contact RACR Division, which shall notify the on-call MRS officer.

 

Media Relations Section personnel shall prepare a press release based on the information articulated on the Child Abduction Regional Emergency/Amber Alert form and disseminate the release to the appropriate news wire services and media outlets.

 

After a request for an Amber Alert has been made, the Area detective supervisor, or Detective Division watch commander in the detective supervisor’s absence, shall notify Robbery Section, RHD, of the request.  During off-hours, the responsible detective personnel shall contact RACR Division.

 

Upon obtaining additional follow-up information, or in the event the abducted child is located, the Area detective supervisor or Detective Division watch commander in the detective supervisor’s absence, shall contact RACR Division, RHD, Communications Division and MRS to advise them that the child has been located. 

 

Note:  The Amber Alert system does not replace current reporting procedures as required by California Penal Code Section 14205 relative to the Missing Unidentified Persons System and Department Manual Section 4/712.10, Missing/Found Persons.

 

712.30 FOUND/UNIDENTIFIED PERSONS.

Employee’s Responsibility. Any Department employee receiving information concerning a found/unidentified person who cannot be reunited with family or friends during the preliminary investigation, shall:

  • Request advice from the Missing Persons Unit, Detective Support and Vice Division;

  • Complete a Found/Missing Persons Investigation, Form 03.16.00; and,

  • Ensure that the disposition of the individual is noted in the narrative of the report.

Investigating Officer’s Responsibility. An officer receiving a Found/Unidentified Persons Report shall, in addition to established Procedures, ensure that the appropriate information is entered into the Unidentified Persons File, NCIC.

Note: NCIC routinely completes a cross‑search between the Unidentified Persons File and the Missing Persons File in an effort to locate missing persons.

712.35 FOUND ADULTS - SHELTER. When a lost adult is taken into protective custody and a release to a relative or other responsible person cannot be effected immediately, Detective Support and Vice Division personnel located at the Mental Evaluation Detail shall attempt to identify and place the lost adult. If such attempt is unsuccessful and the lost adult qualifies under Section 5150 W.I.C., Detective Support and Vice Division personnel shall complete five copies of the Request for Psychopathic Examination, Form 05.04.00, and four copies of the County form, Application for Emergency Admission. The lost adult shall then be transported to Los Angeles County‑USC Medical Center with the second and third copies of the Form 05.04.00 and all copies of the County form.

715. FUGITIVES.

715.05 FUGITIVE - DEFINED. A fugitive is a person wanted by a jurisdiction other than this Department.

715.10 FUGITIVE ARRESTED ON A LOCAL CHARGE. When a fugitive is in custody on a local felony or misdemeanor charge or warrant, the fugitive charge shall be placed supplementary (4/646.10).

715.40 BOOKING ON FUGITIVE "WANT" - NOTIFICATION. (4/606.07).

715.70 HANDLING OF LOCAL AND FUGITIVE CHARGES. When it is ascertained that a person booked on a fugitive charge has a local felony or misdemeanor want or warrant, the local charge shall be placed supplementary.

Notification shall be made to the Fugitive Warrants Section, Detective Support and Vice Division, by:

  • The Criminal Records Unit, Records and Identification Division, when the supplemental booking is on a warrant.

  • The concerned investigating officer, when the supplemental booking is on a felony want.

Local charges against a fugitive shall be disposed of prior to releasing a fugitive to a demanding jurisdiction.

Exception: When it appears that separate prosecutions of a local and a fugitive charge may be prohibited by Section 654 P.C. (Multiple Prosecutions), all charges shall be presented to the local prosecutor, who will determine jurisdictional responsibility.

716. NOTIFICATIONS.

716.10 EXTRADITION OR INVESTIGATION. Prior to leaving Los Angeles County on an extradition or an investigation, notification shall be made to Detective Support and Vice Division giving the:

  • Name and division of the officer leaving the County.

  • Nature of the trip.

  • Destination.

  • Intended date of departure from Los Angeles.

  • Departing officer's supervisor approving the trip.

716.11 VICE OR NARCOTICS INVESTIGATIONS ON STATE UNIVERSITY CAMPUSES. Investigating officers shall, as soon as practicable, notify their Area/division commanding officers when a narcotics or vice investigation occurs or is anticipated on a state university campus. When notified of narcotics or vice investigations on a state university campus, Area/division commanding officers shall review the circumstances and, if appropriate, notify the concerned university of the investigation.

716.60 CONTACTING THE DEPARTMENT, WHILE ABSENT FROM THE COUNTY. When necessary, an officer out of the County on an extradition or an investigation may contact this Department by:

  • Placing a telephone call to the officer's division of assignment.

  • Directing a teletype or a collect wire to the Office of the Chief of Police, Attention: (officer's division of assignment).

An officer out of the County for an extended period of time shall contact the division of assignment at least once a week or as the officer's commanding officer directs.

720. COMPLAINTS.

720.10 ARRESTEE CHARGED WITH BOTH MISDEMEANOR AND FELONY. When the arrestee is charged with both a felony and misdemeanor offense, the arrestee shall not be arraigned on the misdemeanor charge prior to the completion of the felony investigation by the concerned investigating officer.

720.20 REPORTS NECESSARY FOR FELONY COMPLAINT. When requesting a felony filing with the District Attorney's Office, the following number of copies of all concerned police reports shall be presented:

In‑Custody Filings. Three copies of all concerned police reports.

Not‑in‑Custody Filings. Four copies of all concerned police reports, plus one additional copy for each co‑defendant.

720.25 REPORTS NECESSARY FOR MISDEMEANOR COMPLAINT. When requesting a misdemeanor complaint, the City Attorney's Office shall be presented with three copies of all police reports concerning the case in question.

720.30 SECURING COMPLAINT FROM A FELONY BOOKING.

Prima Facie Evidence of Felony. When an Arrest Report, Form 05.02.00, of an adult felony arrestee contains prima facie evidence of a felony, the results of the investigation will normally be presented to the District Attorney's Office.

Incomplete Prima Facie Evidence of Felony. When an arrest report of a felony arrestee contains a portion of the element of a felony, but investigation indicates that the remaining elements can be established, the investigating officer shall:

  • Prepare a Follow‑Up Report, Form 03.14.00, containing the necessary elements of the felony if requested by the District Attorney's Office.

  • Apply to the District Attorney's Office for a felony complaint.

Prima Facie Evidence of Misdemeanor. When investigation fails to establish prima facie evidence of the commission of a felony by a felony arrestee but does establish prima facie evidence of the commission of a misdemeanor, the investigating officer shall:

  • Obtain a felony complaint rejection approval from his/her watch commander or Section OIC.

  • Apply to the City Attorney for a misdemeanor complaint.

  • Complete the "Additional Action" portion of the Form 05.10.00, indicating approval for a bypass referral to the City Attorney. Deliver a copy of the Form 05.10.00 to the City Attorney, along with the related reports.

Rejection Of Complaint. If the District Attorney's Office does not issue a complaint, the investigating officer shall secure a written "Rejection of Complaint" signed by the District Attorney or one of his/her deputies. If the investigation indicates that a misdemeanor complaint should be applied for, the investigating officer shall submit a copy of the "Rejection of Complaint" to the City Attorney together with the other reports necessary to obtain the complaint.

Note: The investigating officer shall affix his/her signature to the original of the completed "Rejection of Complaint" in the space provided.

An officer shall not affix his/her signature to any other statement, written or printed, which purports to validate the rejection of a complaint or concurs with the reasons for non-issuance of a complaint.

Prior to forwarding the "Rejection of Complaint" to Records and Identification Division, the investigating officer shall cause to be entered in the upper right‑hand corner of all copies:

  • The LA number, in the case of an ARRESTEE or a SUSPECT WITH AN ARREST RECORD IN RECORDS AND IDENTIFICATION DIVISION; AND,

  • Forward the original copy of the "Rejection of Complaint" to Criminal Records Section, Records and Identification Division; OR,

  • The related DR number of earliest issuance, in the case of a SUSPECT WHO HAS NEVER BEEN BOOKED BY THIS DEPARTMENT; AND,

  • When appropriate, attach the original of the completed Follow‑up Report, Form 03.14.00, to the original of the "Rejection of Complaint" and forward to the Crime and Miscellaneous Report Section, Records and Identification Division.

720.32 FELONY ARREST REPORT USED FOR MISDEMEANOR COMPLAINT. When the felony arrest report is used to obtain a misdemeanor complaint, the investigating officer shall include, with the report, information of the prior record of the arrestee or a notation, "No prior record."

720.35 INCOMPLETE PRIMA FACIE EVIDENCE OF A CRIME. When an Arrest Report, Form 05.02.00, contains the elements of a crime but the investigating officer is unable to fully substantiate these elements, the investigating officer shall:

  • Obtain a felony complaint rejection approval from his/her watch commander.

  • Release the arrestee.

Note: In cases where the victim refuses to prosecute and his/her testimony is essential in substantiating the elements of the crime, a defendant may be released from custody and the case closed without a complaint being sought, unless:

  • The injury to the victim is of a serious nature and is likely to result in death or disablement; or,

  • A firearm was used in the commission of the crime; or,

  • There is a strong likelihood of future crimes being committed by the defendant against the victim; or,

  • The defendant is on probation or parole; or,

  • There are other crimes for which the defendant could be prosecuted without the testimony of the victim.

720.36 17(b)4 P.C. REFERRALS TO THE CITY ATTORNEY'S OFFICE.  Due to procedural changes implemented by the new Inter-Agency Operational Agreement between the Office of the Los Angeles County District Attorney (DA), the Office of the Los Angeles City Attorney (CA), and the Los Angeles County Prosecutors Association, the aforementioned entities have developed new guidelines for Penal Code (PC) Section 17(b)(4) referrals outlined in the Inter-Agency Operational Agreement, 17(b)(4) PC Referrals, Schedule I Under the agreement, the 17(b)(4) PC bypass cases listed on Schedule I also known as "wobblers," shall be referred directly to the CA for filing, provided they meet the criteria listed on the schedule. All other wobblers not listed on the schedule shall be reviewed by the DA and accompanied by a Los Angeles County District Attorney Charge Evaluation Worksheet (CEW) when being presented to the CA for filing consideration. The CEW is informally referred to as a "blue sheet" or a "reject" form. Unless otherwise defined in Schedule I of this agreement, any wobblers presented for review by a filing investigator to a CA or a City prosecutor without a CEW from the DA's Office will be immediately referred to the     DA 's Office for felony filing consideration.

 

Note: Felony/misdemeanor offenses that do not meet all the criteria described in the Inter-Agency Operational Agreement, 17(b)(4) PC Referrals, Schedule I, shall go directly to the DA's office for felony filing consideration.

 

Wobbler cases involving allegations of police misconduct shall be immediately forwarded by the investigating law enforcement agency to the DA’s Office.

720.38 ARRAIGNING FELONY ARRESTEE ON A MISDEMEANOR. When a misdemeanor complaint is issued against an in custody arrestee booked on a related felony charge, the investigating officer shall:

  • If the arrestee is in custody, have the arrestee immediately rebooked on the misdemeanor complaint, and have him/her arraigned without delay;

  • If not immediately arraigned, instruct the detention officer to transfer the arrestee for arraignment on the reduced charge at the next transportation session;

Note: The prisoner may only be transferred by the Los Angeles Sheriff’s Department transportation if it will enable arraignment within the lawfully prescribed time period.

If the arrestee is a female, cause a Change of Arrest Status notification to be directed to Records and Identification Division, and also to Valley Jail Section, 77th Street Regional Jail or Twin Towers, whichever pertains to her custody;

Provide to the detention officer the Investigator’s Final Report, Form 05.10.00, indicating that a misdemeanor filing has in fact been accepted by the court and instruct the detention officer to rebook per 17B4 P.C.; and,

Absent the actual filing of a misdemeanor complaint on the arrestee, deliver the Investigator’s Final Report, Form 05.10.00, to the detention officer who will handle the request as “Transportation Request” only.

720.40 RELEASING OR ARRAIGNING FELONY ARRESTEE ON A MARIJUANA POSSESSION CHARGE. If, after normal complaint filing procedures have been followed, the booking offense is rejected both as a felony and as a misdemeanor, but the charge of marijuana possession (11357b H&S) is filed, the concerned detective shall release the prisoner on his/her own recognizance or cause the O.R. Release to be accomplished by the detention officer in the confinement facility.

Note: In the event an arrestee in custody is to be released, but refuses to sign the promise to appear portion of the release form, he/she shall be arraigned on the marijuana possession offense within 48 hours, exclusive of Saturdays, Sundays and Holidays, following the time of arrest.

720.50 ARRESTEE ARMED. When obtaining a felony complaint, the District Attorney shall be notified if:

  • The arrestee was armed at the time of the commission of the offense.

  • The arrestee was armed at the time of his/her arrest.

720.55 OBTAINING COMPLAINTS - CHARGE BASED ON PRIOR FELONY CONVICTION. When a complaint is requested and a prior felony conviction is alleged, the investigating officer shall deliver a copy of the arrestee's Bureau of Identification arrest record to the Prior Unit, District Attorney's Office.

At the arraignment, the arraigning officer shall request the full‑time interval before the preliminary hearing in order that proof of the prior conviction may be obtained.

720.60 OBTAINING COMPLAINTS - CHARGE BASED ON PRIOR MISDEMEANOR CONVICTION. When a complaint is to be requested and a prior misdemeanor conviction is to be alleged, the investigating officer shall:

  • Ascertain where the arrestee served the sentence for the prior conviction.

  • Request certified copies of both the concerned court docket and the order of commitment from the court having jurisdiction for the prior trial.

Prior Served at City Jail. When a complaint is requested alleging a prior conviction, and the sentence for the prior conviction was served at the Los Angeles City Jail, the investigating officer shall:

  • Ascertain whether the arrestee's fingerprints are on the Records and Identification Division copy of the certification of commitment for the alleged prior. When the arrestee's fingerprints are on the certification, the investigating officer shall request a certified copy of the commitment record.

  • When the arrestee's fingerprints are not on the certification of commitment, the investigating officer shall request from Records and Identification Division a certified copy of the Booking Identification page of the Form 05.01.00 completed for the arrest which resulted in the prior conviction and shall cause the officer who fingerprinted the arrestee at the time of booking to be subpoenaed.

Prior Served at County Jail. When a complaint is requested alleging a prior conviction, and the sentence for the prior conviction was served at the County Jail subsequent to July, 1964, the investigating officer shall notify the Commander, Sheriff's Fingerprint Section, by telephone. The notification shall include:

  • The arrestee's name, LASD number, and CII number;

  • The location of the arrestee, if in custody; and,

  • The approximate date the arrestee was sentenced for the prior conviction.

If the release for the prior conviction occurred before July, 1964, the investigating officer shall teletype the Bureau of Identification and request a certified copy of the LASD fingerprint card taken at the time of commitment for the prior conviction (4/170.55).

Prior Served in Other Than Los Angeles City or County Jail. At the arraignment, if the sentence for the prior conviction was served outside of Los Angeles County, the arraigning officer shall request the full‑time interval before the preliminary hearing in order that proof of the prior conviction may be obtained.

Notification to Latent Print Section. When a complaint is being requested and a prior conviction is alleged, the investigating officer shall notify the Latent Print Section, Scientific Investigation Division. When practical, the arrestee shall be brought to the Latent Print Section for fingerprint comparisons.

720.70 FELONY VICE COMPLAINTS. Felony vice complaints, except for forcible 286 and 288a P.C., shall be obtained as follows:

Metropolitan Area. Vice Division shall be responsible for obtaining felony vice complaints in the metropolitan area (2/490.45).

Exception: The vice unit of the Area making the arrest shall be responsible for obtaining the complaint for violations of 266 through 266i P.C.

Outlying Area. The vice unit of the Area making the arrest shall be responsible for obtaining felony vice complaints.

Forcible 286 and 288a P.C. In cases of forcible 286 and 288(a) P.C., the detective division in the Area of occurrence shall be responsible for obtaining the complaint.

720.75 MISDEMEANOR VICE COMPLAINTS. Misdemeanor vice complaints against arrestees shall be obtained as follows:

Metropolitan Area. Los Angeles City Attorney’s Liaison Unit, Detective Support and Vice Division, shall be responsible for obtaining misdemeanor vice complaints against arrestees booked in the metropolitan area, including female arrestees booked at Los Angeles County Jail.

Valley Area. The Complaint Detail, Valley Court Liaison Section, shall be responsible for obtaining misdemeanor vice complaints against all arrestees booked within Operations‑Valley Bureau (2/530.05).

West Los Angeles and Pacific Areas. West Los Angeles Court Liaison Section shall be responsible for obtaining misdemeanor vice complaints against arrestees booked at Valley Jail Section but arrested in Pacific or West Los Angeles Areas.

Harbor Area. Harbor Area shall be responsible for obtaining misdemeanor vice complaints against all arrestees booked in Harbor Area, including females arrested in 77th Street Area and booked at Harbor Division Jail.

Complaint Against Person Not in Custody. The vice unit of the Area of occurrence shall be responsible for obtaining the misdemeanor vice complaint against a suspect, not in custody, who is named in a misdemeanor vice crime report or application for a complaint.

720.78 VICE COMPLAINTS-INVESTIGATIONS CONDUCTED BY VICE DIVISION. Vice Division shall be responsible for the follow‑up investigation, including obtaining the complaint, regardless of geographic Area boundaries, when they initiate a crime report, initiate an investigation, or conduct the follow‑up investigation at the request of another Area.

720.79 ABATEMENT AND CONDITIONAL USE PERMIT REVIEW PROCESS.

Abatement Process. Abatement is a general term used to describe an action(s) taken by the Office of the City Attorney to control a commercial or non-commercial location which is a public nuisance. In that process, general nuisance is defined as a significant problem which adversely affects the quality of life for a neighborhood(s) within the City of Los Angeles. Generally, the purpose of an abatement is to correct the problem causing the nuisance through a variety of means such as obtaining voluntary compliance, obtaining an injunction which prohibits the nuisance activity from occurring, or as a last resort, seizing a location.

Conditional Use Permit Process. The Department of City Planning initially issues a Conditional Use Permit (CUP) to a business or commercial location specified under Section 12.24 of the Los Angeles Municipal Code (LAMC) to prevent any public nuisance from occurring. Generally, businesses required to obtain a CUP include pawn shops, motels, recycling centers, certain adult entertainment locations, and businesses which sell alcoholic beverages.

When a CUP is being initiated, the Department of City Planning advises the concerned Area commanding officer that a CUP hearing will be conducted. The Area commanding officer shall determine if the business in question may adversely affect the community and if Department attendance at the hearing is required. If attendance is required at the hearing, the Area commanding officer shall ensure the appropriate personnel appear and provide testimony to assist the Department of City Planning in its decision to issue or deny the permit. Information such as a Consolidated Crime Analysis Database (CCAD) report with supporting documentation, crime statistics, Vice investigations, calls for services at the location, and/or community concerns may be submitted to support his/her testimony.

In providing a Department response, a commanding officer may also suggest conditions for the initial CUP. Generally, these suggested conditions shall conform with conditions established by the Commanding Officer, Vice Division, who is the Department’s CUP Coordinator. Should a particular location require an extraordinary condition(s), prior approval shall be obtained from the Commanding Officer, Vice Division.

Conditional Use Permit Review And Nuisance Abatement Revocation Action. The Department of City Planning, through its Office of Zoning Administration, has the authority to review an existing CUP containing preventative “conditions” on a regulated business. The Department of City Planning may also revoke an existing CUP, require a formerly unregulated business to obtain a CUP, or impose corrective conditions on an existing CUP when a business is causing an ongoing public nuisance. The primary purpose of a CUP review is to prevent or eradicate activity from creating a nuisance, rather than closing the subject location. In the instance where a nuisance location does not fall under Section 12.24 of the LAMC, the Department of City Planning, Office of Zoning Administration, may initiate a nuisance abatement revocation action against the property.

Note: When a modification or revocation is required for a preexisting CUP or when a CUP does not exist, but a nuisance abatement revocation action is appropriate, employees shall follow the approval process and procedure delineated in the remainder of this Section. However, the procedure delineated in the remainder of this Section does not apply to the initial CUP issuance process.

Initial/Preliminary Public Nuisance Determination. Department personnel who become aware of a public nuisance location shall bring it to the attention of an immediate supervisor. That supervisor shall ensure that a Citywide Nuisance Abatement Problem Property Referral, Form 03.19.01, is completed and forwarded to the Area commanding officer responsible for the location. The Area commanding officer shall evaluate the situation and determine if the location requires the initiation of a preliminary investigation based upon the following criteria:

  • The location is an ongoing problem;

  • The owner/lessee is aware of the problem and is unable or unwilling to cooperate in solving the problem; and,

  • Standard law enforcement efforts have proven to be unsuccessful in solving the problem.

Preliminary Investigative Entity. When the Area commanding officer determines that a location meets the criteria for a preliminary investigation, the investigating officer shall complete an Abatement Package consisting of the original Form 03.19.01, and a historical profile of the nuisance location. The historical profile shall include:

  • Written documentation such as complaints from the community, elected officials, or other enforcement agencies, and any previous correspondence with the owner/lessee of the nuisance location;

  • Consolidated Crime Analysis Database (CCAD) Report for the preceding two years;

Note: The investigating officers shall work with Gang and Narcotics Division for abatements or Vice Division for CUPs or nuisance abatement revocations to determine the scope of the CCAD run. In most cases, it must be limited to the exact location. However, in some circumstances, a larger area such as the whole block may be more appropriate.

  • A copy of any crime, arrest, or other police reports within a minimum of the two preceding years that reflect the relationship between the location and the ongoing nuisance activity;

  • A report from the Project Unit, Communications Division, documenting the number and type of calls for service that have occurred at the location for the past two years. The request for this report shall be made on an Intradepartmental Correspondence, Form 15.02.00;

  • Any additional pertinent documentation such as a Sergeant’s Daily Report, Form 15.48.00, which will assist in the review process; and,

Note: Any information on a Sergeant’s Daily Report, Form 15.48.00, which is unrelated to the location, shall be redacted from the copy placed in the package.

If the location is a business or commercial location, also obtain the following:

  • Certificate of Occupancy for the location; and,

  • Conditional Use Permit/variance, if one exists;

  • Submit the Citywide Nuisance Abatement Program Property Referral with supporting documentation via the chain of command to the Commanding Officer, Area Detective Division, for review, completeness, and accuracy.

Area Commanding Officer Responsibility.

Preliminary Investigation. Upon receiving the preliminary investigation, the concerned Area commanding officer shall review the package for completeness and accuracy. If it is determined that the matter should be pursued further, the Area commanding officer shall:

  • Include any additional pertinent documentation such as a Sergeant’s Daily Report, Form 15.48.00, which will assist in the review process.

  • Retain a copy of the Form 03.19.01, and the historical package at the Area vice unit.

Approved Abatement Package. After receiving the approved abatement package from the Bureau Abatement Coordinator (BAC), the Area commanding officer shall:

  • Ensure that the investigating officer conducts a thorough investigation into the abatement, Conditional Use Permit review, or nuisance abatement revocation review process;

  • Ensure that the investigating officer completes a 90-day follow-up and closeout using Form 03.19.01, and that copies are forwarded to the BAC; and,

  • Ensure that a Department representative attends all relevant hearing(s).

Bureau Abatement Coordinator Responsibility. Upon receipt of the abatement package from the Area commanding officer, the BAC shall review the package for accuracy and content ensuring that the required documents are included and the elements necessary to initiate an abatement have been completed. If the package is complete and the required elements have been met, the BAC shall forward the abatement package to the following entities in the following sequence:

  • The Citywide Nuisance Abatement Program (CNAP) Administrative Coordinator to obtain a CNAP Control Number;

  • The Commanding Officer, Vice Division , for abatements involving vice nuisances, or the Commanding Officer, Field Enforcement Section (FES), Gang and Narcotics Division (GND), for abatements involving narcotic nuisances; and,

  • The Director of the Citywide Nuisance Abatement Program (CNAP), who will make the final recommendation whether to approve, reject or refer the package to another agency for further investigation.

After approval or denial of the request, the BAC shall return the package to the Area commanding officer.

Additionally, the BAC shall:

  • Forward a copy of the Form 03.19.01, to the Department Abatement Coordinator, Commanding Officer, Vice Division ; and,

  • Maintain a file of all ongoing abatements affecting the bureau.

Nuisance Abatement and Conditional Use Permit Coordinator Responsibility. The Commanding Officer, Vice Division, is the Department Nuisance Abatement/CUP Coordinator and shall:

  • Monitor all requests for nuisance or narcotic abatements; and,

Note: This is accomplished when BACs forward copies of Forms 03.19.01, with CNAP Control Numbers to the Commanding Officer, Vice Division.

  • Maintain copies of Forms 03.19.01, with a CNAP Control Number for abatements initiated by the Narcotics Abatement Unit and Vice Division.

Citywide Nuisance Abatement Program, Narcotic Division’s Responsibility. The Citywide Nuisance Abatement Unit, Narcotic Division, shall:

  • Advise and train Department employees on narcotics abatements;

  • When specific expertise is required for an abatement, assume responsibility for the investigation; and,

  • Forward copies of all Forms 03.19.01, initiated by Gang and Narcotics Division to the Commanding Officer, Vice Division and a copy to the applicable BAC.

Commanding Officer, Field Enforcement Section, Gang and Narcotics Division Responsibility. The Commanding Officer, FES, ND, is responsible for approving and disapproving requests for a formal narcotic abatement and shall:

  • For a disapproval, sign and return the abatement package to the Area commanding officer via the BAC, indicating the reason(s) for the disapproval; or,

  • For an approval, sign and return the abatement package to the Area commanding officer via the BAC.

Commanding Officer, Vice Division’s, Responsibility. The Commanding Officer, Vice Division, is responsible for approving and disapproving requests for a formal abatement or Conditional Use Permit review process and shall:

For a disapproval, sign and return the abatement package to the Area commanding officer via the BAC, indicating the reason(s) for the disapproval; or,

For an approval, sign and return the abatement package to the Area commanding officer via the BAC.

Vice Division Responsibility. The Community Problems Unit, Vice Division, shall:

  • Advise and train Department employees and business groups on CUP reviews and nuisance abatements;

  • When specific expertise is required for an abatement, assume responsibility for the investigation; and,

  • Forward copies of all Forms 03.19.01, initiated by Vice Division to the Commanding Officer, Department Abatement and Conditional Use Permit Coordinator, and a copy to the applicable BAC.

Note: Vice Division shall be exempt from forwarding abatement packages initiated by the unit to the BAC.

Vice Investigations that Result in Abatement Action. When a vice condition reported on a Vice Report, Form 03.18.00, results in the initiation of an abatement proceeding, the investigating officer shall:

  • Using the follow-up format (Form 03.18.00), close the case using the “Other” justification category, and ensure the “Reason for Continuance” heading indicates the case is “Closed Pending Abatement”;

  • Complete a follow-up Form 03.18.00 each quarter (from the date of the initial proceeding) and summarize the status of the abatement proceedings for that period until the case has concluded; and,

  • Upon the conclusion of the abatement proceedings, complete a closeout 3.18 report (follow-up), summarizing the final results of the abatement.

720.80 COMPLAINT ISSUED AGAINST ARMED FORCES PERSONNEL - NOTIFICATION. When a complaint has been issued against a member of the Armed Forces, the concerned investigating officer shall make a telephonic notification to the Department Command Post, Real-Time Analysis and Critical Response Division (RACR). This notification shall include the charge, date of trial, and the court division where the trial or hearing is to be held.

721.  GANG ENHANCEMENT PROCEDURES AND GANG HISTORY BOOKS.

721.10  APPLICABLE GANG ENFORCEMENT STATUTES.  The following Penal Code sections are applicable when seeking gang enhancements in felony cases.  The gang enhancements in the PC Sections can add two, three, or four years to any felony, five years to any serious felony and 10 years to any violent felony.

A.  Penal Code Section 186.22(b)(1).  This Section may be used as an enhancement for any gang-related felony.  All that is required is that the felony be committed for the benefit of, at the direction of, or in association with a criminal street gang and that the defendant specifically intends to promote, further, or assist in any criminal conduct by gang members.  This should be the first option for gang enhancements in felony cases.

B.  Penal Code Section 186.22(b)(4).  This Section enhances certain felonies, making them life sentence crimes.  Application of this Section can result in a sentence of seven years to life for gang extortion and witness intimidation.  It can also result in a sentence of 15 years to life for a gang home invasion robbery, carjacking, shooting at an occupied vehicle or building, and discharging a firearm from a vehicle resulting in great bodily injury or death.  Again, it is required that the felony be committed for the benefit of, at the direction of, or in association with a criminal street gang and that the defendant specifically intends to promote, further, or assist in any criminal conduct by gang members.

C.  Penal Code Section 186.22(d).  This Section makes a misdemeanor committed for the benefit of a gang, such as vandalism/tagging, a “wobbler” or prosecutable as either a felony or a misdemeanor.  It also enhances the sentences on misdemeanors requiring a mandatory minimum sentence of 180 days.  It tracks, word-for-word, the language of 186.22(b)(1) PC gang enhancement.  It is an effective tool to increase punishment on traditional misdemeanor cases, such as when a gang member spray paints graffiti, but the damage is less than $400.00, or where a gang fight results in a battery.

D.  Penal Code Section 186.30.  This Section requires persons convicted of gang-related crimes, who are ordered by the court, to register with the Chief of Police or Sheriff in their jurisdictions of residence.  Registration must be completed within 10 days of release from custody or within 10 days of changing residence.  The registration is mandatory for a period of five years from the date of conviction.  Penal Code Section 186.33 provides that failure to register in compliance with 186.30 PC is a misdemeanor.  This Section should always be filed when gang enhancements are sought.  However, it could also be applied if the court finds that the crime is gang-related at the time of sentencing or disposition.

721.15  FILING GANG ENHANCEMENTS.  The two main components of a successful gang enhancement allegation are the quality of the gang expert and his/her testimony, and predicate crimes committed by persons who are current or former members of the gang and exhibit a pattern of criminal activity as delineated in PC Section 186.22(e).

Gang Expert Defined.  A Gang expert must possess personal knowledge of the gang itself and its criminal activities.  This can be enhanced by reviewing all available documentation.  The expert should have personal knowledge of the gang member or, at a minimum, be able to testify that the individual is a documented gang member.  The expert will ultimately have to give the opinion that this particular crime was committed for the benefit of the gang with the specific intent to further criminal gang activity and/or to increase the gang’s reputation or influence.

Gang Expert Qualifications.  Qualifying criteria for a gang expert should include, but is not limited to:

  • Works or has worked a specialized gang detail;

  • Has routine contact/conversations with members of a gang;

  • Has investigated or assisted in investigations of crimes committed by members of a gang;

  • Discusses the gang with other members of his/her agency;

  • Has received specialized training on the subject of gangs;

  • Has personal experience or background in dealing with gangs and gang members; and,

  • Has read books and articles on gang activity.

Note:  It is recommended that a gang expert have a constantly updated resumé for court and instructional purposes.  The information on the gang expert (name, serial number, location of work) has to be available at the time the case is filed.

Testimony Provided by a Gang Expert.  An officer called to testify as a gang expert should be prepared to explain:

  • Previous testimony and evidence;

  • How gangs operate;

  • Specific information about the gang involved, (ethnic makeup, size, signs, symbols, area, history, criminal activity, associates, rivals):

  • Levels of gang involvement, rivalry, and revenge;

  • How and why people join and quit gangs;

  • The significance of graffiti and crossing it out;

  • The meaning of tattoos and monikers;

  • Criteria for documenting a person as a gang member;

  • The difference between an active member and an affiliate;

  • What constitutes a gang;

  • Witness intimidation and the lack of cooperation with authorities;

  • How the gang increases its power and reputation;

  • The importance of respect in gang culture; and,

  • Who would qualify as an ex-gang member.

Patterns of Criminal Gang Activity.  The prosecution must prove a “pattern of criminal gang activity,” as defined in Section 186.22(e) PC, by determining that prior crimes have been committed.  These prior crimes must have been committed by any person who was then, or is now, a member of the defendant's gang.  The filing officer must obtain copies of the prior crime and/or arrest reports, and certified records of conviction from the court clerk linking this gang to the commission or attempted commission, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following crimes, and the offenses were committed on separate occasions, or by two or more persons:

  • Assault with a deadly weapon;

  • Robbery;

  • Murder or Manslaughter;

  • Sale, possession for sale, transportation, manufacture, offer for sale or offer to manufacture any controlled substance;

  • Shooting at an occupied vehicle or inhabited building;

  • Discharging or permitting discharge of a firearm from a motor vehicle;

  • Arson;

  • Witness intimidation;

  • Grand theft;

  • Grand theft of any firearm, vehicle trailer or vessel;

  • Burglary;

  • Rape;

  • Looting;

  • Money laundering;

  • Kidnapping;

  • Mayhem;

  • Aggravated mayhem;

  • Torture;

  • Felony extortion;

  • Felony vandalism;

  • Carjacking;

  • The sale, delivery or transfer of a firearm;

  • Possession of a concealable firearm by a juvenile;

  • Criminal Threats; or,

  • Theft and unlawful taking/driving of a vehicle.

The last predicate crime committed must have occurred within three years of the current crime.  The current crime must be gang-related.  The prior crimes must have been committed by any person who was then, or is now, a member of the defendant's gang.

Note:  The prior crimes history must be available at the time the case is filed.

To successfully obtain prosecution, it must be shown that the current crime was committed for the benefit of, at the direction of, or in association with the gang.  This can be accomplished by admitting the prior crimes and relying on the testimony of the gang expert.

721.20  GANG HISTORY BOOKS.  The availability of historical gang information is an important component in the training and development of gang expertise.  This information can further assist in the prosecution of members of the gang.  Each Gang Impact Team (GIT) shall prepare a Gang History Book for each of the major gangs in their Area.  Each Gang History Book should include, but is not limited to:

  • A list of gang experts for this gang;

  • History of the gang;

  • Criminal activity of this gang, including copies of crime reports, arrest reports and certified records of convictions attributed to this gang, news clippings and written articles;

  • Alliances and enemies of the gang;

  • A map of the gang's area; and,

  • Photos of the gang's graffiti.

The Gang History book shall not contain:

  • Individual gang records;

  • CAL/GANG Cards; or,

  • Gang lists.

The Gang History Books will become a ready reference for current gang experts and for establishing predicated offenses.  The Gang History Books shall be continually updated as more officers become experts and more crimes and convictions are attributed to the gang.  This will greatly assist in the timely preparation of gang enhancement cases.  The Gang History Books are considered part of the gang intelligence files and the same criteria of “right to know” and “need to know” is required.

Note:  In accordance with Department Manual Section 4/269.40, only Department-authorized gang investigation units are authorized to maintain the Gang History Books. The watch commander shall have access to all gang files, including the Gang History Books.  The Gang History Books shall not be removed from the Area station without prior approval from the Area Commanding Officer.

721.25  PREDICATE CRIMES AND GANG EXPERTISE IN THE CAL/GANG SYSTEM.  In order to make predicate crimes and gang experts available Countywide, it shall be the responsibility of every GIT officer and detective to also ensure that his/her gang expertise is documented in the CAL/GANG System.  Successful prosecutions of gang enhancement cases shall be entered in the CAL/GANG Case Management System, including current and all predicate crimes related to the case.  In essence, the CAL/GANG System can serve as an automated resource for easily obtaining gang experts and predicate crime information for specific gangs.  Gang Support Section, Gang and Operations Support Division, will advise and assist in updating CAL/GANG user profiles and Case Management input for predicate crimes.

721.30  GANG OFFICER’S RESPONSIBILITY.  Every gang officer should become an expert in each of his/her assigned gang(s) as soon as practical.  Once expertise has been established, it shall be documented in the Gang History Book and in the CAL/GANG System.

Gang Impact Teams shall maintain an updated Gang History Book for all of their major gangs.

721.35  GANG DETECTIVE’S RESPONSIBILITY.  Gang expertise by detectives shall be documented in the Gang History Book and entered into the CAL/GANG System.  When a gang detective becomes aware of an arrest of any gang member in his or her Area, gang enhancements shall be considered before filing charges.  If necessary, the detective shall be guided by the recommendation of the filing deputy from the City Attorney’s or District Attorney’s Office.  When a case is filed with gang enhancements, the gang detective shall ensure that the information on the predicate crimes is entered into the CAL/GANG System.

722. COMPLAINT OFFICER-CITY ATTORNEY'S OFFICE.

722.10 INVESTIGATING OFFICER'S DUTIES - GENERAL PROVISIONS. Investigating officers assigned to divisions in the metropolitan area may use the services of the complaint officer for processing misdemeanor complaints, obtaining warrants, and directing detention officers to record the release felony charges and the placing of misdemeanor charges. Investigating officers shall:

  • Present the case to the City Attorney in the usual manner; and,

  • After the City Attorney indicates that a complaint will be issued, complete the Investigator's Final Report, Form 05.10.00, releasing the felony charge and placing the misdemeanor charge (4/646.10). Leave one copy of the Form 05.10.00 with the Chief Complaint Deputy for use by the complaint officer.

Suspect in Custody Not Due for Release. Investigating officers shall use the services of the complaint officer when the suspect is not due for release at a time when court is in session on the day the complaint is sought.

Suspect in Custody Due for Release. Investigating officers shall not use the services of the complaint officer when the suspect is due for release at a time when court is in session on the day the complaint is sought. Investigating officers shall be responsible for obtaining the complaint, the warrant and arraigning the suspect.

Suspect Free on Fixed Bail Release. When an investigating officer seeks a misdemeanor complaint against a suspect who is free on a fixed bail release, he/she shall:

  • Present the case to the City Attorney in the usual manner;

  • After determining that a complaint will be issued, leave the Arraignment Information, Form 05.17.00, with the complaint officer; and,

  • If the suspect has been directed to appear at a branch court, the investigating officer shall deliver the arraignment information form to the concerned court.

Misdemeanor Complaint and Warrant Sought on a Suspect Not in Custody. When an investigating officer seeks a misdemeanor complaint and warrant on a suspect who is not in custody, he/she shall present the case to the City Attorney in the usual manner. If the complaint is issued, leave the complaint with the complaint officer for further processing.

Note: When an investigating officer determines that the misdemeanor warrant should be certified for service between 2200 hours and 0600 hours, a statement requesting the certification and a statement which shows good cause for the certification shall be included in the reports presented to the City Attorney.

722.20 COMPLAINT OFFICER - DUTIES. The complaint officer shall deliver the complaints signed by the City Attorney to the warrant clerk in Division 80 of the Municipal Court, sign and swear to the complaints as the complaining officer, and, if necessary, obtain warrants.

Suspect in Custody at Jail Division. If the suspect is in custody, the complaint officer shall deliver the Investigator's Final Report, Form 05.10.00, and/or the warrant to Metropolitan Jail Section, 77th Street Jail Section, Valley Jail Section, or Operational Jail Section for completion of the Supplemental Charge Record, Form 05.08.00, by the custodial detention officer.

Suspect in Custody in Division Jail or County Jail System. If the suspect is in custody in a divisional jail or the County Jail System, the complaint officer shall:

  • Deliver the Investigator's Final Report, Form 05.10.00, and/or the warrant, to the release desk at Metropolitan Jail Section; and,

  • Cause a Felony Release and Supplemental Charge Teletype (4/165.26) to be sent to the custodial detention officer.

Misdemeanor Complaint Sought on a Felony Suspect Free on Fixed Bail Release. The complaint officer shall:

  • Deliver the complaint and the Arraignment information, Form 05.17.00, to the clerk in Division 80.

Exception: If the suspect has been directed to appear at a branch court, it shall be the investigating officer's responsibility to deliver the Arraignment Information, Form 05.17.00, to the concerned court.

Misdemeanor Complaint and Warrant Sought on a Suspect Not in Custody. When a misdemeanor complaint or warrant is sought on a suspect not in custody, the complaint officer shall deliver the complaint to the appropriate filing deputy from the City Attorney's Office.

725. ARREST WARRANTS.

725.04 LOCAL WARRANT - DEFINED. A local warrant is a warrant issued by a court having jurisdiction of criminal matters arising within the City of Los Angeles.

725.05 IN‑COUNTY WARRANT - DEFINED. An in‑county warrant is a warrant issued by a court having jurisdiction over matters arising within the County of Los Angeles.

725.06 FOREIGN WARRANT - DEFINED. A foreign‑warrant is a warrant obtained by an agency other than this Department.

725.07 RETAINABLE OFFENSE - DEFINED. A retainable offense is an offense recordable on the arrestee's criminal history record (rap sheet) by the Department of Justice.

725.08 INVESTIGATING OFFICER'S RESPONSIBILITY. An investigating officer securing any type of warrant on a suspect shall indicate on the face of the warrant "Possibly Armed" or "Combative" when the suspect has a prior history of being armed or combative toward the police.

Investigating officers who become aware that a person against whom a criminal complaint has been filed or an indictment returned is in custody outside of Los Angeles County, or in federal custody, shall:

  • Obtain a certified copy of the arrest warrants from the Watch Commander, Records and Identification Division;

  • Mail the certified copy of the arrest warrant to the person in charge of the detention facility where the defendant is in custody; and,

  • If no warrant is on file, attempt to obtain a warrant through established procedures and, if issued, mail a certified copy to the appropriate detention facility.

Questions regarding extradition of out‑of‑county or federal prisoners shall be resolved by the Office of the District Attorney, Extradition Services Section.

725.09 DUE DILIGENCE-INVESTIGATIVE RESPONSIBILITY. When a felony arrest warrant is obtained, Fugitive Warrant Section (FWS), Detective Support and Vice Division, shall be responsible for making a systematic, continuing effort to apprehend the suspect. Fugitive Warrant Section shall be responsible for the due diligence of narcotic warrants and those warrants obtained by area detective division investigators, with the exception of homicide and juvenile warrants. If area detective division investigators or investigating officers assigned to other Department entities wish to maintain responsibility for a warrant, they shall contact the Officer in Charge, FWS, and advise of such. This will prevent duplication of efforts and ensure officer safety. The officer attempting service of the warrant shall be responsible for updating CWS on those due diligence efforts.

Note: The following Department entities are responsible for the due diligence and service of the warrants they generate:

  • Traffic divisions;

  • Detective Support and Vice Division;

  • Commercial Crimes Division;

  • Robbery-Homicide Division;

  • Gang and Narcotics Division;

  • Juvenile Division;

  • Internal Affairs Group;

  • Vice Division;

  • Major Crimes Division; and,

  • Arson Unit of the Los Angeles Fire Department.

Investigating officers assigned the responsibility of a particular case shall not relinquish responsibility for the investigation of that case. However, such investigating officers will not have the primary responsibility for the service of the warrant. The investigating officer who obtains a felony warrant shall be responsible for generating the felony warrant package.

Exception: Fugitive Warrant Section shall be responsible for generating warrant packages and maintaining a felony warrant package file for all adult felony narcotic warrant suspects.

Note:  The fact that FWS is responsible for the primary exercise of due diligence efforts does not relieve other Department officers from their duty to arrest warrant suspects as soon as possible.

Due Diligence Coordinator. Due Diligence coordinators shall ensure that 980 PC is adhered to (4/728.16).

725.10 REGISTERING WARRANTS. For the purpose of this section, "registering warrants" is defined as the forwarding of warrant information to the Warrant Section, Records and Identification Division, for input into the Countywide Warrant System, regardless of the method of transmittal.

Exception: Probable Cause Arrest Warrants shall not be registered with Records and Identification Division (4/725.12).

Registering Felony Warrants. When a suspect is not in custody at the time a felony warrant is issued for his/her arrest, the warrant shall be registered with the Warrant Section, Records and Identification Division, no later than the end of the working day during which the warrant was issued. When registering warrants and the method of transmittal is other than delivery of the original warrant itself, the concerned officer shall ensure that the original warrant is delivered to the Warrant Section, Records and Identification Division, as soon as practicable, but no later than eight hours from the time the warrant was registered. The warrant shall be registered by:

  • The concerned investigating officer, when:

  • He/she processes the warrant through the District Attorney's Office;

  • He/she receives a felony bench warrant directly from a Los Angeles Judicial District preliminary court; and,

  • A felony warrant is issued and no Liaison Officer is assigned to the issuing court.

  • The Liaison Officer, Detective Support and Vice Division assigned to the District Attorney's Office, when the Liaison Officer processes a felony warrant through the District Attorney's Office;

  • The Liaison Officer, Detective Support and Vice Division assigned to Division 30, when a felony bench warrant is issued by a Los Angeles Judicial District preliminary court in the metropolitan area and the bench warrant is delivered to the Liaison Officer; and,

Note: The Liaison Officer in Division 30 shall notify the investigating officer of the issuance of a felony bench warrant by ensuring that a Warrant Notice-Suspect Description, Form 08.48.00, is prepared and forwarded to the investigating officer.

  • The Vice Division Liaison Officer assigned to the District Attorney's Office, when the Liaison Officer processes a felony warrant through the District Attorney's Office.

Additional Information Needed When Registering Felony Warrants. When a felony warrant is registered, the Warrant Section, Records and Identification Division, shall be furnished with the following information:

  • All available pertinent identification numbers, such as the Department's LA number, Criminal Information and Identification number, Federal Bureau of Investigation number, and the subject's social security number;

  • DR number of the crime report;

  • Concerned investigating officer's name, serial number, and unit of assignment;

  • Physical description of the subject, including his/her date of birth, or, operator's license number; and,

Note: The computer will only accept the warrant information if all the following data is provided:

  • Name.

  • Sex.

  • Descent.

  • Date of birth or operator's license number.

  • AKA of subject, if available.

Registering Misdemeanor Warrants. Misdemeanor warrants are automatically registered with the Warrant Section, Records and Identification Division, by the clerk of the concerned misdemeanor court. Investigating officers who wish to be notified of the service of a misdemeanor warrant shall request the court clerk to include on the warrant their name, serial number, unit of assignment, and a request to be notified.

725.12 PROBABLE CAUSE ARREST WARRANT (see also Section 4/742.10).

Obtaining. In the absence of exigent circumstances, an officer desiring to enter a residence to arrest an adult felony suspect or a juvenile for either a felony or misdemeanor offense, shall check the Countywide Warrant System (CWS) to determine if an existing warrant may be used. If no such warrant exists, he shall contact the concerned investigating officer, or investigative supervisor. When concerned investigative personnel are unavailable, the officer shall contact his/her immediate supervisor for direction.

If circumstances necessitate obtaining a Probable Cause Arrest Warrant, the concerned investigating officer or an officer designated by a supervisor, shall:

  • If the suspect is an adult, complete one copy of the Probable Cause Arrest Warrant and Affidavit (Adult), Form 08.96.00;

  • If the suspect is a juvenile, complete one copy of the Probable Cause Arrest Warrant and Affidavit (Juvenile), Form 08.97.00;

  • Attach a copy of each related report; e.g. crime report, property report, narcotics buy note. Specify the total number of pages attached in the space provided on the affidavit;

Note: Additional probable cause, expertise, and/or confidential information not documented in crime and follow‑up reports may be stated on a Continuation Sheet, Form 15.09.00, or a Search Warrant Affidavit Continuation Sheet, District Attorney Form DA 394A.

  • During other than normal working hours, obtain the name and telephone number of the on‑call magistrate from the on‑call deputy district attorney; and,

Note: Although the deputy is available for advice, it is not necessary to obtain the deputy's approval.

  • Sign the affidavit in the presence of the magistrate who issues the warrant.

Arresting officers need NOT have a warrant in their possession at the time of arrest (842 PC).

If an arrest is made pursuant to a Probable Cause Arrest Warrant by an officer, the original warrant and affidavit shall be forwarded to the concerned investigating officer with copies of the arrest report. The concerned investigating officer shall retain the original warrant and affidavit form in the Detective's Case Envelope, Form 15.15.00, or Murder Book.

If no arrest is made pursuant to the warrant, the original warrant and affidavit shall be forwarded to the concerned investigating officer with copies of the crime report. The concerned investigating officer shall retain the original warrant and affidavit forms in the work folder or Murder Book for reference.

Booking and Arraignment.

  • The words "P/C WARR" shall be entered in the Warrant No. portion of the booking slip or on the arrest report in the case of a juvenile who is not booked;

  • The procedure for filing formal charges, and the time limit for arraignment, is the same as for felons arrested without a warrant; and,

Note: If a formal charge is not sought or obtained, a person arrested on a Probable Cause Arrest Warrant may be released pursuant to the authority‑to‑release clause of the warrant.

  • Adult arrestees shall be transported for arraignment only at the direction of the concerned investigating officer.

Warrant Not Served. A Probable Cause Arrest Warrant shall not be registered with Records and Identification Division.

If the suspect is not apprehended prior to end of watch, the officer who obtained the warrant shall telephonically register the warrant with the Administrative Unit, Detective Support and Vice Division (DSVD), and shall forward a copy of the warrant to DSVD.

Exception. An investigative supervisor may direct that the warrant not be registered or forwarded to DSVD. DSVD shall retain a copy of any registered Probable Cause Arrest Warrant until expiration.

An officer desiring to serve a warrant which has been registered with DSVD shall first contact DSVD to ensure that it is still valid. If the warrant is served, the officer shall promptly notify DSVD.

Posting Bail. If an adult arrestee posts the bail provided for on the warrant, the releasing employee shall cite the arrestee to appear in court as determined from the Court Schedule for Bail‑Outs.

Action Taken on Warrant. The concerned investigating officer shall retain the warrant and affidavit, and shall promptly notify DSVD of any change in status of the warrant. The notification may include specific information or instructions; e.g., "suspect armed and dangerous" or "contact investigator prior to serving."

Detention of Juveniles. Juveniles arrested pursuant to a probable cause arrest warrant shall be detained under the same criteria as established in Manual Section 4/218.64.

Case Disposition-Juveniles. In processing juveniles arrested pursuant to a probable cause arrest warrant, investigating officers shall make a final case disposition in accordance with Chapter Seven of the Manual of Juvenile Procedures, e.g., petition request, counsel release (C/R), action suspended, referral, exonerated, insufficient evidence.

725.20 RESPONSIBILITY FOR SERVICE OF WARRANTS.

California Adult Misdemeanor Warrants. Fugitive Warrant Section (FWS), Detective Support and Vice Division, shall be responsible for ensuring that a systematic continuing effort is expended to apprehend California adult high‑grade misdemeanor warrant suspects.

Local Felony Warrants. Fugitive Warrant Section shall have primary responsibility for the service of adult felony warrants (4/725.09).

Felony Bench Warrants. Fugitive Warrant Section shall have primary responsibility for the service of felony bench warrants issued in a superior court as a result of an LAPD case.

The following Department entities are responsible for the due diligence and service of the warrants they generate:

  • Traffic divisions;

  • Detective Support and Vice Division;

  • Commercial Crimes Division;

  • Robbery – Homicide Division;

  • Gang and Narcotics Division;

  • Juvenile Division;

  • Internal Affairs Group;

  • Vice Division;

  • Major Crimes Division; and,

  • Arson Unit of the Los Angeles Fire Department.

Foreign Felony and Out‑of‑State Misdemeanor Warrants. Fugitive Warrant Section shall have primary responsibility for the service of foreign adult felony and out‑of‑state adult misdemeanor warrants.

Note: Fugitive Warrant Section shall acknowledge receipt of a warrant to the requesting agency within 10 days of receipt of correspondence regarding wanted persons.

725.30 SIGNING OUT WARRANTS. An officer shall not sign out a warrant unless he/she has the suspect in custody and intends to book the person on the warrant.

725.40 ARREST ON WARRANTS - SPECIAL INSTRUCTIONS. When an arrest is made on a foreign felony want or warrant, or on an out‑of‑state misdemeanor warrant, the Fugitive Warrants Section, Detective Support and Vice Division, shall be responsible for completing the Form 05.10.00.

Exception: The arresting officer shall be responsible for completing the Release Information section of the Investigator's Final Report, Form 05.10.00, when an arrest made on any of the following constitutes a felony charge:

  • Violation of California State parole under authority of 3056 P.C. or 3151 WIC;

  • Violation of probation bench warrant held by the Los Angeles County Sheriff's Department; and,

  • "Failure to Appear" bench warrant held by the Los Angeles County Sheriff's Department.

Upon completion, the Investigator's Final Report, Form 05.10.00 shall be delivered to the record clerk, Area of booking.

Note: If any of the above violations constitute a misdemeanor charge only, the Form 05.10.00 is unnecessary.

The original of the Form 05.10.00 shall be given to the record clerk, Area of booking, who shall immediately forward it to the Data Control and Coding Section, Information Technology Division. One copy of the Form 05.10.00 shall be attached to the prisoner's custody record; and the other copy shall be forwarded to the Fugitive Warrants Section, Detective Support and Vice Division.

725.48 ARREST REPORTS - ARRESTS ON WARRANTS.

Arrest narratives are not required for felony warrant arrests except under the following circumstances: 

  • Parole and Probation Holds;
  • Arrests involving a use of force;
  • Evidence recovered as a result of the arrest;
  • If arrestee receives injuries which could be attributed to the officers;
  • Aggravated or unusual circumstances; and,
  • At the direction of the watch commander.

Below are the reports required for each type of felony warrant arrest:

Felony Warrants and Felony Wants Involving Adults. An arrest report is not required for felony warrant arrests not involving an open charge. For felony warrant arrests, including parole/probation warrants, officers must submit the following to the watch commander or his/her designee:

 

·       Arrest Report “Face Sheet”, Form 05.02.00;

 

                  Note:  The “Approval/Reporting Officers” section must still be completed, including the “Supervisor Approving Report” box.

 

·         Investigator’s Final Report, Form 05.10.00;

 

                  Note:  Officers must still comply with procedures for the completion of the Investigator’s Final Report outlined in Department Manual Section 4/775.20.

 

·         Copy of the Warrant Information Sheet (WIS) or abstract for warrants issued within California; and,

·         Booking Approval, Form 12.31.00.

 

      Note:  Parole/probation holds are different from parole/probation warrants.  Parolees at Large (PALs) are considered parole warrant suspectsParole holds require an

       arrest narrative.

Juvenile Warrant Arrests.  For warrant arrests involving juveniles, officers must submit the following: 

  • Arrest Report “Face Sheet”;
  • Investigator’s Final Report;
  • Copy of the WIS or abstract for warrants issued within California;
  • Disposition of Arrest and Court Action, Form 05.09.00;
  • Booking Approval; and,
  • Juvenile Arrest Supplemental Report, Form 05.02.06.

Note: Officers must document the circumstances under which they came into contact with the juvenile Arrest Supplemental Report.

1551.1 PC Fugitive Arrests.  For 1551.1 PC Fugitive arrests, officers must submit the following to the watch commander or his/her designee:

 

·         Arrest Report “Face Sheet”;

·         Disposition of Arrest and Court Action, Form 05.09.00;

·         Investigator’s Final Report;

·         Probable Cause Determination (PCD), Form CRIM 064;

·         National Crime Information Center (NCIC) printout; and,

·         Booking Approval. 

Parole Holds.  For parole holds, officers must submit the following to the watch commander or his/her designee:

 

·         Arrest Report “Face Sheet”;

·         Investigator’s Final Report;

·         Arrest narrative;

·         Copy of parole hold authorization from the California Department of Corrections and Rehabilitation;    and,

·         Booking Approval. 

 

Probation Holds.  For probation holds, officers must submit the following to the watch commander or his/her designee:

 

·         Arrest Report “Face Sheet”;

·         Investigator’s Final Report;

·         Arrest narrative;

·         PCD Form;

·         Copy of probation hold authorization from the Los Angeles County Probation Department; and,

·         Booking Approval.

 

Note:  The Consolidated Criminal History Reporting System (CCHRS) printout, Criminal Identification and Information (CII) printout, Department of Motor Vehicles (DMV) history, and City Attorney’s Disclosure Statement are not required for felony warrant arrests, 1551.1 PC fugitive arrests, parole holds or probation holds. 

Misdemeanor Warrants. An arrest narrative is generally not required for a misdemeanor warrant arrest.  Misdemeanor warrant arrests must be reported on an Arrest Report, Form 05.02.00, or an RFC Report, Form 05.02.02, and an arrest narrative completed when:

  • The warrant is an out‑of‑state misdemeanor warrant and a local warrant has been obtained authorizing the arrest for the out‑of‑state warrant;

  • The charge is 314(1) P.C. (Indecent Exposure), 647.6 P.C. (Annoying or Molesting Children), or 653b(a) P.C. (Loitering About Schools or Other Places Attended by Children);

  • The charge is 272 P.C. (Contributing to the Delinquency of a Minor, Luring Minor Under 14 Away form Home);

  • 470, 470(a), 470(b) P.C. (Forgery);

  • 475 P.C. (Possession or Receipt of Items as Forgery);

  • 476 P.C. (Bill, Note, or Check) or 476a P.C. (Making or Delivering Check with Insufficient Funds);

  • 484e, 484f(a), 484g, 484i P.C. (Forgeries and other misuses involving access cards);

  • 532 P.C. (Fraudulently Obtaining Money, Property or Labor) or 532a P.C. (False Financial Statement);

  • There are unusual or aggravated circumstances;

  • It is not obvious that the arrestee is the suspect identified on the warrant;

  • The arrestee sustains an injury at the time of arrest or subsequent to the arrest and prior to acceptance by the detention officer;

  • The arrestee receives medical treatment for an old injury or for injuries sustained prior to and not incidental to the arrest; and,

  • The arrestee is a member of the Armed Forces.

Exception: When a person, arrested for a marijuana offense, is eligible for release from custody (4/216.65), and is additionally charged with a misdemeanor warrant charging one of the above crimes, the arresting officer must, in lieu of completing an Arrest Report, Form 05.02.00:

  • Complete a Non - Traffic Notice to Appear, Form 05.02.02, for the marijuana offense (4/216.65);

  • Include the warrant number, charge, and issuing court in the narrative of the RFC Report;

  • Write "Includes Misdemeanor Warrant for (e.g., 470 P.C.)" in the upper right margin of the RFC Report; and,

  • Book the arrestee for the misdemeanor warrant only.

725.49 SERVICE OF FELONY AND CALIFORNIA MISDEMEANOR ARREST WARRANTS - PERSON IN ‑ CUSTODY.

Felony or Misdemeanor Arrestee-Prior to Booking. When a person arrested on a misdemeanor or felony charge is found, prior to booking, to be the subject of a felony or California misdemeanor warrant, the arresting officer shall book the person on both the original charge and the warrant. The original arrest and necessary information related to the warrant shall be reported on the Arrest Report, Form 05.02.00.

The custodial detention officer shall initiate an Arrest Disposition Report, Form 05.09.00, for each in‑county arrest warrant issued for a retainable offense.

Note: Each Form 05.09.00 for an in‑county warrant shall be attached to the Jail Custody Record, page 5 of the Los Angeles Consolidated Booking Form, Form 05.01.00, and shall accompany the arrestee to court.

Exception: A Form 05.09.00 initiated for an arrest under the authority of a Ramey Warrant shall be processed with the Arrest Report.

Felony or Misdemeanor Arrestee-Booked. When a person already booked on a misdemeanor or felony charge is found to be the subject of a felony or California misdemeanor warrant, the Criminal Records Section, Records and Identification (R&I) Division, shall:

  • Make a telephonic notification to the custodial detention officer; and,

  • Cause a warrant information teletype or teletype abstract of the warrant to be sent to the detention officer.

The custodial detention officer, after establishing the arrestee's identification, shall:

  • Complete a Supplemental Charge Record, Form 05.08.00, and include the System ID number in the "Additional Information" box; and,

  • Initiate a Form 05.09.00 for each in‑county arrest warrant issued for a retainable offense. A Form 05.09.00 is not required for an out‑of‑county warrant arrest unless it is the primary charge.

Note: Each Form 05.09.00 for an in‑county warrant shall be attached to the Jail Custody Record and shall accompany the arrestee to court.

Exception: A Form 05.09.00 initiated for an arrest under the authority of a Ramey Warrant shall be processed with the Arrest Report.

When the arrestee is the subject of a felony warrant, the custodial detention officer shall also:

  • Cause a Supplemental Charge Teletype to be sent to the Criminal Records Section, Records and Identification Division, without delay; and,

  • Attach the warrant information teletype to page 5 (Jail Custody Record) of the original Los Angeles Consolidated Booking Form, Form 05.01.00.

The arrestee shall not be arraigned on the misdemeanor charge prior to the completion of the felony investigation by the concerned investigating officer.

Note: When a felony charge against an arrestee is released and normal misdemeanor transportation cannot provide for arraignment within the 48‑hour time limit, the investigating officer responsible for the original investigation shall ensure that the arrestee is transported for arraignment. The 48‑hour time limit shall begin at the time of the original arrest.

725.50 SERVICE OF WANTS AND WARRANTS - PERSON IN LOS ANGELES COUNTY CUSTODY.

Investigating Officer’s Responsibility. When a prisoner in a Los Angeles County jail facility is wanted by this Department on a felony warrant, or is the subject of an additional filed or open charge, the concerned investigating officer shall:

  • Determine the location and booking number, then confirm the identity of the prisoner from the Warrants and Detainers Section, County Central Jail;

  • Using the original booking number, ensure the investigating (INV) format on the Network Communications System (NECS) is completed, including a Warrant Information Sheet (WIS) is sent to the Warrants and Detainers Section, County Central Jail;

Exception: If an investigating officer wishes to serve a prisoner on an open charge, the investigating officer must physically respond to County Central Jail or the Twin Towers Facility.

Note: Investigating officers assigned to Fugitive Warrant Section, Detective Support and Vice Division, need not respond physically to Los Angeles County Central Jail or the Twin Towers Facility to rebook prisoners in County custody for California Penal Code Section 1551.1, Fugitive Arrest Without a Warrant. This booking may be accomplished electronically for this charge only.

  • Ensure a teletype is sent to the Warrants and Detainers Section, County Central Jail, including all booking information;

  • Via telephone, ensure the Warrants and Detainers Section received the teletype and WIS and that the prisoner was served with the warrant or informed of the additional charges;

Note: When a prisoner is confined at a location other than County Central Jail or the Twin Towers Facility, and the investigating officer wishes to physically serve the warrant(s) or open charge, the investigating officer shall send a teletype to the Watch Commander, Inmate Reception Center, requesting that the prisoner be immediately transferred to County Central Jail or the Twin Towers Facility. Felony warrants and open charges shall be served only at County Central Jail or Twin Towers Facility.

  • Ensure that three Fingerprint Cards, Form FD 249, were completed on the new charges and forwarded to Records and Identification Division (R&I);

  • Complete the Arrest Report, Form 05.02.00, and narrative; and,

  • Complete and deliver the following pages of the Consolidated Booking Form, Form 05.01.00 to a clerk in the Records Unit of the Area where the reports are to be reproduced:

    • Booking and Identification Record, Form 05.01.02;

    • Disposition of Arrest and Court Action, Form 05.09.00;

    • Investigator's Final Report, Form 05.10.00; and,

    • CII Arrest Notification, Form 05.01.02.

Note: If an arrest warrant is served or previously filed charges are being added, forward the Disposition of Arrest and Court Action, Form 05.09.00, to the appropriate arraignment court through the Department mail system.

Investigating officers serving felony warrants or preferring additional charges on a female prisoner in custody at the Twin Towers Facility shall comply with the procedure applicable at County Central system.

Local Misdemeanor Warrants. When notified that there are outstanding local misdemeanor warrants for a prisoner in the County Jail, the Warrant Section, Records and Identification Division, shall:

  • Obtain the prisoner’s booking number; and,

  • Forward a teletype of the Warrant Information Sheet (WIS) of the warrant, including the prisoner’s booking number, to the Warrants and Detainers Section, Inmate Reception Center, County Central Jail.

Foreign California Misdemeanor Warrant. When notified that there are outstanding foreign California misdemeanor warrants in the possession of this Department for a person in the County Jail System, the Warrant Section, Records and Identification Division, shall:

  • Obtain the person's booking number;

  • Record the booking number on the top front of the warrant and forward it to the Warrant Detainer Section, Inmate Reception Center, County Central Jail; and,

Note: If the person is due to be released, a teletype abstract of the warrant shall be sent immediately to the same location, prior to forwarding the warrant.

  • Immediately notify the agency from which the warrant was received that the person is in the County Jail and that the warrant has been forwarded to the Sheriff's Department for service.

Foreign Felony and Out‑of‑State Misdemeanor Warrants. When it is ascertained that a person arrested by this Department has a foreign felony want or warrant, or an out‑of‑state misdemeanor warrant, notification shall be made to the Fugitive Warrants Section, Detective Support and Vice Division, without delay (4/201.30).

Note: When the Fugitive Warrants Section is closed, Detective Information Section, Detective Support and Vice Division shall be notified.

Suspect Released to LAPD-Not Booked. When an arrestee booked by another agency is released to LAPD custody and the arrestee is not subsequently booked by this Department, the concerned investigating officer shall:

  • Complete the left portion of Section A of the Form 05.09.00;

  • Insert the original arresting agency's booking number and the CII, FBI, and LA number, if available, in the appropriate spaces; and,

  • Insert "BOOKED BY (agency - agency type) - RELEASED TO, NOT BOOKED, LAPD" in the remarks section.

The investigating officer shall forward the Form 05.09.00 to the Records Services Section, Records and Identification Division.

725.51 SERVICE OF CALIFORNIA MISDEMEANOR WARRANTS - PERSON REMANDED TO THE CUSTODY OF THE SHERIFF.

Felony Prisoners. When an investigating officer transports a felony prisoner to court for arraignment, he or she shall furnish the officer of this Department assigned to the arraigning court with the outstanding warrants or a teletype abstract of each outstanding warrant against the prisoner. When such prisoner is remanded to the custody of the Sheriff, the officer assigned to the arraigning court shall deliver the warrants of the prisoner.

Note: When no officer of this Department is assigned to the arraigning court, the concerned investigating officer shall be responsible for delivering the warrants or teletype abstracts to the deputy sheriff taking custody of the prisoner.

Misdemeanor Prisoners. When a prisoner for whom there are additional misdemeanor warrant charges is remanded to the custody of the Sheriff, the officer of this Department assigned to the arraigning court shall present the warrants or teletype abstracts of the warrants to the deputy sheriff taking custody of the prisoner.

Note: Jail Division records relating to the additional misdemeanor charges shall be cleared by indicating that such charges have been forwarded to the Sheriff's Department.

725.52 BOOKING OF PRISONERS RELEASED BY THE SHERIFF. When a Sheriff's prisoner wanted by this Department is available for release to this Department, the officer responsible for investigation of the case shall, without delay, obtain custody of the prisoner and book him or her in a jail of the City Jail System.

725.54 SERVICE OF LOCAL MISDEMEANOR WARRANT - PERSON IN CUSTODY IN ANOTHER CITY. The watch commander of the concerned patrol division shall arrange transportation and booking according to the following assignments, when persons arrested are at the County Jail or in nearby cities on Los Angeles warrants and are to be released to this Department:

Central Area-County Jail.

Foothill Area-San Fernando.

Harbor Area-Long Beach, Palos Verdes, Signal Hill and Torrance.

Hollenbeck Area-Alhambra, El Monte, Montebello, Monterey Park, San Gabriel, San Marino and Whittier.

Newton Area-Maywood and Vernon.

Northeast Area-Arcadia, Glendale, Pasadena, Sierra Madre and South Pasadena.

North Hollywood Area-Burbank.

Pacific Area-Culver City, El Segundo, Hawthorne, Hermosa Beach, Manhattan Beach, Redondo Beach and Santa Monica.

77th Street Area-Bell, Bell Gardens, Downey, Huntington Park, South Gate and Inglewood.

Southeast Area-Compton and Gardena.

Wilshire Area-Beverly Hills.

Officers shall obtain either the warrant or warrant information teletype upon arrival at the other city.

Arranging transportation and booking from all other cities in California shall be the responsibility of Fugitive Warrants Section, Detective Support and Vice Division.

725.55 SERVICE OF OUT ‑ OF ‑ STATE MISDEMEANOR WARRANTS AND FOREIGN FELONY WARRANTS. When persons are arrested on foreign felony wants or warrants and out‑of‑state misdemeanor warrants, the arresting officer shall, prior to obtaining booking advice, notify the Fugitive Warrants Section, Detective Support and Vice Division, which shall handle notifications and correspondence and obtain necessary court orders and complaints.

Note: When the Fugitive Warrants Section is closed, Detective Information Section, Detective Support and Vice Division shall be notified.

725.56 WARRANT ARRESTS ON MILITARY PREMISES. Permission shall be obtained from the commanding officer of the concerned ship or station before making a warrant arrest on a member of the Armed Forces while on military premises.

The commanding officer may require a signed agreement from the arresting officers that the service person will be returned to military jurisdiction in the event he is acquitted or otherwise released. When such an agreement is signed, the officers shall deliver a copy to the Liaison Officer, Detective Support and Vice Division. If the service person is subsequently released or acquitted, the commanding officer of the division serving the warrant shall carry out the terms of the agreement.

725.57 FELONY WARRANT ARREST MADE OUTSIDE THE COUNTY OF ISSUANCE.

Officer's Responsibility. Officers who arrest a bailable felony warrant defendant outside the county of issuance, but within the State of California, shall complete a Compliance with Section 821 of the California Penal Code, Form 08.48.01. The arresting officer shall inform the defendant of his option to have a bail hearing in the county of arrest or in the county the warrant was issued. After obtaining the defendant's signature, the officer shall sign and date the form. If the defendant refuses to sign, the word “refused” shall be written in the space provided for the defendant's signature. The form shall be included as a page in the Arrest Report.

Note: This procedure does not apply to no-bail warrants, and shall apply to an arrestee who is booked on a felony warrant only, with no open charges.

Jail Division-Employee’s Responsibility. The following procedures shall only apply to arrestees booked for warrants that were issued within the State of California, but outside the County of Los Angeles. When a Jail Division employee receives an arrestee to be booked for an out-of-county felony warrant, with the exception of no-bail warrants, the Jail Division employee shall follow normal booking procedures, and:

  • Ensure the Form 08.48.01 is complete;

  • Ensure a transfer to the appropriate court is completed should the arrestee desire to go before a magistrate within Los Angeles County; and,

  • Notify the county that issued the warrant to pick up the arrestee, if the arrestee waives the right to go before a magistrate in Los Angeles County.

Note: If the agency holding the warrant contracts with the Los Angeles Sheriff’s Department for transportation, the arrestee shall be transferred to Sheriff’s custody and transported by the Sheriff’s Department. All other agencies shall take custody of the arrestee within five days, or five court days if the law enforcement agency requesting arrest is more than 400 miles away, otherwise the agency shall be notified and the arrestee shall be released.

725.70 REQUESTING WARRANT FOR PERSON RELEASED ON WRIT OF HABEAS CORPUS.

Outlying Divisions. Officers in the outlying divisions who request a warrant on an arrestee released on a Writ of Habeas Corpus shall request an original and two copies of the warrant from the court clerk. The two copies of the warrant shall be sent, without delay, to the City Attorney's Writs Department, via Department mail.

725.72 WARRANT OBTAINED FOR PERSON RELEASED ON WRIT OF HABEAS CORPUS. When a warrant has been obtained for an arrestee released on a Writ of Habeas Corpus, the officer responsible for investigation of the case shall:

  • Cause the warrant to be delivered to the Chief Investigator, City Attorney's Office, not later than 1630 hours on the day previous to the date upon which the Writ is returnable; and,

  • Appear in court where the Writ is returnable, at least fifteen minutes prior to the time set for the hearing.

  • Upon arrival in court, he/she shall:

  • Contact the City Attorney's investigators;

  • Properly identify himself/herself;

  • Obtain the warrant; and,

  • Remain in court to take the defendant into custody, if so ordered by the court.

725.90 RECALLS ON WARRANTS. Warrants which are assigned to a division for service and are later recalled by the court shall be forwarded to the Criminal Records Section, Records and Identification Division.

725.95 WARRANT RECALL LISTS - OUTLYING DIVISIONS. Watch commanders in outlying divisions in which courts are located shall:

  • Obtain a warrant recall list from the court clerk at the end of the clerk's daily tour of duty;

  • Cause the warrant recall list to be teletyped immediately to the Criminal Records Section, Records and Identification Division; and,

  • Send the warrant recall list to the Criminal Records Section, Records and Identification Division, by Department mail.

728. NATIONAL CRIME INFORMATION CENTER (N.C.I.C.).

728.10 WANTED PERSON FILE - ENTRY OF FELONY WARRANT INFORMATION. Concerned investigating officers may request felony warrant information to be entered in the Wanted Person File, N.C.I.C., by completing a Warrant Information, Form 08.48.00, when:

  • The suspect is not in custody; and,

  • There is cause to believe that the suspect may leave the jurisdiction.

728.15 WANTED PERSON FILE - ENTRY OF TEMPORARY FELONY WANT. An investigating officer may enter temporary felony want information into the N.C.I.C. Wanted Person File when:

  • There is probable cause to believe a suspect has committed a felony,

  • There is cause to believe the suspect may leave the jurisdiction, and,

  • Circumstances preclude the immediate procurement of a felony warrant.

Note: A temporary felony want is subject to verification and support by a proper warrant and is automatically purged from the file after 48 hours.

When temporary felony want information is to be entered into the N.C.I.C. Wanted Person File, the "Temporary Felony Want" box shall be checked on a copy of the Form 08.48.00 and forwarded to Records and Identification Division for entry. When the warrant is obtained, the warrant information shall be entered on the original Form 08.48.00, the "Felony Warrant" box shall be checked, and the original and two copies of the form forwarded (4/728.18) to Records and Identification Division for entry.

728.16 FELONY WARRANT DUE DILIGENCE COORDINATOR. Upon receiving a felony warrant, the Felony Warrant Due Diligence Coordinator shall cause the investigating officer to:

  • Determine if NCIC entry is required by 980 PC;

  • Determine if the wanted person will be extradited; and,

  • Determine if the wanted person, based on available information, poses an officer-safety risk.

If any of these conditions exist, the investigating officer shall complete a Warrant Information Form, Form 08.48.00, and forward the form to Records and Identification Division, Warrant Teletype Unit. The Coordinator shall also ensure that the Due Diligence Investigative Responsibility procedure outlined in Department Manual Section 4/725.09 is complied with.

728.18 WANTED PERSON FILE-MODIFICATION OF EXTRADITION INFORMATION. All Felony Warrants are programmatically rolled over into the NCIC Wanted Person File with a “NOEX OUTSIDE CA” designation in the miscellaneous field. In order to modify the warrant to reflect Extraditable (EX), or to add or change identifying information, the concerned detective shall:

  • Complete a Warrant Information Form, Form 08.48.00, containing the suspect’s full name, date of birth, and other identifying information;

  • Obtain the signature of the concerned Area’s detective commanding officer approving the Form 08.48.00, and cause the completed Form 08.48.00 to be forwarded to the Warrant Teletype Unit (WTU), Records and Identification Division. Upon receiving the Warrant Information Form, Form 08.48.00, the WTU personnel shall make the appropriate modification reflecting extradition approval; and,

  • To re-modify the warrant back to Non-Extraditable (NOEX), the concerned detective shall follow the steps above and submit a completed Warrant Information Form, 08.48.00, to the WTU, Records and Identification Division. The completed form shall include a “NOEX” designation written at the top to alert WTU personnel of the proper modification.

Note: A “NOEX” warrant remains in the NCIC Wanted Person File until the concerned detective requests its removal.

Exception: When the felony warrant or temporary felony want is for a traffic offense and the concerned division commanding officer is not available, the Form 08.48.00 shall be submitted to the officer in charge, concerned accident investigation follow‑up unit (5/095), for approval.

728.20 WARRANT REMOVAL. When it is learned that a suspect listed on a warrant in the N.C.I.C. Wanted Person File will definitely NOT be extradited for that warrant, the related warrant shall be modified in the Wanted Person File to reflect Non-Extraditable (NOEX). When a felony warrant is to be removed from the NCIC Wanted Person File for reasons other than the warrant being NOEX, the concerned investigating officer shall:

  • Complete a Warrant Information, Form 08.48.00, containing the suspect's full name, date of birth (if available), all known identifying information (hair color, scars, marks, tattoos, etc.), and warrant number;

  • Place a check mark in the "Warrant Removal" box at the bottom of the Form 08.48.00;

  • Explain the reason for warrant removal under the "Additional Information" section of the Form 08.48.00;

  • Obtain the signature of the concerned detective commanding officer approving the Form 08.48.00, and cause the completed Form 08.48.00 to be forwarded to Records and Identification Division; and,

  • To have the extradition information modified to reflect Non-Extraditable (NOEX), indicate NOEX at the top of the Form 08.48.00 and forward the completed form to the WTU, Records and Identification Division. 

728.23 WARRANT AMENDMENT. When additional information that will significantly assist in identifying or eliminating a warrant suspect is gained subsequent to initial warrant entry, the concerned investigating officer shall complete a Warrant Information, Form 08.48.00, in the same manner delineated in warrant removal procedures. The "Warrant Amendment" box at the bottom of the Form 08.48.00 shall be checked, and new descriptive or explanatory information should be entered in the "Additional Information" section of the Form 08.48.00.

730. INTERVIEWING.

730.10 SUSPECTS, ADMONITION OF MIRANDA RIGHTS. (4/202.10).

730.20 SUBJECTS DETAINED AT JUVENILE HALL. Prior to proceeding to Juvenile Hall to interview a detained juvenile, an investigating officer shall telephonically contact the Juvenile Hall Intake and Detention Control (IDC) Officer to determine whether the juvenile has requested to have an attorney and to determine when the juvenile may be interviewed.

The investigating officer may proceed to Juvenile Hall and request an interview with the juvenile only after it has been determined that an attorney has not been requested.

Note: If the juvenile has requested an attorney and the investigating officer deems it necessary to interview the juvenile, the investigating officer shall request a member of the IDC staff to contact the concerned private attorney or public defender to determine if and when the investigating officer may interview the juvenile.

When an interview is scheduled, the IDC Officer will remain present only during the time that the investigating officer advises a juvenile of his or her Miranda rights. The IDC Officer will determine if the juvenile understands and properly waives his or her Miranda rights. If, in the opinion of the IDC Officer, the juvenile does not understand or waive his or her Miranda rights, the IDC Officer will not permit any interview to take place.

Reporting Problems with Personnel or Procedures at Juvenile Hall. When investigating officers, while at Juvenile Hall, experience an immediate problem with personnel or procedures of that facility, the Detention Control Officer should be sought for assistance. If a concerned investigating officer is of the opinion that a problem was not properly resolved or that some further action should be taken, the circumstances may be subsequently reported to the Juvenile Hall Liaison Officer, Juvenile Division, for possible remedial action.

730.50 INTERVIEWS/PHOTOGRAPHS AT LOS ANGELES COUNTY - USC MEDICAL CENTER.

Patient Not a Prisoner. An officer desiring to interview or photograph a patient at the Los Angeles County‑USC Medical Center who is not a prisoner shall:

  • Contact the Hospital Security Office to obtain a "Special Pass and Consent of Patient," LAC‑USCMC Form 664, prior to entering into any patient care area;

Exception: The LAC‑USCMC Form 664 is not required and officers do not have to report to the Security Office when they wish to interview a patient in the emergency room. However, consider the welfare and care of the patient as a primary concern when conducting emergency room interviews.

  • Submit the LAC‑USCMC Form 664 to the attending physician or Charge Nurse, and briefly explain the purpose of the visit;

  • Ascertain through the attending physician or Charge Nurse if the patient's health status would be jeopardized by the interview and/or photographing; and,

Note: When the patient's health status prohibits interviewing or photographing obtain an estimated time when interviewing or photographing may be accomplished.

  • Contact the Watch Commander, Detective Support and Vice Division, to mediate any conflicts.

Patient is a Prisoner. When an interview of a prisoner is to be conducted at the Los Angeles County‑USC Medical Center, the interviewing officers may go directly to the hospital and present their identification card at the Jail Ward for admittance. Section 4/635 outlines procedures on photographing prisoners.

733. INFORMANTS.

733.10 INFORMANTS - OFFICER’S RESPONSIBILITY. Department policy limits the use of informants to officers who are in investigative assignments. Consequently, uniformed officers are not allowed to use or maintain informants. A uniformed officer who comes in contact with a potential informant shall refer that person to the appropriate investigative entity. Officers shall refer to the current Informant Manual for direction.

733.20 UNDESIRABLE INFORMANT FILE. Refer to current Department Informant Manual for information regarding the Undesirable Informant File.

734. CONFIDENTIAL INFORMANT TRACKING SYSTEM DATABASE. The Confidential Informant Tracking System Database (CITSD) has been created to centralize and better manage information regarding Department informants.

Officer's Responsibility. Prior to utilizing a confidential informant, an officer shall hand-carry (forms shall not be mailed) a copy of the Informant Information Form(s), signed by his or her commanding officer to the Commanding Officer, Gang and Narcotics Division (GND). Informant Information Forms shall only be delivered to GND during normal business hours (non-holiday weekdays, (0800-1700 hours).

Exception: Occasionally, exigent circumstances dictate the necessity of using an informant prior to obtaining written approval. Exigent circumstances exist when a delay in acting upon the information would jeopardize the investigation of a serious crime. In such cases, the managing officer shall request verbal approval from his/her commanding officer, who will contact the Commanding Officer, Gang and  Narcotics Division (GND), for final approval. The Real-Time Analysis and Critical Response Division (RACR) can assist in contacting the Commanding Officer, GND.

Verbal approval shall be documented in the Exceptional Handling Report of the confidential informant package. Additionally, if an emergency request is made and approved, and regardless if the informant is to be used in the future, or if the information is acted upon, an informant package shall be completed and hand delivered to the Commanding Officer, GND, by the managing officer’s next working day, or at the specific time and location as directed by the Commanding Officer, GND, at the time of the verbal approval.

 

Gang and Narcotics Division, Commanding Officer's Responsibility. The Commanding Officer, GND, shall be responsible for coordinating the CITSD program. He or she shall ensure that:

  • All Informant Information Form data is accurately entered into the CITSD; and,

  • Assigned Confidential Informant (CI) numbers are conveyed to the appropriate commanding officers as soon as practicable.

Commanding Officer's Responsibility. Upon receiving a CI number from GND, the originating commanding officer of each Area shall ensure that the CI number is written on all original Informant Information Forms and on the file folder tab of the Informant Control Package. The Informant Control Package, which includes a record of all contacts with an informant, is confidential and shall be maintained in a secure location by the commanding office of the Area or specialized division utilizing the informant.

Informants Used In Conjunction with Another Agency. Informants used in conjunction with another agency are specifically excluded from entry into CITSD. Each commanding officer having an informant(s) falling under this exception shall review the Informant Control Package, verify that the informant is exempted, and write the words “shared with another agency” in red ink on the front of the package. The commanding officer shall include a notation of this review and determination in the informant’s package.

735. DIVISIONAL AND FORMAL SHOW ‑ UPS.

735.05 SCHEDULING AND LOCATION OF FORMAL SHOW ‑ UPS FOR ADULT SUSPECTS. Formal show‑ups for adult suspects shall be conducted in:

  • The Auditorium, Room 100, Parker Center;

  • The Auditorium of the Los Angeles County Central Jail; or,

  • The designated facilities at Los Angeles County Jail.

An investigating officer who desires to have an arrestee shown in a formal show‑up shall notify Robbery Special Section, Robbery‑Homicide Division, by telephone, 24‑hours prior to the desired time of the show‑up. The notification shall include:

  • The arrestee's name, booking number, charge, and physical description;

  • The location where the arrestee is being held;

  • The division conducting the investigation; and,

  • A statement regarding the willingness of the arrestee to stand in a show‑up.

Exception: In unusual circumstances, the investigating officer may request an immediate show‑up by contacting Robbery Special Section, Robbery‑Homicide Division.

735.10 SCHEDULING AND LOCATION OF FORMAL SHOW ‑ UPS FOR JUVENILE SUSPECTS. Formal show‑ups for juvenile suspects shall be conducted at:

  • Central Juvenile Hall (Eastlake);

  • San Fernando Valley Juvenile Hall; or,

  • Los Padrinos Juvenile Hall.

An investigating officer desiring to schedule a juvenile show‑up shall contact the liaison officer at the concerned juvenile facility. Liaison officers are available on court days between 0730 and 1600 hours.

735.15 OFFICERS' DUTIES PRIOR TO PRE ‑ ARRAIGNMENT SHOW‑UPS. Officers who intend to place an arrestee in a show‑up prior to the arrestee's arraignment shall inform the arrestee that he has the right to have an attorney present during the show‑up.

Note: Arraignments shall not be delayed in order to conduct a show‑up.

735.20 OFFICER'S DUTIES PRIOR TO POST ‑ ARRAIGNMENT SHOW‑UP. An officer who intends to show an arrestee in a formal show‑up shall inform the arrestee that:

  • The arrestee has the right to have an attorney present during the show‑up; and,

  • If the arrestee so desires and cannot afford one, an attorney will be appointed without charge.

After the admonition has been given, the officer shall:

  • Determine whether the arrestee understands the right to an attorney; and,

  • Determine whether the arrestee wishes to have an attorney present during the show‑up.

Note: If the arrestee desires an attorney, the investigating officer shall include the attorney's name on the Follow‑up Investigation, Form 03.14.00, (4/735.30).

735.25 ARRESTEE WAIVES ATTORNEY. When an arrestee waives the right to have an attorney present at the show‑up, the concerned investigating officer shall cause the arrestee to read a waiver form, provided by Robbery‑Homicide Division, and, if appropriate, to sign the waiver. The investigating officer shall retain the following in the Case Investigation Envelope, Form 15.15.00, when appropriate:

  • Statements indicating the arrestee's understanding of his/her right to have an attorney present at the show‑up;

  • Statements indicating the arrestee's waiver of his/her right to the presence of an attorney during the show‑up; and,

  • The waiver form, signed by the arrestee.

Note: If the arrestee waives his/her right to the presence of an attorney but refuses to sign the waiver form, a statement indicating the arrestee's refusal to sign shall be documented on the waiver form and on a Follow‑Up Investigation, Form 03.14.00.

735.30 ARRESTEE REQUESTS ATTORNEY. When an arrestee has retained an attorney or has one appointed to be present at the show‑up, the investigating officer shall:

  • Notify both the prosecuting and defense attorneys as to the date, time and location of the show‑up immediately after the show‑up is scheduled by Robbery Special Section, Robbery‑Homicide Division; and,

  • Include the name of the attorney, the date, and the time of the notification on the Follow‑up Investigation, Form 03.14.00.

In the case of a pre‑arraignment show‑up, if the arrestee requests a private attorney, that attorney must be able to appear within 12‑24 hours of being notified. If the private attorney cannot appear within that time period, the arrestee shall be advised that:

  • The arrestee does not have the right to have that particular attorney present at the show‑up;

  • The arrestee may request a public defender at the show‑up or the arrestee may appear without counsel; and,

  • If the arrestee refuses to appear in the show‑up, it will be commented on in a court of law.

Note: Formal pre‑arraignment show‑ups without counsel are permitted only under exigent circumstances unless the arrestee waives the right to counsel.

735.35 ATTORNEY PRESENT AT SHOW ‑ UP. Upon request by an attorney representing an arrestee in a show‑up, the investigating officer shall ensure that the attorney is:

  • Given an opportunity to confer with his/her client before the show‑up;

  • Allowed to observe the entire line‑up prior to the show‑up;

  • Allowed to attend the show‑up session in the capacity of an observer only; and,

  • Allowed to attend the identification process which follows the show‑up, in the capacity of an observer only.

Note: The investigating officer shall make a note on the Follow‑up Investigation, Form 03.14.00, of any objection made by the arrestee's attorney. A copy of the Follow‑Up Investigation, Form 03.14.00, shall be retained in the respective case folder.

735.40 DEFENSE ATTORNEY NOTIFIED BUT FAILS TO ATTEND. When an attorney who has been notified that an arrestee requested his/her presence at a show‑up and the attorney fails to appear, the investigating officer shall delay the show‑up and attempt to contact the attorney representing the arrestee.

Note: If unable to contact the attorney, be guided by the advice of the prosecuting attorney.

735.45 ARRESTEE REFUSES TO PARTICIPATE IN SHOW ‑ UP. The investigating officer shall advise an arrestee who refuses to participate in a pre or post arraignment show‑up, or an attorney who advises the arrestee not to participate in a pre or post‑arraignment show‑up that:

  • The show‑up is for elimination or identification purposes only;

  • The arrestee does not have a right to refuse to participate in any phase of the show‑up; and,

  • The refusal of an arrestee to participate in a show‑up may be introduced in a court of law.

The investigating officer shall ensure that:

  • Circumstances of a refusal are documented on the Line‑Up Refusal, Form 12.02.00;

  • Circumstances of the refusal are documented on the Follow‑Up Investigation, Form 03.14.00; and,

  • The arrestee has signed the Line‑Up Refusal, Form 12.02.00, if possible.

Note: Force shall not be used to compel an arrestee to participate in a show‑up. If an arrestee refuses to participate, the investigating officer shall follow the procedure for identifying the arrestee through the use of photographs (4/738.05).

735.55 ATTENDANCE OF VICTIMS OR WITNESS AT SHOW ‑ UP. Each victim or witness who might identify an arrestee as the perpetrator of a crime shall be informed of the date, time, and location of the show‑up at which the arrestee is to be shown.

735.70 TRANSPORTATION OF ADULT ARRESTEE FOR FORMAL SHOW ‑ UP. If an adult arrestee in custody is to appear in a formal show‑up, the concerned investigator shall transport the arrestee to the location of the scheduled show‑up in accordance with the following procedure:

Metropolitan Jail Section. Two hours prior to the scheduled show‑up;

Los Angeles County Central Jail (Inmate Reception Center). As directed by Robbery Special Section, Robbery‑Homicide Division; and,

Los Angeles County Jail. As directed by Robbery Special Section, Robbery‑Homicide Division.

735.80 ARRESTEE POSSIBLY INVOLVED IN OTHER JURISDICTIONS. The investigating officer shall send a teletype notification (4/170.04) to all detective division commanding officers and concerned outside investigating agencies when an arrestee appearing in a formal show‑up is believed to be involved in crimes committed in the concerned jurisdiction.

735.90 RESULTS OF FORMAL SHOW ‑ UPS TELETYPED. At the conclusion of a formal show‑up, the officer in charge shall send a teletype of the results (4/170.08) to all detective division commanding officers and the Sheriff's Department.

738. PHOTOGRAPHIC IDENTIFICATIONS.

738.05 PHOTOGRAPHIC IDENTIFICATION OF A SUSPECT. An investigating officer who intends to show a suspect's photograph to a victim or witness for the purpose of identification shall:

  • Obtain the suspect's photograph and at least five additional photographs depicting persons of similar appearance;

  • Obliterate, or otherwise remove, all markings such as dates, L.A. numbers, and booking numbers from the photographs or place the photographs in the appropriate Photo Display Folder, Form 15.50.01 or 15.50.2; or Police Bulletin Folder, Form 15.50.03;

  • Make a photocopy of the front and back of the Photo Display Folder or Police Bulletin Folder;

Note: A separate photocopy of the Photo Display Folder or Police Bulletin Folder should be made for each victim or witness identifying the suspect.

  • Read the photographic line‑up admonition printed on the back of the folder to the victim or witness;

  • Have the victim or witness sign the admonition acknowledgment on the Photo Identification Report, Form 15.50.04;

  • Show the entire set of photographs to the victim or witness; and,

  • If the victim or witness makes an identification, the investigating officer shall direct the victim or witness to circle the specific photograph identified on the photocopy of the Photo Display Folder or Police Bulletin Folder. The victim or witness should then initial and record the date and time of the identification on the photocopy of the Photo Display Folder or Police Bulletin Folder.

Note: The investigating officer shall attempt to obtain facts to corroborate the identification by a single victim or witness.

The investigating officer shall cause appropriate comments to be written on the Photo Identification Report when the victim or witness is shown photographs from the Photo Display Folder or Police Bulletin Folder. The victim or witness should sign, initial, and record the date and time that the comments were made in the space provided at the bottom of the form. If an identification is made, the investigating officer should ask each victim or witness if there is anything significant that caused them to select a particular photograph, i.e., how they recognized the person, if the photo is different in any way from their recollection of the suspect, etc. Victims or witnesses should not be told that they have picked the “right” or “wrong” photo.

740. VOICE IDENTIFICATIONS. An officer desiring comparisons of tape‑recorded voices shall:

  • Place his name, division of assignment, the date, and DR number on each tape recording;

  • Label the tape recording of the known voice with the name of the suspect whose voice is recorded;

  • Label the tape recording of the unknown voice with the words "Unknown Suspect;"

  • Cause the tape recordings to be personally delivered to the Criminalistics Section, Scientific Investigation Division; and,

  • Notify the Criminalistics Section, Scientific Investigation Division, of the desired analysis.

742. SEARCH WARRANTS.

742.10 SEARCH WARRANT AND PROBABLE CAUSE ARREST WARRANT PROCEDURES (see also

Section 4/725.12). All Department personnel involved in the service (including the planning and debriefing) of a search or Ramey warrant shall comply with the instructions set forth in the Search Warrant Service Procedures Guide, prepared by Investigative Analysis Section, Detective Bureau. Each commanding officer shall be responsible for maintaining the Search Warrant Service Procedures Guide and ensuring that such procedures are made available to Department personnel. Department personnel shall follow these guidelines when preparing, obtaining, serving, and returning a search warrant.

Officer’s Responsibility.  An officer obtaining a search or Ramey warrant shall;

  • Review the investigation with his/her immediate supervisor;

  • Consult with an on-duty investigative supervisor from the investigative entity responsible for the follow-up investigation;

When the officer’s supervisor agrees that a search or Ramey warrant is the next appropriate step, the officer shall complete the warrant affidavit and supporting documentation, and submit these documents to his/her supervisor for review and approval.

Upon obtaining a search or Ramey warrant issued by a magistrate, the officer obtaining the warrant shall complete all the required information on the Warrant Tracking Log.

Note: In the event an officer’s work location is different from his/her commanding officer’s location, the officer shall cause all required information to be entered on their Area/division’s Warrant Tracking Log.

  • Complete pages 1-6 of the Warrant Service/Tactical Plan Report, Form 12.25.00, and the Search Warrant and Warrant Service/Tactical Plan Checklist, Form 12.25.01 and submit for approval; and,

Exception: For search warrants targeting only global positioning system (GPS) devices or third party records (e.g., telephone, bank records.), no Tactical Plan Report is required. An entry in the Warrant Tracking Log shall be completed, specifically stating "GPS installation only" or “records warrant only” respectively, in the comments box as described below.

  • Maintain (in the Detective Case Package, Control Folder, or Murder Book, as applicable) the search or Ramey warrant and other related documents including the completed Warrant Service/Tactical Plan Report, Property Report Form 10.01.00, Warrant Service/Tactical Plan Checklist, Form 12.25.01, Receipt For Property Taken Into Custody Form 10.10.00, and Addendum to Search Warrant Return (Search Warrant Return) Form to the warrant package.

Note: When information such as the Division of Records number, case number, search warrant number, or booking number is not available, that information shall be entered on the Log as soon as it becomes available.

After the warrant information has been recorded on the Log, the officer may submit the affidavit and supporting documentation for issuance of a warrant.

Note: When a Ramey warrant is not served, the officer who obtained the warrant shall comply with Manual Section 4/725.12 regarding Probable Cause Arrest Warrants.

SUPERVISOR REVIEW OF AFFIDAVIT. The concerned supervisor shall place his/her initials and serial number on the lower right hand corner of each page of the original copy of the affidavit, indicating that he or she has thoroughly reviewed the document.  Supervisors are reminded that every page must be reviewed and initialed in order to document a thorough review.  

Exception:  When a supervisor reviews a search warrant via e-mail due to the affiant being in another County and returns the corrected and reviewed warrant via e-mail, the reply e-mail will constitute a “signature” by the supervisor.  After a judge has signed the warrant and it has been served, the same supervisor shall initial each page of the warrant as otherwise required by this section. 

 

The concerned supervisor shall also review the affidavit to determine if a Tactical Plan Report is required and if a supervisor’s presence at the warrant service is recommended.

 

Exception:  A Tactical Plan Report or Employee’s Report, Form 15.07.00, is not required for search warrants targeting only third-party records (e.g., telephones, bank records, etc.) or for search warrants served at secure locations (e.g., police facilities, jail facilities, prisons, Official Police Garages, crime scenes requiring a Mincey Warrant, etc.) including warrants involving body cavity searches, deoxyribonucleic acid (DNA), blood, urine, saliva, or other bodily fluids.  When determining the security of the warrant service location, and the location is other than a secure facility, the supervisor shall take into account the possibility of the arrival of any suspects, accomplices, or other persons related to the crime.  Should the supervisor feel prudent measures are required, the Tactical Plan Report shall be completed.  Should the supervisor determine that a Tactical Plan Report is unnecessary, he or she shall complete an Employee’s Report, articulating the facts in determining the security of the warrant service location.  This Employee’s Report shall be approved and signed by the Area/specialized division CO and included in the search warrant package.  Should exigent circumstances exist that require immediate approval of the Employee’s Report, the CO’s designee or the Area/specialized division watch commander may do so.

 

A Tactical Plan Report is not required for warrants served after an unplanned tactical operation as described in Fisher v. City of San Jose (e.g., a barricaded suspect).  Officers

obtaining a search or Ramey warrant to be served by an outside agency or a Forward-Looking Infrared (FLIR) warrant (e.g., narcotics investigations, etc.) to be served by Air Support

Division need not complete a Tactical Plan Report.

 

Note:  The supervisor initialing the search warrant and/or Tactical Plan Report for approval shall not be the same as the affiant.

 

Supervisors are reminded that, should a warrant service require a Tactical Plan Report and should the service of the warrant involve multiple locations, a separate Tactical Plan Report

must be completed for each location.

 

SUPERVISOR’S RESPONSIBILITIES.  A supervisor shall be present for all warrant services that require a Tactical Plan Report.  If a warrant service does not require a Tactical Plan Report, the presence of a supervisor is not required.  However, a supervisor’s presence is recommended if such a warrant service is anticipated to yield a significant amount of narcotics or currency.  In addition to guidelines established in Department Manual Sections 4/742.10 and 4/742.30, supervisors overseeing a warrant service shall review the Area/division Warrant Tracking Log to ensure that the concerned warrant is entered and properly updated, and that the return date box is completed.

 

Tactical Plan Report.  Prior to the warrant service, the designated supervisor shall review and determine if a Tactical Plan Report is required.  If the Tactical Plan Report is required, the supervisor shall follow the guidelines established in Manual Section 5/12.25.00.

 

Following the warrant service, the on-scene supervisor shall review the overall service, as well as the Tactical Plan Report, and provide the following:

 

  • A summary of pre/post search conditions (page six);

  • Whether the supervisor was present throughout the entire search;

  • Whether the assigned supervisor ensured all involved personnel received a proper briefing prior to the service;

  • Whether the supervisor ensured the proper documentation of any currency or valuables discovered during the search;

  • Whether the supervisor ensured that a copy of the search warrant was left at the location;

     

    Note:  As a reminder, the reviewing supervisor shall place his/her initials and serial number on the lower right hand corner of each page of the original affidavit.

     

  • Documented confirmation that a debriefing with involved personnel was conducted no later than the next working day after warrant service (page seven); and,

  • A summary of the debriefing no later than the next working day after warrant service.

 

The “Debriefing Summary” section on page seven of the Tactical Plan Report shall, at a minimum, address the following issues:

 

  • Presence/absence of photos, audio, and/or video tapes;

  • Supervisory oversight before, during, and after service of the warrant; and,

  • Date, time, and location of the debriefing, issues discussed, and any training needs identified.

 

Note:  If the supervisor at scene is the same as the warrant affiant, he or she shall not complete the debriefing summary.

 

Notifications. Prior to the service of the warrant, the designated supervisor shall ensure that the following notifications are made:

 

  • Metropolitan Division (Metropolitan Division has the option to decline direct involvement in the service.  Refer to Department Manual Section 4/742.20 for further information.);

  • The on-duty watch commander of the Area where the warrant is being served; and,

  • Any outside law enforcement agency having jurisdiction over the location where the warrant is being served.

 

COMMANDING OFFICER’S RESPONSIBILITIES.  The commanding officer of each Area/specialized division (or designated Area detective’s CO at the rank of lieutenant or above) shall ensure that his or her command is in compliance with Department policy and procedure as it relates to search and Ramey warrant service and:

 

  • Maintain a single location for the Warrant Tracking Logs for his/her command in the Area detectives or specialized division office;

  • Ensure the presence of the affiant at the service of a FLIR warrant;

  • Ensure the presence of a supervisor (Sergeant I, Detective II, or higher), if necessary, during the execution of a search or Ramey warrant;

 

Note:  The presence of a lieutenant or above is required for search or Ramey warrants initiated by any uniformed gang enforcement-related specialized detail or any warrants where uniformed gang enforcement officers act as affiants.  However, a lieutenant or above is not required for warrants using uniformed gang enforcement personnel in a support capacity only.  Additionally, a supervisor need not be present for the service of a FLIR warrant.

 

  • Ensure that the warrant number and return date are entered on the Warrant Tracking Log no later than ten business days from the date of service, with the exception of third-party records warrants;

  • Ensure that the warrant number is recorded on both the Warrant Tracking Log and the first page of the Tactical Plan Report;

  • Sign and date the bottom of the final printout of the Warrant Tracking Log, at the completion of each month; and,         

 

Note:  The return date may not be available to be entered into the return date box of the final printout of the Warrant Tracking Log if the warrant was served on or near the end of the month.  Should this be the case, the investigating officer shall print the return date on the original printout signed by the CO and shall ensure that this date matches the date entered into the DCTS.  The Warrant Tracking Log shall not be reprinted.  The commanding officer shall initial and date the return dates (that were later added to the Warrant Tracking Log).  The monthly printout of the Warrant Tracking Log shall still be submitted to the CO for his or her signature, despite the missing return date.  When the warrant is returned, the investigating officer shall retrieve the original signed Warrant Tracking Log and print the return date where applicable.  The commanding officer must acknowledge the updated information by initialing and dating by the added return date.

 

  • Complete an analysis of the performance of the supervisor providing supervisory oversight (designated supervisor) at the service of a search warrant and document the results on an Employee Comment Sheet.  The Employee Comment Sheet must be completed within seven business days of the warrants execution and include the following information:

 

    • Identity of the designated supervisor assigned (e.g., name, rank, and serial number);

    • Warrant location;

    • Date and time of service;

    • Whether the supervisor’s actions during the service of the warrant were appropriate;

    • Evaluation of the performance of the designated supervisor(s) at each warrant location; and,

    • Any other information deemed by the commanding officer to be pertinent to the designated supervisor’s performance.

 

Note:  As a reminder, commanding officers are required to sign and date the completed Employee Comment Sheet.

 

The Area/specialized division CO, Area patrol CO, detective officer in charge, or their respective designee (of supervisory rank or above) shall designate a Warrant Review Officer (WRO) and ensure that the WRO conducts a timely review of all warrant documentation.

 

WARRANT REVIEW OFFICER – ESTABLISHED.  All Areas/specialized divisions responsible for the service of search and arrest warrants shall designate a WRO in accordance with the guidelines established in this section.  The Warrant Review Officer shall be the rank of Sergeant I, Detective II, or higher and shall conduct a final quality assurance review for completeness and accuracy of all warrant documentation.  This review shall include: 

·         The required notation is included in the Tactical Plan Report indicating that the concerned CO’s review was performed within seven business days after the warrant 

      service;

·         The Warrant Tracking Log entry is complete and accurate;

·         The Property Report and the Receipt for Property Taken Into Custody forms match; and,

·         Any errors, inaccuracies, or omissions within the search warrant package are promptly corrected prior to proper storage.

742.20 SERVICE OF HIGH - RISK WARRANTS. When it is determined that, during the service of a warrant, there may be a confrontation involving a suspect possessing exceptional weaponry or who has a documented violent history, or involving a fortified structure, or other situation exist that may require specialized personnel, training, and/or equipment, the entity responsible for serving the warrant shall contact the Commanding Officer, Metropolitan Division for advice. The Commanding Officer, Metropolitan Division, shall provide the appropriate advice and determine whether SWAT shall be deployed in the service of the warrant.

742.30 SUPERVISION AT SEARCH WARRANT LOCATIONS.

Supervisor’s Responsibility. A supervisor shall be present for all warrant services that require a Tactical Plan

Report.  If a warrant service does not require a Tactical Plan Report, the presence of a supervisor is not required.  However, a supervisor’s presence is recommended if such a warrant service is anticipated to yield a significant amount of narcotics or currency.  In addition to guidelines established in Department Manual Sections 4/742.10 and 4/742.30, supervisors overseeing a warrant service shall review the Area/division Warrant Tracking Log to ensure that the concerned warrant is entered and properly updated, and that the return date box is completed.

 

Search Warrants involving Gang Enforcement Detail (GED)/CLEAR personnel. A lieutenant or above shall be present at the execution of all search warrants where GED/CLEAR personnel are involved in the service of the warrant. When multiple locations are involved, a lieutenant shall coordinate the service of the warrant, and ensure that a supervisor is present at each search warrant location where GED/CLEAR personnel are present.

 

Note:  The presence of a lieutenant or above is required for search or Ramey warrants initiated by any uniformed gang enforcement-related specialized detail or any warrants where uniformed gang enforcement officers act as affiants.  However, a lieutenant or above is not required for warrants using uniformed gang enforcement personnel in a support capacity only.  Additionally, a supervisor need not be present for the service of a FLIR warrant.

Note: At the discretion of the coordinating supervisor, photographs of the pre‑search and post‑search locations may be taken by personnel from the Area or by Scientific Investigation Division photographers, depending upon availability.

Photographs taken are official Department photographs and shall be retained in the detective's case folder at the division having investigative responsibility for the case, together with all other investigative reports connected to the search warrant.

Commanding Officer’s Responsibility. The commanding officer of each Area/specialized division (or designated Area detective’s CO at the rank of lieutenant or above) shall ensure that his or her command is in compliance with Department policy and procedure as it relates to search and Ramey warrant service.

742.40 SERVING SEARCH WARRANTS FOR TOLL ‑ BILL INFORMATION. Investigators shall, prior to serving a search warrant for telephone toll‑bill information, contact Vice Division. Vice Division personnel shall ensure that the investigator is aware of measures to safeguard against premature notification to the subscriber, and shall record appropriate information from the search warrant.

742.50 REQUESTING APPROVAL TO SEARCH NEWS MEDIA FACILITIES. Approval to conduct a search of a news media facility shall be requested, with the approval of the concerned commanding officer, in the following manner:

  • Requests shall be submitted on an Intradepartmental Correspondence Form 15.02.00, signed by the concerned commanding officer, to the concerned bureau and Office. Requests shall be hand carried through the approval chain to the Chief of Police; and,

  • When the Office of the Chief of Police is closed, emergency requests may be made through the Watch Commander, Detective Support and Vice Division (DSVD), with the approval of a staff officer from the concerned bureau. The concerned Office shall be notified on the next working day. The Watch Commander, DSVD, shall secure an approval or denial of the request from the Chief of Police, or Acting Chief of Police. The Watch Commander, DSVD, shall then advise the requesting employee of the denial or approval.

742.60 TELEPHONIC SEARCH WARRANTS. An officer may request a telephonic search warrant if there is probable cause to justify the issuance of a search warrant and a genuine emergency exists that will justify the issuance of a telephonic, rather than a written, search warrant.

Note: A police officer assigned to a non-investigative position shall obtain the approval of the immediate supervisor to initiate a request for a telephonic or facsimile search warrant. If the supervisor concurs, the officer shall contact the concerned detective division or, if the concerned detective division is closed, Detective Support and Vice Division for advice prior to initiating a request for a telephonic search warrant.

In requesting the telephonic search warrant, officer's shall adhere to the following procedures:

  • During normal business hours, the investigating officer requesting a telephonic search warrant shall contact the District Attorney's Office where the case will be filed. During non-business hours, the investigating officer shall contact the District Attorney's Office Command Post for the name and telephone number of the deputy district attorney on‑duty. The investigating officer shall have ready a blank search warrant formset. The investigating officer shall relate to the deputy district attorney all of the elements which substantiate the need for a telephonic search warrant. If he/she concurs, the deputy district attorney will arrange a conference call between a magistrate, the deputy district attorney, the investigating officer, and a recording device located in the District Attorney's Office;

  • When the conference call has been established the investigating officer shall relate to the magistrate all the facts which substantiate the need for a telephonic search warrant. The investigating officer shall then answer any additional questions asked by the magistrate or the deputy district attorney;

  • If, upon conclusion of the investigating officer's statement, the magistrate feels a telephonic search warrant is justified, the magistrate will complete the copy of the search warrant and sign it. The magistrate will then dictate verbatim the contents of the warrant to the investigating officer so that the investigating officer may complete the copy of the warrant. The magistrate will then authorize the investigating officer to sign the date, time, and the magistrate's name to the search warrant;

Note: The investigating officer's copy of the search warrant is a duplicate original warrant and must be completed exactly as directed by the magistrate.

  • The investigating officer, assisted by the field officer or other concerned personnel, may then conduct the authorized search using the duplicate original search warrant. The investigating officer shall enter the warrant. The investigating officer shall enter the exact time of execution on the warrant. The investigating officer shall issue a receipt for any and all property seized during the course of the search;

  • The District Attorney's Office will then transcribe the tape recording of the conference call and notify the investigating officer when it has been completed; and,

Note: When the original request for the telephonic search warrant was made pursuant to a misdemeanor case, the investigating officer shall be responsible for obtaining the tape recording of the conference call from the District Attorney's Office and delivering it to the City Attorney's Office, where the case, if any, arising from the search will be filed. The City Attorney's Office will transcribe the tape and notify the investigating officer when it has been completed.

  • The investigating officer shall then, and under no circumstances more than five days from the date of issuance, obtain the transcript and the tape recording from the District Attorney's Office or City Attorney's Office and deliver these, with the duplicate original search warrant, to the issuing magistrate. The investigating officer shall also prepare a Return to a Search Warrant and deliver it to the issuing magistrate (4/540.90).

As an alternative to obtaining a search warrant solely by telephonic means, an officer may obtain a search warrant by use of a telephone and facsimile machine. The Los Angeles County District Attorney's "By Facsimile" search warrant form shall be used when the facsimile search warrant procedure is employed. An officer requesting a facsimile search warrant shall contact a magistrate by using a standard telephonic search warrant guidelines and shall adhere to the following procedures:

  • Upon instruction from the magistrate, the investigating officers shall transmit by facsimile machine the search warrant and all supporting documents, including the officer's sworn affidavit in support of the search warrant, to the magistrate;

  • The officer shall confirm receipt of the documents by the magistrate;

  • Upon administration of the oath, the officer shall relate to the magistrate all the facts which substantiate the need for a facsimile search warrant. The officer shall then answer any additional questions asked by the magistrate;

  • Upon receipt of the signed warrant facsimile and authorization from the magistrate, the officer shall write "duplicate original" on the signed facsimile;

  • The investigating officer shall obliterate the magistrate's facsimile number from all documents prior to serving the warrant;

  • The duplicate original warrant and the original warrant with all supporting documents shall be returned by personal service to the issuing magistrate within the statutory time limit. The investigating officer shall also prepare a Return to a Search Warrant and deliver it to the issuing magistrate (4/540.90); and,

Note: A telephonic or facsimile search warrant requested by an officer assigned to a non-investigative position shall be reviewed by the officer's immediate supervisor for accuracy, legibility, and compliance with all mandated procedures and guidelines. The supervisor shall also verify that the issuing magistrate's facsimile number has been obliterated from all documents received by the officer prior to service of the warrant.

  • Should a telephonic or facsimile search warrant not be executed after it has been issued, it shall be so marked and returned to the clerk of the issuing magistrate's court.

745. SUBPOENAS - INVESTIGATING OFFICERS' DUTIES.

745.10 SERVICE OF SUBPOENAS TO PRIVATE PERSONS. When a subpoena for a private person is secured by an investigating officer, the officer shall promptly serve the subpoena. When this is impracticable, the officer may request the field services division watch commander of the Area in which the witness resides to cause the service to be made. When served by an investigating officer, subpoenas shall be taken directly to court on the day of the hearing.

745.11 SUBPOENA SERVICE BY MAIL. Subpoena service by mail procedures shall only be used by investigative personnel. When a subpoena for a preliminary hearing is to be served by mail on a private person witness, the concerned detective shall:

  • Determine if the witness is willing to accept the subpoena by mail and is willing to appear in court;

  • Determine if the witness has a permanent or valid mailing address; and,

  • Instruct the witness to acknowledge receipt of the subpoena by telephone, by mail, or in person, and to verify his or her identity by providing date of birth AND driver's license number, or Department of Motor Vehicles Identification Card number.

Note: Subpoena service is not complete until the above criteria are met.

Subpoenas shall be mailed using a plain white envelope. The envelope shall be marked legibly with the address of the witness and a complete return address. Subpoenas shall be mailed through United States mail via intradepartmental mail.

A detective or other employee receiving an acknowledgment for receipt of a subpoena shall record the witness's identification information on the original (sender's) copy of the subpoena and process the original in accordance with the procedures set forth in Section 4/745.10.

If a Department employee who has mailed a subpoena does not receive timely verification that the witness has received the subpoena, the employee shall make a reasonable effort to contact the witness to ensure proper service of the subpoena.

745.12 SERVICE OF SUBPOENAS ON MILITARY PREMISES. Permission shall be secured from the commanding officer of a military base or ship before serving a subpoena on a member of the Armed Forces while on the base or ship.

745.15 SERVICE OF SUBPOENAS TO OFFICERS. When investigating officers secure a subpoena which contains only their names, they shall:

  • Enter the subpoena information on the division's Officer Subpoena Record, Form 15.29.00;

  • Sign the subpoena; and,

  • Return the subpoena to court on the day of the hearing.

When the subpoena contains the names of officers assigned to the same area as the investigating officer who secured the subpoena, the investigating officer shall:

  • Cause a Court Notice, Form 15.57.00, to be completed immediately for each officer named on the subpoena;

  • Place investigating officer's name, serial number, and division of assignment on each Court Notice, Form 15.57.00, completed;

  • Deliver, for service, the completed Court Notices to the watch commander on‑duty at the subpoenaed officers' division of assignment; and,

  • Return the subpoena to court on the day of the hearing.

When the subpoena contains the names of officers, other than those assigned in the same area as the investigating officers, the investigating officers shall:

  • Cause a subpoena teletype to be promptly sent to the watch commanders where these officers are assigned; and,

  • Return the subpoena to court on the day of the hearing.

745.20 EXPERT TESTIMONY REQUIRED. When the testimony of an expert on the Department is desired or required in a trial, the investigating officer shall notify the concerned expert not less than five working days prior to the date of the trial. The notification shall include:

  • The time, date, and place of the trial;

  • Name of the defendant;

  • DR number of the case; and,

  • A description of the evidence about which the expert will be required to testify.

745.25 EXPERT TESTIMONY - CHP ARRESTS. Experts of this Department shall provide expert testimony relative to chemical tests and other investigations performed by them incidental to CHP arrests. Persons requesting such testimony shall be encouraged to give five working days' advance notice.

745.50 INFORMATION TO BE PLACED ON SUBPOENAS. Investigating officers who secure a subpoena shall:

  • Place their names and detail across the upper left corner of the subpoena, on the side containing the names and addresses of the witnesses;

  • Check the names and addresses of the witnesses; and correct any errors; and,

  • Enter, below the witnesses' names and addresses, any business addresses, telephone numbers, and other information which may aid in the service of the subpoena.

In addition to the foregoing, the following information shall be placed on the subpoena below the name and address of the witness when the witness is:

A Doctor. The name of the patient and the date and time of treatment, if the subpoena resulted from a service performed by the doctor.

A Bank or Firm Representative. A statement of what the witness is expected to testify to and any records required, if the subpoena resulted from a service performed by the witness' organization. A subpoena duces tecum may be required to obtain the required records.

An Autopsy Surgeon. The name of the deceased, if the subpoena resulted from an autopsy performed by the surgeon.

A Member of the Armed Services. A statement of why appearance of the witness is necessary, and the name and address of the witness' commanding officer.

745.90 SUBPOENA OF COURT RECORDS FROM THE COUNTY CLERK. Officers desiring to have court records or exhibits from the County Clerk's Office available for presentation in court, shall:

  • Prior to obtaining a complaint, obtain the case number, exhibit number, name of the defendant, and the description of the records desired, from the County Clerk's Office; and,

  • When requesting the complaint from the District Attorney, list and describe those records desired in court on the back of the complaint form, under "Witnesses." The records will be subpoenaed into court by the District Attorney's Office.

When a complaint has already been filed, and an officer desires that court records be available for presentation in court, he/she shall:

  • Obtain two blank subpoenas from Division 30 of the Municipal Court;

  • Obtain the case number, exhibit number, name of the defendant, and description of the records desired, from the County Clerk's Office;

  • Complete the subpoenas and leave a copy with the County Clerk's Office; and,

  • Return the original of the subpoena to Division 30 of the Municipal Court.

Note: Officers shall present a subpoena for court records to the County Clerk's Office at least one day prior to the date of trial.

750. TAKING PRISONERS TO COURT.

750.10 ARRAIGNMENTS. When a felony arrestee is to be taken to his/her arraignment, the investigating officer shall:

  • Obtain the arrestee's personal property and Custody Record.

  • Retain personal property in the sealed plastic envelope.

  • Cause the detention officer to complete a Jail Transfer Record, Form 06.11.00.

  • Obtain the arrestee and transport him to the appropriate court lock‑up.

  • Cause a copy of the Jail Transfer Record, Form 06.11.00, to be signed by the deputy sheriff accepting custody of the arrestee.

  • If the complaint has been obtained, ensure that the complaint is presented to the clerk of the court.

If the complaint has not been obtained, the investigating officer shall:

  • Obtain a complaint from the District Attorney's Office.

  • Ensure that the complaint is filed in the court which will consider the arraignment.

  • Return the signed copy of the Jail Transfer Record, Form 06.11.00, to the division files.

750.12 USE OF LOS ANGELES SHERIFF'S DEPARTMENT TRANSPORTATION OF FELONY ARRESTEES TO ARRAIGNMENT COURT. Investigating officers desiring to use the Sheriff's transportation for arraignment of felony prisoners shall:

  • Obtain a complaint and file it in the appropriate court;

  • Ensure that use of transportation will cause the prisoner to appear in court without unnecessary delay; and,

  • Direct the custodial detention officer to transfer the arrestee on the next available transportation to the specific arraignment court by:

  • Sending a teletype ordering transfer of the arrestee, or,

  • Signing a Jail Transfer Record ordering the transfer of the arrestee.

750.18 ARRAIGNMENT - ARRESTEE IN COUNTY JAIL SYSTEM. When a non-warrant felony arrestee in custody in the County Jail System is to be arraigned, the investigating officer shall:

  • Obtain a complaint from the District Attorney's Office; and,

  • Cause a teletype to be sent to the custodial detention officer indicating the date and time that arraignment is requested, and the arraignment court.

Note: If the arrestee is to be arraigned in a morning court session, notification shall be made the day before. If the arrestee is to be arraigned in an afternoon session, notification shall be made not later than 0900 hours of the arraignment date.

750.20 FELONY ARRAIGNMENT DELAY BY COURT ORDER. When a felony arrestee confined in the Los Angeles County‑USC Medical Center Jail Ward is in such medical condition that he/she cannot be taken to court for arraignment within forty‑eight hours from the time of his/her arrest, the investigating officer shall:

  • Request a Los Angeles County‑USC Medical Center physician to complete a Declaration of Physician, County Form Sh‑Cr‑409; and,

  • Present two copies of the form, along with the warrant, to the concerned court.

Note: When the arrestee has been booked originally on a warrant, the investigating officer shall present only the two copies of the Declaration of Physician, County Form Sh‑Cr‑409, to the concerned court.

The Court Order. The court will issue an order to the Sheriff directing the arrestee to be held upon the warrant and arraigned when his or her condition permits.

Release or Change of Status. When the arrestee is to be released or the charge is reduced from a felony to a misdemeanor prior to arraignment, the concerned investigating officer shall:

  • Notify the Criminal Records Section, Records and Identification Division.

  • Cause a notification teletype to be sent to the Sheriff's Warrant Detainer Section.

When the charge is reduced from a felony to a misdemeanor, the concerned investigating officer shall attach two copies of the Declaration of Physician, County Form Sh‑Cr‑409, to the misdemeanor complaint.

750.30 ARRAIGNMENT INFORMATION. When an investigating officer has a felony prisoner to be arraigned in Division 30 of the Municipal Court but does not remain in court for the arraignment, he/she shall deliver one copy of the arraignment information report to the court officer.

755. UNFOUNDING OF REPORTS.

755.10 TELEPHONE REQUESTS FOR UNFOUNDING OF REPORTS. An officer or record unit clerk receiving a telephone call from a private person requesting unfounding of a crime, lost, or stolen property report shall transfer the call to the concerned investigative division.

Exception: Persons telephoning a vehicle recovery report shall be told to make a signed report at the nearest police station.

755.20 LETTER RECEIVED REQUESTING UNFOUNDING OF A REPORT. A letter received from a private person requesting unfounding of a crime, lost, or stolen property report shall be forwarded to the commanding officer of the concerned investigative division.

755.80 UNFOUNDING OF REPORTS. Reports shall be unfounded on a Follow‑up Report, Form 03.14.00, except when the following are involved:

Vehicles. Unfounding of reports of lost or stolen vehicles shall be reported on a Vehicle Report, CHP Form 180.

760. BULLETINS AND WANTS.

760.10 LOS ANGELES POLICE BULLETINS. The Los Angeles Police Bulletin shall be used to disseminate information on the following:

  • Wanted or missing persons;

  • Items involved in an investigation;

  • Crimes having distinctive modus operandi;

  • Subject matter so unique or extensive that special attention is desirable; and,

  • Cancellation of any of the above information.

760.12 SUBMITTING INFORMATION TO BE INCLUDED IN A LOS ANGELES POLICE BULLETIN. An officer submitting information to be included in a Los Angeles Police Bulletin shall:

  • Complete an original and two copies of a Police Bulletin Request/Cancellation, Form 15.32.00;

  • Upon the approval of officer's division commanding officer, submit the original and one copy of the Form 15.32.00, photographs of wanted or missing person(s) or other items, a copy of the suspect's CII and LA rap sheets, and a copy of any related warrant teletypes, to the Investigative Analysis Unit, Detective Bureau; and,

  • Retain one copy of the Form 15.32.00 for unit files.

760.14 PROCESSING REQUESTS FOR INFORMATION.

Investigative Analysis Unit. Upon receiving a request to include information in a Los Angeles Police Bulletin, Investigative Analysis Unit shall:

  • Verify that the criminal information included on the Form 15.32.00 corresponds to the information on the suspect's LAPD rap sheets and related warrant teletypes;

  • Obtain suspect's fingerprints from Records and Identification Division; and,

  •    Coordinate bulletin printing and distribution.

Note: Investigative Analysis Unit shall maintain a file of Forms 15.32.00 received and a file of published bulletins.

760.16 SUBMITTING CANCELLATION INFORMATION. When the objective of the Los Angeles Police Bulletin has been met, the concerned investigating officer shall, when appropriate:

  • Complete an original and three copies of a Police Bulletin Request/Cancellation, Form 15.32.00;

  • Upon the approval of his or her division commanding officer, submit the original and two copies of the Form 15.32.00 to the Investigative Analysis Unit; and,

  • Retain one copy of the Form 15.32.00 for unit files.

760.18 PROCESSING REQUESTS FOR CANCELLATION OF INFORMATION.

 

Investigative Analysis Unit. Upon receiving a request to cancel information included in a Los Angeles Police Bulletin, Investigative Analysis Unit shall:

  • Verify that the information on the Form 15.32.00 cancellation request correctly corresponds with the information on the Police Bulletin to be canceled, and that the cancellation has been approved by the concerned detective commanding officer; and,

  • Include the cancellation information in the next appropriate Los Angeles Police Bulletin with a distribution equal to, or greater than, the bulletin to be canceled.

760.20  BLUE ALERT SYSTEM.  A Blue Alert is intended to solicit help from the public in the safe and swift apprehension of violent suspects that have killed or seriously injured law enforcement officers and who continue to pose a threat to public safety.

 

The following are guidelines for the initiation of the Blue Alert System.

 

Robbery-Homicide Division’s Responsibilities.  Robbery-Homicide Division (RHD) shall be responsible for notifying Real-Time Analysis and Critical Response (RACR) Division if a Blue Alert is needed.  The Blue Alert shall be requested by RACR Division through the CHP if all of the following conditions are met:

 

·        A law enforcement officer has been killed, has suffered serious bodily injury, or is assaulted with a deadly weapon, and the suspect has fled the scene of the offense;

·        A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel;

·        A detailed description of the suspect’s vehicle or license plate is available for broadcast; and,

·        Public dissemination of available information may help avert further harm or accelerate the apprehension of the suspect.

 

Note:  Nothing in this Order shall compel RHD to release any information they deem not suitable for release to the public.

 

As soon as there is sufficient information for a Blue Alert, the assigned RHD investigator shall immediately contact RACR Division.

 

Once RACR Division receives a Blue Alert approval from the CHP, the assigned RHD investigator should contact Media Relations Section personnel, who shall prepare a press release based on the information articulated on the Blue Alert and disseminate the release to the appropriate news wire services and media outlets.

 

Note:  The assigned RHD investigator shall be responsible for contacting RACR Division to cancel the CHP’s Blue Alert and Communications Division broadcasts.

 

Real-Time Analysis and Critical Response Division’s Responsibilities.  Real-Time Analysis and Critical Response Division shall contact the CHP’s Emergency Notification and Tactical Alert Center to initiate the Blue Alert.  Once the Blue Alert is approved by the CHP, RACR Division shall contact Communications Division and request that a Blue Alert be broadcasted every hour.  Real-Time Analysis and Critical Response Division shall contact the assigned RHD investigator to indicate that the CHP approved the Blue Alert, so that the assigned RHD investigator can contact the Media Relations Section. 

 

Real-Time Analysis and Critical Response Division shall contact the CHP to cancel the Blue Alert and contact Communications Division to cancel the broadcasts upon notification from the assigned RHD investigator. 

 

Communications Division’s Responsibilities.  The Watch Commander, Communications Division, shall ensure that the hourly Blue Alert broadcasts are made, until they are canceled.

 

760.80 FELONY WANTS IN STOLEN VEHICLE SYSTEM. When the follow‑up investigator determines that a vehicle connected with a felony, other than the theft of the vehicle, should be entered into the Stolen Vehicle System, he/she shall direct a Felony Want teletype to the Vehicle Information Processing Unit, Records and Identification Division.

Note: The information will remain in the Stolen Vehicle System for ninety days before it is automatically purged.

When the follow‑up investigator determines that a vehicle should be removed from the Stolen Vehicle System, or remain in the Stolen Vehicle System beyond the 90‑day period, he/she shall submit a request via teletype to the Vehicle Information Processing Unit, Records and Identification Division.

760.85 CANCELLATION OF FELONY WANTS OTHER THAN GRAND THEFT AUTO (GTA) ON THE HOT SHEET. When an officer determines that a vehicle license number should be removed from the Stolen Vehicle System, he/she shall cancel the vehicle portion of the All Points Bulletin or the want broadcast through Communications Division.

762. REQUESTS FOR STATISTICAL SERVICES.

762.30 REQUESTS ORIGINATING WITHIN THE DEPARTMENT. Statistical information shall be requested in the following manner:

  • Requests of an emergency nature for suspect or modus operandi "runs" may be made directly to the Automated Information Section, Information Technology Division;

Note: Routine requests for M.O. runs are made through Investigative Analysis Unit.

  • Requests for statistical information routinely compiled or published may be made directly to the Automated Information Section, Information Technology Division; and,

  • Requests for information not routinely compiled or available in existing files shall be forwarded to the Commanding Officer, Information Technology Division. Each request shall include the specific information required, with a statement showing the need, purpose, urgency, and deadline, and the name and unit of the employee requesting the information.

762.60 REQUESTS ORIGINATING OUTSIDE THE DEPARTMENT. Requests for statistical information by individuals or agencies, outside the Department shall be referred to Community Relations Section.

762.70 REQUESTING A FIELD INTERVIEW CHECK. Officers desiring a check of the Automated Field Interview System shall make a telephonic request to the Automated Field Interview Unit. The request shall include as much information as possible to facilitate a search of the files.

When an immediate file check is necessary and this office is closed, requests shall be made telephonically to Detective Support and Vice Division.

765. LIAISON WITH OTHER AGENCIES.

765.10 REQUESTING INFORMATION FROM A CORPORATION OR A UTILITY. A request to a corporation or a public utility for information shall be made to the office of the Chief Special Agent of the concerned corporation or utility.

765.30 REQUESTING INFORMATION FROM THE POST OFFICE. When information regarding an arrestee or suspect is desired from the United States Post Office, the investigating officer shall:

  • Complete, as far as possible, a Post Office Information Request or Want Notice, Form 12.23.00; and,

  • Forward the completed Form 12.23.00 to the Commanding Officer, Detective Support and Vice Division.

765.50 ARRESTEE SUSPECTED OF CRIMES IN THIS AND OTHER JURISDICTIONS -NOTIFICATIONS.

Jurisdiction Within the State. When an arrestee is believed to have committed crimes in this jurisdiction and in another jurisdiction within the State, the investigating officer shall:

  • Notify the Fugitive Warrants Section, Detective Support and Vice Division; and,

  • Notify the other jurisdiction.

Notifications shall include the information that a case is pending against the arrestee.

Jurisdiction Outside the State. When an arrestee is believed to have committed crimes in this jurisdiction and in another jurisdiction outside the State, the investigating officer shall notify the Fugitive Warrants Section, Detective Support and Vice Division. (4/201.30)

765.52 SUSPECT ARRESTED IN POSSESSION OF PROPERTY STOLEN OUTSIDE OF THE CITY.

Within the State. When a suspect is arrested for, or in, possession of property reported stolen outside the City, but within the State, the concerned investigating officer shall, in addition to other appropriate Department procedures:

  • Notify and furnish a copy of the arrest report to the appropriate police agency in the jurisdiction of the theft;

  • Attempt to confer with the concerned investigating officer of the outside police agency in order to evaluate which jurisdiction, if any, appears to have the stronger prosecutorial case;

  • Make a recommendation to the respective prosecutors based upon the results of the evaluation of the case;

  • Contact Fugitive Warrants Section, Detective Support and Vice Division, if the arrestee is to be extradited to another county; and,

  • Contact the District Attorney's Office for advice if difficulties are encountered with any outside agency.

Outside the State. When a suspect is arrested within the City for, or in, possession of property stolen outside the State, the investigating officer shall notify Fugitive Warrants Section, Detective Support and Vice Division, for advice.

765.54 OUTSIDE AGENCY ARRESTING SUSPECT IN POSSESSION OF PROPERTY STOLEN WITHIN THE CITY.

Outside Agency Within the State. When notified that an outside police agency within the State has arrested a suspect for, or in, possession of property reported stolen within the City of Los Angeles, the concerned investigating officer of this Department shall:

  • Request a copy of the outside agency's arrest report of the suspect(s);

  • Attempt to confer with the concerned investigating officer of the outside police agency in order to evaluate which jurisdiction, if any, appears to have the stronger prosecutorial case;

  • Make a recommendation to the respective prosecutors based upon the results of the evaluation of the case;

  • Contact Fugitive Warrants Section, Detective Support and Vice Division, if extradition of the arrestee appears appropriate;

  • Contact the District Attorney's Office for advice if difficulties are encountered with any outside agency; and,

  • When the stolen property is a vehicle, notify the victim within 48 hours, excluding weekends and holidays, and inform the victim of the location and condition of the vehicle; and notify the registered and legal owners, in writing, concerning the status of the vehicle.

Out of State Agency. When notified that a police agency outside the State has arrested a suspect for, or in, possession of property reported stolen within the City of Los Angeles, the concerned investigating officer of this Department shall notify Fugitive Warrants Section, Detective Support and Vice Division, for advice.

Additionally, when the outside agency's recovered property is an LAPD reported stolen vehicle the concerned investigating officer of this Department shall, after verifying the recovery and location of the vehicle:

  • Notify the victim within 48 hours, excluding weekends and holidays, and inform the victim of the location and condition of the vehicle;

  • Notify the registered and legal owners, in writing, concerning the status of the vehicle;

  • When a Subrogated Property Notification, Form 10.17.00, is on file, notify the subrogator that the vehicle has been recovered; and,

  • Document the notification information on the vehicle report work copy.

765.56 SUSPECT ARRESTED IN POSSESSION OF PROPERTY STOLEN WITHIN THE CITY BUT OUTSIDE THE AREA OF ARREST. When a suspect is arrested for, or in, possession of property reported stolen in an Area other than the Area of arrest, the investigators from the concerned Areas shall evaluate the merits of the case prior to making a decision on whether to request that a complaint be filed.

765.60 REQUESTS FOR LETTERS OF RECOMMENDATION FOR INDEMNIFICATION OF PRIVATE CITIZENS. When a request for a letter of recommendation for a private citizen is received from the State Board of Control, the commanding officer or officer in charge of the division or section responsible for the follow‑up investigation of the initial incident from which the claim for indemnification resulted shall cause the letter of recommendation to be prepared. The letter shall be forwarded to the concerned bureau commanding officer for review and approval. The content of the letter shall be limited to:

  • The DR number of the concerned report(s),

  • A statement that the incident from which the claim has resulted did occur, and,

  • The recommendation that indemnification be made based on a review by the State Board of Control of the facts of the case.

A recommendation that a claim be considered invalid shall apply only in cases where:

  • The incident did not occur, or an involvement of the person making the claim cannot be substantiated; or,

  • The victim of a crime has not cooperated in a subsequent prosecution of persons responsible for the commission of the offense.

No attempt shall be made to ascertain the extent of an injury or the monetary losses resulting from the involvement of a claimant as the California Government Code provides that this determination be made by another agency. Legible copies of reports relating to the incident shall accompany the letter as enclosures.

765.70 INFORMATION REQUESTED BY PROBATION DEPARTMENT. An officer receiving a reference letter, Form 01.14.00, from the Adult Division, Los Angeles County Probation Department, regarding an arrestee shall, without delay, complete the form and return it to the originating office via Department mail.

765.75 REQUESTING INFORMATION FROM PROBATION DEPARTMENT. When information is desired from the Los Angeles County Probation Department's Index, the investigating officer shall use the 194 County tie‑line. The officer shall give the operator the last name of the subject after requesting to be connected with the Probation Department Index. The investigating officer shall furnish:

  • The name of the arrestee or subject;

  • Any aliases he/she has used; and,

  • His prior record.

If the information concerns a juvenile or the information is needed but cannot be obtained from the Probation Department Index, the officer shall request to be connected with the Inter‑Agency Contact Officer of the Probation Department.

765.80 DETENTION AND ARRESTS OF FOREIGN NATIONALS - NOTIFICATIONS. The Vienna Convention on Consular Relations is a treaty signed by over 140 countries including the

United States (U.S.). This Treaty guarantees that individuals arrested or detained (for more than two hours) in a designated foreign country, must be notified by police of their right to speak to a consular

officer from their country's consulate. If a foreign national (defined as any person who is not a U.S. citizen) is arrested or detained (for more than two hours), officers shall cause such notification to be

made without delay. Certain countries require mandatory consular notification by police when their citizens are arrested or detained for more than two hours. This notification shall be made without

delay, regardless of the foreign national's request to the contrary.

 

California Penal Code Section 834c mandates that California peace officers comply with the spirit of the Treaty for handling the arrest or detention (for more than two hours), of a known or suspected

foreign national.

 

Officers may become aware an arrestee or detainee is a foreign national:

 

  • When informed by the arrestee/detainee;

  • When presented with a foreign passport or an alien registration document;

  • Through reliable third-party information [e.g., another officer, family member, interpreter, or National Crime Information Center (NCIC) check], or

  • During the booking process or completion of a Field Interview Report, Form 15.43.00, the arrestee/detainee indicates that they were born in a foreign country, or names a foreign country as

their place of birth or residence.

 

Employees must never ask an arrestee/detainee about their legal status in the U.S.

 

Note: For foreign nationals who qualify for immunity from arrest or detention, employees should refer to Department Manual Section 4/284.10, Diplomatic and Consular Contacts.

 

Department employees shall comply with the following procedures when they become aware that an arrestee or a person detained (for more than two hours) is a foreign national.

 

Arresting/Detaining Officer's Responsibilities. If during an arrest, detention or booking process, the arresting/detaining officer becomes aware that the arrestee/detainee is a foreign national, the officer

shall:

 

  • Ask the arrestee/detainee if they are a U.S. citizen;

  • If the arrestee/detainee states that he/she is not a U.S. citizen, determine the arrestee's/detainee 's country of citizenship and whether that country is subject to mandatory or optional notification protocols;

  • Advise the foreign national that he/she has a right to communicate with an official from the consulate of his/her country;

  • During the booking process, advise the detention officer of the arrestee's foreign national status for appropriate action; or,

  • During the detention (if detained for more than two hours):

 

    • Provide the detainee with a Foreign National Advisement, Form 02.11.00, complete the applicable sections of the form, and have the detainee sign it;

    • Telephonically notify the Jail Division Watch Commander (WC) of the detainee's foreign national status for appropriate action;

    • Provide the telephone number of the consular office to the detainee;

    • Fax/scan and email a copy of the Foreign National Advisement form without delay to the Jail Division WC; and,

    • As soon as practicable, hand-deliver or send, via intradepartmental mail, the original Foreign National Advisement form, to the Jail Division WC.

 

Note: Real-Time Analysis and Critical Response Division must be contacted for guidance when a detainee claims to be a diplomatic agent, a career consular officer, an honorary

consular officer, or a family member or employee of such agent.

 

Detention Officer's Responsibilities: When advised by the arresting officer that an arrestee is a foreign national, the detention officer shall:

 

·    Provide the arrestee with a Foreign National Advisement form, complete the applicable sections of the form and have the arrestee sign it;

 

Note: In the event the arrestee does not understand the Foreign National Advisement form due to a language barrier, a Foreign National Advisement form in his/her appropriate language or

Department translation services shall be provided. A copy of the Foreign National Advisement in foreign languages may be located in the Consular Notification and Access Handbook with

the WC or available online at (http://travel.state.gov/law/consular/consular_753.html).  A copy of the Foreign National Advisement in the person's appropriate language must be

attached with the original Foreign National Advisement form.

 

·    Whether the notification is optionally requested or mandatorily required, complete a Notification of Arrest/Detention of a Foreign National, Form 02.11.01, and fax/scan and email it to the  appropriate consular office;

·    Provide the telephone number of the consular office to the arrestee; and,

·    The original Notification of Arrest/Detention of a Foreign National form and the Foreign National Advisement form must be filed at Jail Division.

 

If requested by the arrestee, the detention officer shall:

 

  • Ensure that the arrestee is allowed access to a telephone to contact their country's consular office;

  • Permit a consular officer to visit the arrestee; and,

  • Permit a consular officer to telephonically speak with the arrestee, when the consular officer is unable to personally visit the arrestee.

 

Jail Division Watch Commander's Responsibilities. When notified that a foreign national has been or will be detained for more than two hours and will not be booked, the Jail Division WC shall:

 

  • Determine whether the foreign national's country is subject to mandatory or optional notification;

  • If either optionally requested or mandatorily required, complete a Notification of Arrest/Detention of a Foreign National form;

  • Fax/scan and email a copy of the Notification of Arrest/Detention of a Foreign National form to the detained foreign national's appropriate consular's office;

  • Cause the detaining officer to provide the telephone number of the consular office to the detained foreign national; and,

  • File the original Notification of Arrest/Detention of a Foreign National form and the Foreign National Advisement form at Jail Division.

 

If requested by the detained foreign national (if detained for more than two hours), the Jail Division WC shall:

 

  • Ensure that the detained foreign national is allowed access to a telephone to contact the consular office;

  • Permit a consular officer to visit the detained foreign national; and,

  • Permit a consular officer to telephonically speak with the detained foreign national, when the consular office is unable to personally visit the detained foreign national.

 

Area Commanding Officers' and Jail Division Commanding Officer's Responsibility.  Area commanding officers and the Jail Division Commanding Officer must ensure that officers and detention officers adhere to the procedures within this section.

 

Real-Time Analysis and Critical Response Division Responsibilities. Real-Time Analysis and Critical Response Division must make the appropriate inquiries when they become aware that a detainee claims to be a diplomatic agent, a career consular officer, an honorary consular officer, or a family member or employee of such agent.

 

765.85 RECEIPT OF INTERPOL REQUESTS. Any Department entity receiving an INTERPOL request for investigative assistance shall forward the request to Detective Support and Vice Division. Detective Support and Vice Division shall coordinate all such correspondence and, when necessary, assign the investigation to the appropriate Department entity.

767. LICENSE TO CARRY CONCEALED FIREARMS.

767.05 REQUESTS FOR LICENSE. All requests for licenses to carry a concealed firearm shall be acted upon, by the Chief of Police.

Employee’s Responsibility. When any person requests to apply for a concealed weapon license, a Department employee shall:

  • Provide the applicant with a Department of Justice, Form BCIA 4012;

  • Provide the applicant with a copy of the Department’s Concealed Weapon License Operational Policy; and,

  • Advise the applicant that upon completion of the application, he/she shall schedule an appointment with the Gun Unit, DSVD, as instructed in the Department’s Concealed Weapon License Operational Policy.

Questions concerning concealed firearms licenses or requests for applications shall be referred to the Gun Unit, Detective Support and Vice Division.

767.10 INVESTIGATING REQUESTS. Upon receiving a request for the investigation of an application for a license to carry a concealed firearm the Gun Unit, Detective Support and Vice Division, shall:

  • Investigate all applications for concealed weapon licenses; and,

  • Forward the application with recommendations via his/her chain of command to the Office of the Chief of Police for approval/denial.

770. PAWNSHOP PROCEDURE.

770.05 PAWNSHOP - DEFINED. For the purposes of this section, "pawnshops" shall be defined as any pawnshop, junk yard, or store dealing in used or secondhand merchandise.

770.10 HOLD - DEFINED. A hold or hold order is an order by an officer directing a pawnshop or secondhand dealer permittee (2/480.59) to maintain custody and control over specified property until the hold or hold order is removed.

770.20 STOLEN PROPERTY. A hold shall be placed on stolen property when it is identified in a place of business which is required to possess a pawn shop or secondhand dealer permit (2/480.59).

770.30 HOW TO PLACE A HOLD ON PAWNED PROPERTY. When an officer desires to place a hold on property in a business required to possess a pawn shop or secondhand dealer permit (2/480.59), he shall:

  • Place his/her signature, serial number, division of assignment, date, related DR number (if known), and the word "hold" in the permittee's pawn or buy book;

  • Immediately notify the Pawnshop Section, Burglary Special Section, Commercial Crimes Division;

  • Immediately notify the operations support division in which the crime occurred when the officer placing the hold is not assigned to that division; and,

  • When the crime occurred outside the City, notify the concerned jurisdiction.

770.40 WHEN TO RELEASE A HOLD ON PROPERTY. A hold placed on property at a place of business which is required to possess a pawnshop or secondhand dealer permit (2/480.59) shall be released:

  • Immediately, upon the discovery that the property is not lost, stolen, or evidence; and,

  • After ninety days, when extensive efforts to locate and identify the legal owner have failed.

Exception: When the legal owner has been identified, but is not available to receive the property, the hold may continue for a longer period of time to allow the owner to claim the property.

770.50 HOW TO RELEASE HOLDS ON PROPERTY. When a hold is to be released on property, the concerned officer shall notify the Pawnshop Section, Burglary Special Section, listing the following information, if known:

  • Victim's name and address;

  • Suspect's name;

  • Description of property to be released;

  • Permittee's business name and address;

  • Permittee's loan or buy number;

  • DR number; and,

  • Authorizing officer's name, serial number, and division of assignment.

An assigned pawnshop investigating officer, upon receiving the above information, shall:

  • Personally notify the permittee of the released hold; and,

  • Place in the pawn or buy book the words "Hold Released," his/her signature, serial number, date, and division of assignment.

770.60 REQUESTS FOR HOLDS - OUTSIDE AGENCIES. When an agent from an outside law enforcement agency requests a hold to be placed on property in a business within the City which is required to possess a pawn shop or secondhand dealer permit, the concerned officer shall:

  • Prepare a letter in duplicate to the requesting agent informing him/her that the hold will be placed for a maximum period of ninety days, and that a written or teletype request for the placing of the hold is required from his/her department;

  • Send the original letter to the requesting agent and file the copy in the "Hold" file; and,

  • Place a hold on the article (4/770.30).

Note: The hold shall be released (4/770.50) if no communication concerning retaining or releasing a hold is received from the requesting agent within ninety days.

770.70 RELEASING PROPERTY TO THE LEGAL OWNER. When held property is available for release to the legal owner, or his/her agent, the concerned officer shall:

  • Release the hold on the property (4/770.50);

  • Complete, in triplicate, a Legal Aspects of Reclaiming Property, Form 12.43.00;

  • Send the first page of the form to the legal owner or his or her agent;

  • Direct the legal owner, or his or her agent, to present the Form 12.43.00 to the permittee in order to claim his or her property;

  • Place the second page of the Form 12.43.00 in the Pawnshop Hold package; and,

  • Cause the third page of the Form 12.43.00 to be delivered to the pawnshop holding the property.

772. SUBROGATED PROPERTY - INVESTIGATING OFFICER’S RESPONSIBILITY.

772.10 NOTICE OF SUBROGATION. A copy of a notice of subrogation received from Records and Identification Division by an investigating officer shall be attached to the investigating officer's copy of the related crime report.

772.20 PROPERTY RECOVERED SUBSEQUENT TO THE RECEIPT OF A NOTICE OF SUBROGATION. When property is recovered subsequent to the receipt of a notice of subrogation, or is in Department custody when a notice of subrogation is received, the concerned investigating officer shall:

  • Complete a Subrogated Property Notification, Form 10.17.00;

  • Ensure that the Subrogated Property Notification is properly distributed; and,

  • Ensure that the property is not released until the current legal owner has been determined.

772.50 AREA AUTO COORDINATORS’ - RESPONSIBILITY. When notice of a subrogated vehicle has been initially received at an Area station instead of Records and Identification Division, the Area Auto Coordinator shall cause the Stolen Vehicle System (SVS) to be queried. If the listed owner is not the insurance carrier, as reflected on the Notice of Subrogation, he/she shall cause a telephonic notification to be made to the Vehicle Information Processing Unit (VIPU), Records and Identification Division, and request the VIPU clerk to update the SVS to reflect that the insurance carrier is the current owner.

775. ARRESTEES' RELEASES - INVESTIGATING OFFICERS' DUTIES.

775.10 RELEASE WITHOUT PROSECUTION. Investigating officers shall cause the release of an arrestee (4/775.30), without unnecessary delay, when a complaint or indictment is not obtainable.

775.13 CERTIFICATE OF RELEASE. The Certificate of Release, Form 08.16.00, shall be issued to:

  • An arrestee who has been booked pursuant to a CWS warrant and thereafter cleared;

  • An adult arrestee who, at the time of release from custody, is not scheduled for a court appearance as a result of the arrest (A City Attorney hearing is not a court appearance);

Exception: The Certificate shall not be issued to a person arrested for 647(f) P.C. who is released under 849(b) (2) P.C. because no further proceedings are desirable.

  • The Certificate shall be issued at the time of release from custody; and,

Note: A supplemental booking on any warrant results in the scheduling of a court appearance, and precludes the need for a Certificate.

  • An adult arrestee who was scheduled for court appearance at the time of release from custody (bail, own recognizance, release‑from‑custody citation, court order) but a formal complaint was not subsequently filed. The Certificate shall be issued upon establishing that a formal complaint will not be filed.

When it is not practicable to present the arrestee's copy of the Certificate to him/her personally, it shall be mailed to the arrestee's last known address.

Responsibility for Issuance. The Certificate shall be issued as follows:

  • Concerned Investigating Officer. When an investigating officer is responsible for follow‑up on the arrest, he/she shall issue the Certificate, if practicable. One copy shall be given to the arrestee. The original copy shall be attached to the Disposition Report, Form 05.09.00, and presented with the Investigator's Final Report, Form 05.10.00, for supervisory review prior to disposition.

Exception: When an investigating officer has teletyped the authorization for release of a prisoner, the Certificate issuance and distribution is done by the releasing employee. The investigating officer shall include a copy of the Notification of Prisoner Release Teletype with the Form 05.09.00 and Form 05.10.00 in lieu of the Certificate.

  • Releasing Employee. If the investigating officer is not available at the time of the arrestee's release, the releasing employee shall issue the Certificate. One copy shall be given to the arrestee. The original copy shall be attached to the Jail Custody Record, page 5 of the Los Angeles Consolidated Booking Form, Form 05.01.00.

  • Court Liaison Officer. When no investigating officer is responsible for follow‑up on the arrest, the concerned court liaison officer shall issue the Certificate upon learning that a filing has been rejected. One copy shall be given to the arrestee. The original copy shall be attached to the Arrest Disposition Report, Form 05.09.00.

  • Arresting Officer. When an arrestee is released prior to booking, and an RFC citation is not issued, the arresting officer shall issue the Certificate only upon request of the arrestee. When the arresting officer issues the Certificate, he/she shall also complete a Field Interview Report, Form 15.43.00, and place the notation, "Certificate of Release Issued," in the space provided for "Circumstance of Interview." (The original of the Certificate shall be given to the arrestee. No copies are required.)

  • Supervisor in Charge of Jail Facility. When it is established by the supervisor in charge of a jail facility that a booked arrestee is to be released (except on authority of 849[b] [2] P.C.) and not required to appear in court, the supervisor shall ensure that the Certificate is issued. One copy shall be given to the arrestee. The original copy shall be attached to the Jail Custody Record, Page 5 of the Los Angeles Consolidated Booking Form. Form 05.01.00.

775.14 RELEASE FROM COUNTY JAIL FACILITY. When an arrestee detained at a County jail facility is released pursuant to 849(b) 1 P.C. and the investigating officer authorizing the release is present, the investigating officer shall complete a County Prisoner Release Order, County Form SHJ 70.

775.15 ARRAIGNMENT OR RELEASE OF ADULT PRISONERS. The assigned investigating officer shall ensure that all adult arrestees are arraigned or released as soon as possible, without unnecessary delay, and in no event beyond two court days following the day of arrest.

Exception: During a state of emergency a presiding judge may request that the "Chair of the Judicial Council" extend the time limit for prisoner arraignment from the current two days to a period not to exceed seven days.

If the investigating officer is not available at the time a prisoner is due to be arraigned or released, the watch commander of the investigating division shall be responsible for the arraignment or release.

775.20 INVESTIGATOR'S FINAL REPORT - COMPLETION RESPONSIBILITY. Officers assigned to the follow‑up investigation of a felony shall immediately complete both sides (Pages 1 and 2) of an Investigator's Final Report, Form 05.10.00, when a complaint is obtained or refused, the charge is released, or the arrestee is released to another law enforcement agency.

The arresting officer shall complete the Release Information section of the Investigator's Final Report, Form 05.10.00, when an arrest made on any of the following constitutes a felony charge:

  • Violation of California State parole under authority of 3056 P.C. or 3151 W.I.C;

  • violation of probation bench warrant held by the Los Angeles County Sheriff's Department; and,

  • "Failure to Appear" bench warrant held by the Los Angeles County Sheriff's Department.

A Property Disposition/Update Request, Form 10.06.00, shall be attached to the Form 05.10.00 prior to submission for supervisory approval.

Upon completion, the Investigator's Final Report, Form 05.10.00, shall be delivered to the record clerk, division of booking.

Note: If any of the above violations constitutes a misdemeanor charge only, the Form 05.10.00 is unnecessary.

When the arrestee for whom the Form 05.10.00 is completed has an M.O. that is distinct and consistent, the officer shall so indicate by checking the Yes box after the words M.O. Sheet on Page 2 of the Form 05.10.00 and shall then complete a connecting M.O. Sheet, Form 5.14 (5/5.10, 5/5.14).

Exception: Regardless of the charge, an Investigator's Final Report, Form 05.1 0.00, and an M.O. Sheet, Form 5.14, shall be completed on a juvenile whose M.O. is unusual, distinctive, or characteristic of that particular subject.

Fugitive Warrants Section Arrestees. Officers assigned to Fugitive Warrants Section (FWS), Detective Support and Vice Division, shall complete the Investigator's Final Report upon taking warrant suspects into custody. If the arrest occurs during normal duty hours, an attempt shall be made to contact the concerned detective(s) for interviewing and Form 05.10.00 completion.

Fugitive Warrants Section officers may, in appropriate circumstances, admonish arrestees and attempt to obtain statements at the time of arrest unless the assigned detectives have indicated otherwise. Additionally, FWS officers shall perform appropriate follow‑up investigations, within a reasonable distance and time frame, when circumstances demand immediate action.

Felony Bail‑Out Procedures. A detention officer or desk officer who becomes aware of a forthcoming Order Fixing Bail, or anticipates the posting of bail for a felony prisoner who is confined in a Department jail facility, shall:

  • Immediately notify the concerned detective division watch commander of the anticipated release of the felony prisoner on bail; and,

  • When the concerned Area Detective Division is closed, notify the detention officer watch commander of the anticipated release of the felony prisoner on bail.

Note: Metropolitan Jail Section shall notify the Watch Commander, Detective Support and Vice Division, who shall be responsible for ensuring the completion of the Form 05.10.00. Valley Jail Section shall notify the Van Nuys Area watch commander, who shall be responsible for the completion of the Form 05.10.00 for females booked at Valley Jail Section.

When a watch commander (detective or field services) is notified of the anticipated release of a felony arrestee in Department custody, he/she shall immediately dispatch an officer to interview the arrestee and complete the personal data/background information and M.O. section of the Form 05.10.00. The interviewing officer shall ensure that the completed Form 05.10.00 is forwarded to the concerned detective division.

Note: A prisoner shall not be detained solely for the purpose of completing the Form 05.10.00 if the Order Fixing Bail or bail has been delivered to the jailer.

775.24 INVESTIGATOR'S FINAL REPORT - RESPONSIBILITY OF WATCH COMMANDERS AND OFFICERS IN CHARGE. Watch commanders and officers in charge in divisions, sections, or units which process the Investigator's Final Report, Form 05.10.00, shall inspect daily the active arrestee index card file (or control book) and check for those arrests over 48 hours old for which no Form 05.10.00 has been submitted.

Watch commanders and officers in charge shall ensure that a Form 05.10.00 is completed and distributed without delay for each arrest exceeding the maximum in‑custody dead line.

775.27 APPROVAL OF INVESTIGATOR'S FINAL REPORT. An investigating officer completing an Investigator's Final Report, Form 05.10.00, authorizing the release of a prisoner, shall submit the completed Form 05.10.00 to his/her watch commander or officer in charge for approval. Approval of the watch commander or officer in charge is not necessary prior to the release of an arrestee but may be obtained if its procurement causes no delay in the release. If the division commanding officer does not approve the release, the division commanding officer shall refer the Form 05.10.00 to the commanding officer of the concerned bureau for his/her review, together with his reason for not approving the release.

775.30 ACCOMPLISHING RELEASE OF ARRESTEE. To effect the release of an arrestee who is in custody, the investigating officer shall:

  • Present one copy of the Investigator's Final Report, Form 05.10.00, authorizing the release, to the jailer having custody of the arrestee; or,

  • Present one copy of the Form 05.10.00 to a teletype operator. The operator shall be requested to send an Order to Release Teletype to the custodial detention officer. If a Notification of Release Teletype is not received from the custodial detention officer within one hour, the investigating officer shall determine the reason for delay.

The detention officer or the teletype operator receiving the Form 05.10.00 authorizing the release of an arrestee shall be requested to sign the investigating officer's copy as a receipt.

775.31 RELEASE OF CHP ARRESTEES. A CHP officer requesting the release of a prisoner booked by the CHP shall normally make the request by teletype. When a CHP officer arrives at a jail facility and requests the release of such a prisoner and no teletype has been sent, the CHP officer shall be referred to the divisional investigating officers or Detective Support and Vice Division. When the investigating officer determines that the release should be authorized, he/she shall complete an Investigator's Final Report, Form 05.10.00.

775.32 RELEASE PROCEDURE - WHEN PRISONER DIES IN A DIVISION JAIL. When a prisoner dies in a division jail, the investigating officer shall follow the procedure set forth in 4/238.65.

775.50 RELEASES TO OTHER AGENCIES. Investigating officers shall immediately notify the Fugitive Warrants Section, Detective Support and Vice Division, by teletype or telephone, when:

  • It is learned that an arrestee is wanted by another agency on a felony charge; and,

  • A local charge is to be dismissed and the arrestee is wanted by another agency on a felony charge.

Approval to release an individual who is arrested by this Department on a foreign felony want or warrant directly to the wanting agency, without being formally booked by this Department, shall be obtained from the Fugitive Warrants Section.

Note: If the arrestee is wanted by more than one agency, the Fugitive Warrants Section shall determine the agency to which he/she shall be released.

The name of the advising officer shall be noted in the Investigator's Final Report, Form 05.10.00.

Note: When the Fugitive Warrants Section is closed, Detective Support and Vice Division shall furnish advice on release procedures.

775.54 PLACING FELONY CHARGE PRIOR TO RELEASE TO WANTING AGENCY. Authorization to supplementary charge an arrestee with a felony for another agency (4/775.50) shall be indicated on the Investigator's Final Report, Form 05.10.00. All copies of the Form 05.10.00 shall be delivered to the Fugitive Warrants Section, Detective Support and Vice Division. The Fugitive Warrants Section shall:

  • Effect the release of the original charge;

  • Cause the charge of the wanting agency to be placed against the prisoner;

  • Record on the Form 05.10.00 that the felony charge has been placed;

  • Complete a new Arrest Report, Form 05.02.00; and,

  • Provide for the distribution of the Form 05.10.00 and the Form 05.02.00.

775.58 RELEASE TO WANTING AGENCY WITHOUT PLACING FELONY CHARGE. Upon authorization to release an arrestee to another agency without placing a felony charge (4/775.50), the investigating officer shall include in the Investigator's Final Report, Form 05.10.00:

  • A full explanation of the circumstances of the release;

  • The names of the officers, if known, and the jurisdiction to which the arrestee was released; and,

  • The charge upon which the arrestee was wanted.

Two copies of the original Arrest Report, Form 05.02.00; and one copy of the Form 05.10.00 shall be sent to the Fugitive Warrants Section, Detective Support and Vice Division.

775.60 CRIME COMMITTED BY JUVENILE-ARRESTED WHEN ADULT. When it is discovered that a person over eighteen years of age, in custody on a felony charge, was less than eighteen years of age at the time of the commission of the crime, the investigating officer shall inform his/her watch commander of the status of the case. The watch commander shall determine whether the case is to be reassigned.

The investigating officer given responsibility for the investigation of the crime and disposition of the case shall:

  • Obtain advice from the Watch Commander, Detective Support and Vice Division; and,

  • Complete an Investigator's Final Report, Form 05.10.00, to release the adult charge.

775.70 RELEASE OF ARMED FORCES PERSONNEL - NOTIFICATION. Prior to the release of a member of the Armed Forces, the watch commander shall notify the Department Command Post, Real-Time Analysis and Critical Response Division (RACR), and shall be guided by the instructions of the watch commander.

Exception: This provision does not apply when Armed Forces personnel are field released.

Note: Armed Forces arrestees who are otherwise legally entitled to immediate release may be detained for a reasonable time up to forty‑eight hours from time of arrest, excluding Sundays and holidays, if there has been a hold placed on the arrestee by military authorities.

778. NOTIFICATION OF FELONY BOOKING DISPOSITION.

778.10 REQUIRED NOTIFICATION TO RECORDS AND IDENTIFICATION DIVISION. The Criminal Records Section, Records and Identification Division, shall be notified of all adult male and female felony booking dispositions as indicated on the Investigator's Final Report, Form 05.10.00.

778.20 PROCEDURE FOR NOTIFYING RECORDS AND IDENTIFICATION DIVISION. Upon disposition of a felony arrest, the concerned investigating officer shall immediately complete an Investigator's Final Report, Form 05.10.00. The original copy of the Form 05.103.00 shall be forwarded to the Data Entry Section, Information Technology Division, without delay. Following key punching of felony disposition information, the Investigator's Final Report, Form 05.10.00, shall be forwarded to Records and Identification Division.

780.VEHICLES - INVESTIGATION AND RELEASE.

780.10 AREA OF IMPOUNDMENT - DEFINED. The area of impoundment is defined as the area in which the vehicle is actually stored.

780.15 PRESENT OWNER ‑ DEFINED. The present owner of a vehicle is defined as the registered owner on the records of the Department of Motor Vehicles.

Exception: When the registered owner on record has transferred his/her ownership rights, the present owner is the last person to whom equity or ownership of the vehicle has been transferred.

780.17 INVESTIGATING OFFICER'S RESPONSIBILITY - LOST VEHICLES. Lost vehicle information is automatically purged from the Stolen Vehicle System (SVS) thirty days from the date entered. When a lost vehicle has not been found or reported stolen before the SVS purge date, the follow‑up investigator shall:

  • Contact the present owner or reporting person and, when appropriate, reclassify the report to "Stolen" by completing a Follow‑up Report, Form 03.14.00, and notifying the Vehicle Information Processing Unit, Records and Identification Division; and,

  • When reclassification is not appropriate, cause the "Lost" information to be reentered into the SVS.

Note: There is no limit on the number of times lost vehicle information may be reentered into the SVS. However, each reentry requires follow‑up prior to the thirty‑day automatic purge.

 INVESTIGATING OFFICER'S RESPONSIBILITY - FOUND VEHICLE. When a vehicle which was reported as lost has been found, has not been impounded, and no notification has been made to the registered owner or person reporting the lost vehicle (4/221.20), it shall be the responsibility of the Area investigating officer to contact the owner or person who made the lost report. The investigating officer shall notify the victim within 48 hours, excluding weekends and holidays. The victim must be advised of the location and condition of the vehicle.

780.19 INVESTIGATING OFFICER'S RESPONSIBILITY - DISPOSAL OF UNIDENTIFIABLE VEHICLES AND VEHICLE PARTS. Upon determining that an unidentifiable vehicle or normally serialized vehicle part is of no value in a criminal proceeding, or when the court having jurisdiction does not order disposition of the unidentifiable vehicle or normally serialized part, the investigating officer shall:

  • Immediately notify Commercial Auto Theft Section, Commercial Crimes Division to determine if disposal by civil court action is appropriate;

  • If directed by Commercial Auto Theft Section, complete and distribute the Notice of Impoundment of Vehicle and/or Component Part, L.A.P.D. Form 15.23.01; and,

  • Record the action taken as a result of Commercial Auto Theft Section’s advice, and include the disposition of the item on a Follow‑Up Report, Form 03.14.00.

780.20 INQUIRIES CONCERNING THE STATUS OF STOLEN, LOST, OR IMPOUNDED VEHICLES.

Employee Receiving Inquiry-Responsibility. When a person who has a legitimate interest in a vehicle makes an inquiry concerning its status, the employee receiving the inquiry shall check the Stolen Vehicle System (SVS).

If the vehicle is impounded, determine the Area of impoundment from the SVS and:

  • If stored only, refer the person to the tow garage. The person shall be advised that, to secure the release of the vehicle, from the garage, he/she must present proof of ownership or written authorization from the present owner to receive the vehicle. If the owner is in custody of the Department, the authorization may be on a Property Release Authorization, Form 06.08.00; and,

  • If held, refer the person to the appropriate Area Vehicle Control Clerk.

780.24 INSPECTION OF VEHICLES - VEHICLE THEFT INVESTIGATIONS. Pursuant to Section 2805 VC, member of a city police department whose primary responsibility is to conduct vehicle theft investigations (auto detective) may inspect vehicles required to be registered under the Vehicle Code, or any identifiable vehicle component part thereof, for the purpose of locating stolen vehicles. These inspections shall be conducted only when the vehicle or component part thereof is in on one of the locations outlined in Section 2805 VC. The officer may inspect the title or registration of those vehicles in order to establish rightful ownership or possession of the vehicle or identifiable vehicle component. Detective commanding officers shall:

  • Ensure vehicle inspections pursuant to Section 2805 VC are conducted regularly;

  • Ensure Detectives III report the results of each inspection conducted during the previous month; and,

  • Approve the wearing of the official Department jumpsuit in accordance with Manual Section 3/619.20.

Exception:  Officers are cautioned that Section 2805 VC shall only be used by personnel whose primary assignment is the investigation of vehicle theft crimes. Under no circumstance shall Section 2805 VC be used to circumvent a search warrant or to search for non-vehicle theft-related evidence. Whenever sufficient probable cause exists, a search warrant shall be obtained.

780.30 AUDIT OF IMPOUND REPORTS.

Area Detectives. The concerned detectives in the Area of impoundment are responsible for ensuring the accuracy and completeness of reports pertaining to vehicles impounded from their Area.

Area Vehicle Coordinator. The Area Vehicle Coordinator shall cause a weekly audit to be made of Vehicle Impound Reports. Reports that indicate a vehicle has been impounded and stored in excess of five days shall be reviewed. The review shall include, but not be limited to:

  • Verification that the person reporting, and the present, registered, and legal owners of the impounded vehicle were notified. If prior notifications were incorrect, appropriate notifications shall be made in writing and, if practicable, telephonically;

  • Verification of the status of any holds placed on a vehicle as the result of a Subrogated Property Notification, Form 10.17.00. (When a claim has been paid to the owner of a stolen vehicle, the insurance company becomes the legal owner); and,

  • Verification that all notifications and vehicle status information have been documented on the Area Vehicle Control Clerk's copy of the Impound Report.

Note: If a DR number from a related report is to be as signed to a Vehicle Report, CHP Form 180, VIPU shall be apprised of all pertinent information regarding the impound.

780.35 VEHICLE REPORTED STOLEN OUTSIDE CITY.(4/765.52) When a vehicle which has been reported stolen outside the City is recovered in Los Angeles, an investigating officer of the Area in which the vehicle was impounded shall notify the law enforcement agency which reported the theft.

780.40 INVESTIGATING OFFICER'S RESPONSIBILITY - VEHICLES RECOVERED OUTSIDE THE CITY.(4/765.54) When an investigating officer responsible for the investigation of a vehicle stolen inside the City receives information from another agency that the vehicle has been recovered outside the City, the officer shall:

  • Notify the victim within 48 hours, excluding weekends and holidays, and inform the victim of the location and condition of the vehicle;

  • Notify the registered and legal owners, in writing, concerning the status of the vehicle;

  • When a Subrogated Property Notification, Form 10.17.00, is on file, notify the subrogator that the vehicle has been recovered; and,

  • Document the notification information on the vehicle report work copy.

780.45 VEHICLE RECOVERED BY OWNER. When a person requests the cancellation of a Vehicle "Stolen" Report, CHP Form 180, by telephone, he or she shall be advised to make a written report at the nearest police station.

780.50 RELEASING VEHICLE HELD FOR INVESTIGATION. (A vehicle impounded and stored only shall be released by the tow garage storing the vehicle.)

The assigned detective of the division for which the vehicle was held shall be responsible for releasing the hold. When the vehicle is no longer needed, the detective shall ensure that the following information is blocked out on the release copy of the Vehicle Investigation at the Area of Impoundment:

  • Juvenile suspect/arrestee names and addresses;

  • Items which would endanger the safety of a witness or other person; and,

  • Items which would interfere with the success of the investigation or any other investigation.

The detective shall then complete the release authorization portion on the release copy of the Vehicle Investigation at the Area of Impoundment. (Indicate "OK to Release.")

Exception: If the vehicle is impounded in an Area other than the investigator's Area of assignment, an "O.K. to Release" teletype may be sent to the Area Vehicle Control Clerk in the Area of impoundment. The Area Vehicle Control Clerk may accept a telephonic release from an investigator when there is no doubt concerning  its authenticity. In these cases, it shall be the responsibility of the Area Vehicle Control Clerk to block out the above listed items (Name of juvenile arrestee, etc.)

The Area Vehicle Control Clerk shall complete all required notices of impounded vehicle and telephonically contact the person to whom the vehicle is to be released, unless notified by the investigator that such notification has already been made.

VEHICLES SEIZED AS EVIDENCE.  When a vehicle has been seized as evidence, under the authority of California Vehicle Code (CVC) Section 22655.5, Fiscal Operations Division (FOD) may pay certain towing and storage fees which have accrued, from the time of seizure until 24 hours after the registered or current owner is notified that the vehicle is available for immediate release.  FOD will directly reimburse the concerned Official Police Garage (OPG).

The Department employee (e.g., Area Vehicle Coordinator, Collision Investigation Follow-Up Investigator, etc.) responsible for authorizing the release of a vehicle, which has been seized as evidence, shall:

  • Ensure that the registered or current owner is immediately notified (telephonic or in person if practicable) that their vehicle is available for immediate release, at no cost to them;

  • Ensure that the registered or current owner is provided with the explanation that they will be responsible for any storage fees which will begin to accrue 24 hours after such notification;

  • Complete and obtain approval of the Order Release/Reimbursement Request, Form 15.23.04;

  • Upon completion, provide a copy to the registered or current owner to present to the OPG; and,

  • Ensure that all related reports are properly distributed.

VEHICLE STORED FOR AN UNREASONABLE TIME PERIOD. If a vehicle has been towed and stored under the authority of a CVC Section other than 22655.5, FOD may directly reimburse the concerned OPG for certain fees which have accrued, when a vehicle remains stored for an unreasonable amount of time, at no fault of the registered or current owner (i.e., internal administrative errors resulting in the registered or current owner not receiving timely notification regarding the status or location of the vehicle).   

The Department employee (e.g., Area Vehicle Coordinator, Collision Investigation Follow-Up Investigator, etc.) responsible for authorizing the release of a vehicle which was towed and stored under the authority of a vehicle code section (not evidence related) for an unreasonable amount of time, at no fault of the registered or current owner shall:

  • Ensure that the registered or current owner is immediately notified (telephonic or in person if practicable) that their vehicle is available for immediate release;

  • Ensure that the registered or current owner is provided with the explanation stating that they are responsible for payment of fees to cover the towing and the first two days of storage only;

  • Ensure that the registered or current owner is provided with the explanation stating that the Department is responsible for payment of storage fees accruing from the third day of storage;

  • Complete and obtain approval of the Order Release/Reimbursement Request, Form 15.23.04;

  • Upon completion, provide a copy to the registered or current owner to be presented to the OPG; and,

  • Ensure that all related reports are properly distributed. 

AREA DETECTIVE DIVISION/TRAFFIC DIVISION COMMANDING OFFICERS’ RESPONSIBILITIES.  The Area Detective Division/Traffic Division Commanding Officer shall ensure that the copies of the related reports are properly distributed. 

780.60 RELEASE OF VEHICLES IMPOUNDED PURSUANT TO VEHICLE CODE SECTION 22651 (O) OR (P).

Area Vehicle Coordinator or Releasing Officer’s Responsibility. An employee releasing a vehicle shall determine if the vehicle was impounded from within his or her Area/division. If not, the employee shall refer the citizen to the appropriate Area, division, or governmental agency.

An employee authorizing the release of a vehicle which has been impounded pursuant to Section 22651 (o) (p) VC shall:

  • Refer the person requesting the release to the Department of Motor Vehicles when reasons exist which preclude a vehicle from being released (i.e., owner or agent does not posses a valid driver's license or the vehicle is not currently registered);

  • Verify proof of registration for subsection (o) impounds, or possession of a valid driver's license of subsection (p) impounds prior, to releasing the vehicle; photocopy the bona fide identification and registration provided by the citizen and attach the copy to the Vehicle Report, CHP Form 180;

  • Complete all of the information in the "Vehicle Release Order" box on the impound/hold copy of CHP Form 180; and,

  • Ensure a copy of the properly completed vehicle release order is forwarded to the Area Vehicle Coordination, Area of impound.

Documenting Release when Vehicle Report Unavailable. When an employee is requested to release an impounded vehicle and the original "impound" Vehicle Report, CHP Form 180, is unavailable, the employee shall query the Stolen Vehicle System to determine the DR number assigned to the impounded vehicle and ensure the citizen requesting the release is either the registered or legal owner. Using a blank CHP Form 180, the employee shall:

  • Record the citizen's personal information (i.e., name, residence and business address, etc.) in the appropriate boxes on the CHP Form 180;

  • Photocopy the bona fide identification provided by the citizen and attach the copy to the CHP Form 180;

  • Check the "OK REL" box and complete the appropriate vehicle description boxes on the CHP Form 180;

  • Complete the Vehicle Release Order portion of the CHP Form 180;

  • Ensure the person requesting the release signs the release order (CHP Form 180) in the space provided;

  • Release the vehicle and provide a copy of the CHP Form 180 to the registered owner for presentation to the Official Police Garage; and,

  • Forward the CHP Form 180, with attachments, to the Area Vehicle Coordinator, Area of impound.

Release of Impounded Vehicles During Non-Business Hours. During non-business hours, when the Area Vehicle Coordinator is not available, document verification and release authorization shall be completed by the patrol division watch commander.

Exception: Bureau commanding officers may exercise the option to centralize the document verification and release procedures for the entire bureau. However, document verification and release procedures for 22651(o) and (p) VC impounds shall be available 24 hours per day.

780.70 RELEASE TO PRESENT OWNER. An impounded vehicle which is available for release (4/780.50) shall be released to the present owner or the owner's representative:

  • Upon presentation of proof of ownership; and,

  • Upon presentation of satisfactory personal identification and written authorization from the present owner to receive the impounded vehicle.

780.72 RELEASE OF IMPOUNDED VEHICLE - OWNER IN CUSTODY. When the present owner of an impounded vehicle is in custody of the Department, the vehicle shall be released to another person only when it is available for release and:

  • The person presents a properly completed Property Release Authorization, Form 06.08.00, authorizing that person to receive the vehicle; and,

  • The person presents satisfactory personal identification to show that the individual is the person authorized to receive the impounded vehicle.

780.75 RELEASE OF IMPOUNDED VEHICLE TO INDIVIDUAL OR CORPORATE LEGAL OWNER. An impounded vehicle which is available for release shall be released to the individual or corporate legal owner only when:

  • A reasonable search by the concerned investigating officers has failed to locate the present owner;

  • The individual or corporate legal owner or the owner's representative presents satisfactory personal identification and proof of ownership;

  • The legal owner or owner's representative has been provided with, and advised to complete, a Legal Owner's Release and Indemnification Agreement, Form 15.17.00; and,

  • The legal owner or the owner's representative presents a completed copy of a Legal Owner's Release and Indemnification Agreement, Form 15.17.00.

Note: Patrol and detective divisions shall maintain an adequate supply of the Legal Owner's Release and Indemnification Agreement, Form 15.17.00, for public use.

780.77 HOLD ON VEHICLE-TWO ‑ DAY LIMIT. An impounded vehicle shall not be held for investigation longer than two business days, unless the vehicle has been impounded for a violation of Section 22651 (o) or (p) VC.

Exception: The supervisor (Detective III or higher) of the detective responsible for the release of a vehicle which has been impounded as a result of an investigation not related to Section 22651 (o) or (p) VC may authorize an extension when specific circumstance warrant. When an extension is warranted, the supervisor shall ensure the Area Vehicle Coordinator and the Official Police Garage (OPG) are notified of the extension and that the justification for the extension is recorded on the Investigator's Case Progress Log, Form 01.44.00.

Note: The release of a hold for a vehicle impounded pursuant to Section 22651 (o) or (p) VC is not triggered by time, but action taken by the vehicle owner, the vehicle shall be held until disposed of by the storing OPG. However, for OPG lien processing purposes only, the hold will lift six calendar days after the vehicle has been impounded.

780.80 AREA VEHICLE CONTROL CLERK. (See also "Impounding Conveyances Used in Drug Trafficking," 4/222.16). Each Area Vehicle Control Clerk (day watch Senior Clerk Typist position) shall:

  • Maintain a Vehicle Impound Control Log, Form 12.39.00, for all vehicles impounded within the Area, including vehicles with holds;

  • Notify appropriate supervisors when a vehicle has been held for two business days;

  • Notify the victim within 48 hours, excluding weekends and holidays, and inform the victim of the location and condition of the vehicle when such notification has not been made by the impounding employee;

  • Notify the registered and legal owners, in writing, concerning the status of the recovered or impounded vehicle when such notification has not been made by the impounding employee;

  • Send teletype notification to law enforcement agencies regarding recovery of vehicles reported stolen or lost in their jurisdiction;

  • Monitor distribution of the Vehicle Impound Notice;

  • Attach teletyped releases to the originals and Area file copies of the Vehicle Investigation;

  • Fulfill all assigned duties and responsibilities pursuant to vehicle impound hearings (4/226.05);

  • Teletype vehicle information and inquiries to Areas, divisions, and outside agencies as necessary;

  • Following an investigator's release of a hold, cause a telephonic notification to be made to the person to whom the vehicle is to be released. The notification information shall be documented on the original and Area copies of the Vehicle Investigation;

  • Complete and send an additional Notice of Impounded Vehicle to the person to whom a held vehicle is to be released; and,

  • Upon release of a Hold, forward two copies of the Vehicle Release Order to the impound garage. Retain the subsequently received Garage Report of Release or Sale in the divisional file.

Note: When a hold has been placed on a vehicle at any OPG, the Area Vehicle Control Clerk shall forward a copy of the report to the Department entity for which the hold has been placed.

Stored Vehicle-Notification to State. The Area Vehicle Control Clerk shall forward a Notice of Stored/Abandoned Vehicle, Form 15.23.00, to the Department of Justice, Sacramento, when:

  • It cannot be verified that the owner of an impounded vehicle has been notified;

  • The vehicle is unregistered or registered out of State; and,

  • The vehicle has not been claimed within five days after its availability for release.

Note: Vehicles registered in California require only an entry into the Stolen Vehicle System (SVS).

If the vehicle is registered out of State, a teletype from the registering state, indicating the registered owner's address, shall be attached. Names and addresses of all persons to whom a Notice of Impounded Vehicle was sent shall also be forwarded.

780.85 ANSWERING INQUIRIES CONCERNING THE STATUS OF STOLEN, LOST, OR IMPOUNDED VEHICLES. An Area Vehicle Control Clerk receiving an inquiry concerning the status of a vehicle shall verify the status of the vehicle by checking the SVS.

Vehicle Impounded for Investigation.

  • Determine the release status of the vehicle by contacting the concerned investigating officer, and apprise the person inquiring; and,

  • If the vehicle is not available for release and the reason cannot be determined, refer the person to the division for which the hold was placed. Vehicle Impounded and Stored Only. Refer the person to the tow garage storing the vehicle.

782. NOTIFICATION TO INSURERS ON SUSPECTED FRAUD CASES. When an investigating officer initiates or conducts a follow‑up investigation of a fraudulent act relating to a motor vehicle theft or motor vehicle insurance claim, the investigating officer shall cause the concerned insurance company to be notified in writing within thirty days of becoming aware of the suspected fraudulent act. The correspondence shall be signed by the investigating officer's commanding officer, and should be directed to the nearest corporate office location of the insurance company. The information contained in the notification should be limited to that necessary to inform the insurance company of the occurrence, and shall not include any criminal history information.

Note: Vehicle Code Sections 10903 and 10904 may be used as guidelines in preparing the written notification.

790. PROPERTY - INVESTIGATION AND DISPOSITION.

790.05 CHARGE ‑ BASED PROPERTY DISPOSITION. The investigation and disposition of property shall be performed in accordance with charge‑based evidence disposition procedures (4/550.12).

790.10 INVESTIGATION OF PROPERTY REPORTS - GENERAL. It shall be the responsibility of the concerned detective commanding officer to determine the guidelines for the viewing of property as necessary to maintain the quality of investigations.

When detectives are assigned the responsibility for conducting the investigation of a case which involves booked property, they shall:

  • Upon viewing booked property, cause their name to be entered on the Property Card, Form 10.07.2, maintained by the concerned property officer; and,

  • Complete a Follow‑up Report, Form 03.14.00, when an item has a serial number, monogram, or other identifiable characteristic which was not described on the related property report.

790.12 COMPLETION OF PROPERTY DISPOSITION REQUEST. Prior to submitting the Investigator's Final Report, Form 05.10.00, to the concerned detective supervisor for adult arrestees, or the Arrest Report, Form 05.02.00, for juvenile arrestees, a Form 10.06.00 containing all appropriate information known by the detective, including disposition instructions, i.e., "Dispose," "Release," or "Hold Until," shall be attached to the Form 05.10.00 or the Form 05.02.00.

Note:  In the event of multiple arrests, evidence shall be held until it is no longer needed for prosecution in a related case.

When the Form 05.10.00 or the Form 05.02.00 has been approved by the concerned detective supervisor, the Form 10.06.00 shall be forwarded to the Area/specialized division Property Disposition Coordinator who shall forward it to the appropriate property room.

In instances when the completion of a Form 05.10.00 or Form 05.02.00 is inappropriate, a Form 10.06.00 will be issued to the employee responsible for the disposition of the property by Property Division.

790.15 PROPERTY DETERMINED TO BE LOST OR STOLEN - NOTIFICATIONS. When an investigating officer identifies an item listed on a Property Report as having been reported on a crime or lost report assigned to another investigating officer of this Department, and no suspect is in custody, he or she shall notify the concerned investigating officer who shall assume the responsibility for the investigation and release of the booked property.

When an investigating officer identifies an item listed on a Property Report as having been reported on a crime or lost report in another jurisdiction, he or she shall:

  • Notify the outside agency of the circumstances surrounding the booking of the property;

  • Obtain the name and address of the victim;

  • Record on the reverse side of the Property Disposition Card the name and address of the victim and the item numbers as listed on the Property Report;

  • When the item has no evidentiary value to this Department and upon authorization from the outside jurisdiction, indicate disposition instructions for the property; and,

Exception: Credit cards shall be released to the concerned credit card company, and checks shall be destroyed.

  • Forward the Property Disposition Card to the custodial property room.

790.20 SPECIALIZED INVESTIGATIVE UNITS. When property is taken into custody and booked by an officer of a specialized investigative unit, he or she shall assume the responsibility for the investigation and disposition of the property.

Note: The investigating officer shall forward two copies of the Property Report to the detective division in the geographic Area where the property was booked.

790.22 INVESTIGATIONS AND NOTIFICATIONS REQUIRED WHEN FIREARMS BOOKED.

Investigation of Booked Firearms. The robbery unit coordinator of Area detectives shall review and cause an investigation to be made of all Property Reports, Form 10.01.00, listing firearms booked in their division relative to a misdemeanor crime or any non‑criminal incident for which no investigative officer or specialized detective division has been assigned follow‑up investigation responsibility.

Investigative personnel assigned to follow‑up investigation responsibility for a report involving a firearm booked in or by their Area/division shall:

  • Cause the detective's name and division of assignment to be entered across the top of the appropriate Property Card, Form 10.7.2;

  • Upon being assigned the report, query AFS and NCIC and record the finding on a Follow‑up Investigation Report, Form 03.14.00, if the booking employee was unable to ascertain the current status of the firearm at the time the firearm was originally booked. If the firearm has been reported stolen/lost, complete a Form 03.14.00 to include:

    • A complete description of the firearm;

    • A narrative statement indicating that the stolen/lost entries are to be removed from the AFS; and,

    • If the firearm is an LAPD stolen/lost print the word "FIREARM" in red in the top margin of the report.

  • If the firearm has been reported stolen/lost, notify the investigating officer responsible for investigating the original stolen/lost report via telephone or teletype, recording the date, time, and name of the investigating officer notified on the Form 03.14.00. If the firearm is not an LAPD stolen/lost, request the outside agency to enter the appropriate evidence information in AFS and NCIC;

  • Upon receipt of the Firearms Supplemental Property Report, Form 10.01.01, and the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, when applicable, the Gun Unit, Detective Support and Vice Division, shall continue to forward copies directly to ATF’s National Tracing Center; and,

  • Recheck the AFS and NCIC within five days to ensure that the evidence information has been entered.

Firearm Notification-The Gun Unit, Detective Support and Vice Division’s Responsibility. Personnel assigned to the Gun Unit, Detective Support and Vice Division, shall complete a Firearm Notification, LAPD Temp. Form 67.0, and forward it to the concerned detective division when:

  • An outside agency is in possession of a firearm wanted by the Department; or,

  • A firearm in Department custody is wanted by an outside agency or a Department division other than the division responsible for booking the firearm.

Firearm Notification-Assigned Detective-Responsibility. When a LAPD Temp. Form 67.0, is received from the Gun Unit, Detective Support and Vice Division, concerning a recovered, stolen/lost or wanted firearm, the assigned detective supervisor shall assign it to an investigative officer as a Category I follow‑up investigation. When a Form 03.14.00 is completed, the investigative supervisor shall cause one copy of the Form 03.14.00 and the Firearm Notification to be forwarded to the Gun Unit, Detective Support and Vice Division.

790.24 SCREENING IN ‑ CUSTODY FIREARMS. Personnel assigned to the Gun Unit, Detective Support and Vice Division (DSVD), shall:

  • Maintain a list identifying firearms wanted in connection with unsolved homicides and other serious crimes;

  • Update the open‑homicide list of wanted firearms when notified by Scientific Investigation Division (SID) of an additional firearm sought for comparison purposes;

  • Review all received Property Reports, Form 10.01.00, Firearms Supplemental Property Report, Form 10.01.01, and the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, when applicable, and determine if any firearms listed on a report should be test fired. If a firearm is to be test fired, the Gun Unit, DSVD, shall:

    • Arrange for the transfer of the firearm to Central Property Section; and,

    • Enter on the concerned Form 10.01.00, the name of the officer reviewing the Form 10.01.00;

  • If no SID testing is required, enter on the concerned Form 10.01.00 the name of the reviewing officer, date reviewed, and a statement that no SID testing is required;

  • Maintain a 30‑day rotating suspense file of all Forms 10.01.00 received and reviewed;

  • When notified by SID of an additional firearm being sought, review the 30‑day rotating suspense file to determine if a described weapon is currently in Department custody. If such a firearm was booked into custody on or after the date of the crime in which SID is interested, follow the prescribed procedure for transfer of the firearm to SID for testing;

  • Retain copies of the Forms 10.01.00, Firearms Supplemental Property Report, Form 10.01.01, and the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, on file for a period of one year; and,

  • When telephonically contacted for authorization to release a firearm within 90 days of the date on which the firearm was booked, determine if the firearm in question is wanted for SID testing. If the firearm is not wanted, so advise the inquiring investigating officer and authorize release of the firearm. If the firearm is wanted, deny release of the firearm and ensure initiation of the procedure for firearm testing by SID.

790.25 PROPERTY BOOKED - NARCOTICS ARRESTS.

Narcotics Arrests by Investigative Personnel. The investigation and disposition of property booked as a result of a narcotics arrest made by an investigating officer assigned to an area or specialized investigative division or unit shall be the responsibility of the arresting officer.

Narcotics Arrests by Uniformed or Other Non-investigative Personnel. The follow‑up investigation and disposition of all evidence for which an adult arrestee was booked on a felony narcotics charge shall be the responsibility of Gang and Narcotics Division. When a juvenile arrestee is booked on a felony narcotics charge, the follow‑up investigation and disposition of all evidence shall be the responsibility of Juvenile Division. The follow‑up investigation and disposition of evidence in cases involving adults and juveniles arrested together shall be handled per mutual agreement between Gang and Narcotics Division and Juvenile Division (4/550.12).

Note: In determining the appropriate disposition of property, the investigating officer shall coordinate his/her investigation with other potentially concerned investigating officers.

Narcotic Evidence Returned from Court. Disposition instructions for narcotic evidence not received into evidence by the court and no longer needed by the Department shall be indicated by the employee returning such evidence to the property room. The returning employee shall complete a Property Disposition/Request, Form 10.06.00, indicating the reason the property was not received into evidence by the court and the disposition instructions for the property (4/540.40).

Note: The employee returning the narcotic evidence shall contact the concerned deputy district attorney or city attorney in determining the proper disposition of the evidence prior to returning the evidence to the property room.

790.27 PROPERTY BOOKED - JUVENILE NARCOTICS. When Scientific Investigation Division receives an Analyzed Evidence Report in juvenile narcotic cases, the concerned analyst shall:

  • Complete the analysis of the evidence as soon as possible.

  • Complete appropriate portions of the Analyzed Evidence Report and forward two copies to the Juvenile Justice System Monitoring Unit, Juvenile Division.

Note: Investigating officers normally have to file the petition on "detained" juvenile cases within 24 hours and, on "released" juvenile cases, within seven calendar days.

  • Ensure that he/she is available on an on‑call status for court appearances.

Note: Investigating officers requesting petitions in juvenile narcotic cases where analysis of evidence is required shall include the notation "S.I.D. Representative On Call-DR Number" in the subpoena list on the appropriate reports and make a request for analysis to SID.

790.30 CHECKS, CHECK PARAPHERNALIA, AND CREDIT CARDS. An investigating officer assigned the responsibility for conducting the investigation of a Property Report, wherein the principal items booked are checks, check paraphernalia, or credit cards, shall:

  • Metropolitan Areas. Forward two copies of the Property Report to Commercial Crimes Division, which shall assume responsibility for the investigation and disposition of the property.

  • Valley Areas. Forward one copy of the Property Report to Commercial Crimes Division and forward two copies to Valley Forgery Section, which shall assume responsibility for the investigation and disposition of the property.

  • Harbor, Pacific, or West Los Angeles Area. Assume the responsibility for the investigation and disposition of the property and forward one copy of the Property Report to Commercial Crimes Division.

790.35 COMPLETION OF PROPERTY DISPOSITION. An investigating officer who receives a Property Disposition/Update Request, Form 10.06.00, from the Property Disposition Coordinator shall indicate the disposition instructions for the property on the form and return it to the concerned Property Disposition Coordinator by the 20th day of each month.

Note: When the owner of the property is unknown and the item has a serial number, the investigating officer shall request a want on the item through the Automated Property System, Department of Justice. If no identification is made, he/she shall attach a copy of the teletype reply to the Form 10.06.00, prior to submission to the Property Disposition Coordinator.

Whenever property belonging to an organization or company is to be released, the investigating officer shall indicate the name of the individual or agent in the organization or company to whom the property should be released on the "Name" line of the Form 10.06.00.

792. DISCOVERY PROCEDURES.

792.10 DISCOVERY OF MATERIAL OBTAINED IN A CRIMINAL INVESTIGATION. An investigating officer receiving a request from a deputy district attorney to discover materials obtained in a criminal investigation shall:

  • Consult with the deputy district attorney from whom the request was received, if necessary, to interpret unclear requests, to ascertain the scope of discovery requests; or to determine the propriety of releasing specific requested items such as the names of confidential informants, personnel files, etc. When an officer receives a request which appears to be unreasonable, he or she may request that the deputy district attorney challenge it by filing a notice of noncompliance.

  • Obtain copies of all written materials to be furnished.

  • Prepare a brief description of the contents of any requested video or audio tape recordings, photographs, motion pictures, or other requested physical evidence held by the Department (e.g., "One audio tape, 25 minutes in length, containing conversation between John Doe and Officer R. Smith, recorded on October 2, 1975"). Include the time and place these items will be available for inspection and propose a procedure which the defense attorney should follow in arranging for inspection.

  • Prepare a separate list of any additional related items held by the Department which may be subject to a discovery request.

  • Sign a statement if so requested by the deputy district attorney. The statement, which will become part of the deputy district attorney's statement of compliance, shall be in the following form:

"I am the investigating officer in People v.  case number____. All information and/or evidence known to the investigating agency as to those matters requested and/or ordered discovered is attached to this statement.

              _____________________________                                                                 

                                Signature 

  • Forward the statement, copies of written materials, list of related materials, and descriptions of items available for inspection to the concerned deputy district attorney within 10 days of the date of the request made by the defense.

792.20 NEW EVIDENCE OBTAINED AFTER DISCOVERY COMPLIANCE. If, after having complied with a discovery request, investigating officers acquire new evidence which may be the subject of discovery in the same case, they shall:

  • Immediately notify the concerned deputy district attorney; and,

  • Upon instructions from the deputy district attorney follow the procedures outlined above regarding response to discovery requests.

792.30 CRIMINAL DISCOVERY REQUESTS INVOLVING NON-CATEGORICAL USE OF FORCE INVESTIGATIONS.  Criminal discovery requests are received from the City Attorney's or District Attorney's Offices requesting the Department to disclose and provide information associated with criminal cases.

All criminal discovery requests associated with Non-Categorical Use Of Force (NCUOF) investigations will be forwarded to the geographic Bureau Detective Coordinator (BDC) from the Area of occurrence or the BDC where the officer is assigned, if the incident occurred outside the City.

Discoverable Information.  Information that may be available during these procedures includes, but is not limited to:

  • Redacted copy of the Non-Categorical Use of Force Report;

  • Photographs, videotapes or audio tapes, and a description of the relevant items;

  • Witness statements;

  • Scene diagrams;

  • Documents not previously listed in a crime or arrest report;

  • Newly discovered evidence not contained in a crime or arrest report; and,

  • Corrections or reconciliation of conflicting information.

Note:  The Follow-Up Investigation, Form 03.14.00, should no longer be used to provide NCUOF information for the purpose of criminal discovery.  The redacted copy of the NCUOF should be used instead of the Form 03.14.00; however, in cases where additional information may be needed, a Form 03.14.00 may be completed and attached to the redacted copy of the NCUOF.

Non-Discoverable Information.  Certain information in NCUOF investigations is considered confidential and shall not be provided as part of the discovery response.  Such information includes, but is not limited to:

  • Adjudication of the Use of Force incident;

  • Critiques of an officer’s tactics;

  • Training Evaluation and Management Systems II reports of individual officers;

  • Training and/or counseling documentation;

  • Disciplinary issues or actions; and,

  • Any portion of the Internal Review Process.

Note:  Certain items of information may not be clear as to whether a confidential or privileged status exists.  In such situations, a City attorney assigned to Police Discovery Section of the City Attorney's Office shall be contacted for guidance.  In some cases, protective orders may be needed for compelled statements.

792.40   GEOGRAPHIC BUREAU DETECTIVE COORDINATOR RESPONSIBILITIES.  The geographic Bureau Detective Coordinator (BDC) will be responsible for handling criminal discovery requests associated with a NCUOF investigation from the City Attorney's or District Attorney's Office.  The BDC handling the request must:

  • Prepare a package that contains the related discovery material;

  • Complete a Proposed Protective Order; and,

  • Forward the package to the requesting entity (City Attorney's or District Attorney's Office).

Note:  Criminal Discovery Requests for Uses of Force involving officers who are assigned to a non-geographic bureau will be handled by the BDC where the incident occurred.

If the case is less than six months old, the related reports may be available in the geographic BDC's Office.  Cases older than six months may be stored at Use of Force Review Division.

Bureau Commanding Officer's Responsibility:  All bureau commanding officers must designate and maintain a BDC to comply with the duties and responsibilities.

OUTSIDE POLICE AGENCIES

801. OUTSIDE AGENCIES.  Back to the top

 "Outside Agencies" refers to those organizations with which the Department has established formal procedures:

  • Bureau of Street Services, Investigation and Enforcement Division (BSS IED)

  • California Highway Patrol;

  • California State University Police;

  • Los Angeles Community College Police;

  • Los Angeles County Office of Public Safety;

  • Los Angeles Department of Airports Police Bureau (LADAPB) (Formal procedures with LADAPB are restricted to the booking of evidence and property into Department custody, Manual Section 4/840);

  • Los Angeles Department of Public Works (LADPW)

  • Los Angeles Department of Transportation, Transportation Investigators;

  • Los Angeles Department of General Services Security Division;

  • Los Angeles Harbor Department Port Warden;

  • Los Angeles Housing Authority Police Department;.

  • Los Angeles Unified School District Police Department; and,

  • University of Southern California Department of Public Safety.

Peace Officers' Powers. Officers of outside agencies are police officers while on‑duty and may make arrests, conduct investigations, and complete reports involving routine criminal matters as necessary to protect property designated as the concerned agency's responsibility. The Los Angeles Police Department shall retain final responsibility in all police matters occurring on school district, community college, park, or Housing Authority property within the City.

810. INVESTIGATIVE RESPONSIBILITY OF OUTSIDE POLICE AGENCY OFFICERS. Outside police agency officers will normally conduct routine preliminary investigations of crimes occurring on property designated as the concerned agency's responsibility. The responsibility for conducting follow‑up investigations shall remain with the LAPD.

Note: This Department shall conduct both the preliminary and the follow‑up investigations of any complex felony crimes and crimes of violence involving the use of any weapon.

811. RESPONSIBILITY OF THE DEPARTMENT ON STATE UNIVERSITY PROPERTY. Officers of the Los Angeles Police Department shall retain the preliminary and follow‑up investigative responsibility for the following situations occurring on UCLA or state university property:

  • Homicide and death investigations;

  • Crimes involving critical injuries;

  • Any situation requiring the Los Angeles Police Department Special Weapons and Tactics Team;

  • Bomb threats requiring the Los Angeles Police Department; and,

  • Other major crimes beyond the resources of respective campus police departments.

In cases involving crimes on the respective campuses, persons arrested and property booked by members of this Department shall be handled according to current procedures.

815.  FINGERPRINT INVESTIGATIONS. The Department will provide required fingerprint investigations within the City when requested by the:

  • California Highway Patrol;

  • Los Angeles Community Colleges Police;

  • Los Angeles County Office of Public Safety;

  • Los Angeles Department of General Services Security Division;

  • Los Angeles Harbor Department Port Warden;

  • Los Angeles Housing Authority Police Department;

  • Los Angeles Unified School District Police Department; and,

  • University of Southern California Department of Public Safety. Qualified officers of these outside agencies may conduct their own latent print investigations.

820. OUTSIDE POLICE AGENCY REPORTS. Crimes investigated by outside police agencies will be reported to this Department on the concerned agency's report forms. The original of each outside agency report will be delivered to the concerned geographic field services division watch commander within 24 hours of completion.

Exception: Crime and vehicle reports requiring immediate teletype transmission will be delivered to the concerned field services division watch commander immediately upon completion.

DR Number Issuance and Report Approval. All outside agency reports shall be approved by a supervisor of this Department prior to acceptance. The approving supervisor shall ensure that appropriate DR numbers are obtained from the Area Records unit by the concerned agency officers after report approval.

830. CHEMICAL TEST REQUESTED BY OUTSIDE POLICE AGENCY OFFICER.

Gas Chromatograph Intoximeter Tests. Gas Chromatograph Intoximeter tests required for an officer of an outside police agency investigation shall be provided by a qualified officer of the outside agency or an officer of this Department. When an outside agency officer is not qualified to administer the Gas Chromatograph Intoximeter Test, and the test is administered by a Department employee, the tests shall be witnessed by the concerned agency officer. Expert testimony in court relative to the Gas Chromatograph Intoximeter shall be provided by this Department.

Blood and Urine Samples. Blood and urine samples will be booked at the same location as the arrestee or at Property Division. Only Los Angeles Police Department blood and urine containers shall be accepted.

Note: A CHP officer desiring to administer a chemical test to an arrestee in their custody shall be accommodated in the same manner as an officer of this Department.

840. EVIDENCE BOOKED BY OUTSIDE POLICE AGENCIES. Officers of an outside police agency shall be permitted to book evidence and property into the custody of this Department. Department officers accepting custody of an outside agency's arrestee shall assume responsibility for all evidence and property associated with the arrest, and the concerned agency officer Taken Into Custody, Form 10.10.00.

Officers of outside agencies removing evidence from Property Division shall comply with procedures applicable to Department personnel.

When property is booked at an LAPD facility by officers of the Office of Public Safety (OPS) as a routine preliminary investigation, OPS is responsible for determining the disposition instructions for that property if that property does not result in an LAPD follow-up investigation.

841. EVIDENCE BOOKED BY CHP OFFICERS. The CHP may book evidence when it is:

  • To be analyzed by Scientific Investigation Division; and,

  • A firearm.

The CHP employee shall complete a Property Report, Form 10.01.00 (when a firearm is involved, a Firearms Supplemental Property Report, Form 10.01.01, and the Continuation Sheet for Firearms Supplemental Property Report, Form 10.01.02, when applicable, shall also be completed. A DR number shall be obtained and entered on the report by the LAPD supervisor who approves the report.

850. ARRESTS BY OUTSIDE POLICE AGENCY OFFICERS.

Arrests-LAPD's Responsibility. Outside police agency officers initiating an arrest will complete the arrest, booking, and other related reports. Department personnel shall assume the investigative responsibility for the follow‑up investigation of the crime.

Officers of this Department shall remain available to assist the outside police agency officers with the booking and processing of their adult and juvenile arrestees, as well as evidence and property procedures.

Note: Outside agency initiated arrests which require transportation to an outside custodial facility, other than Los Angeles Unified School District arrests, shall be the responsibility of the officer initiating the arrest.

The concerned agency officers shall care for the arrestee's vehicle when they are responsible for completing the investigation.

Improper Arrests. When a supervisor of this Department becomes aware that an arrest effected by an outside agency officer is improper, a supervisor from the concerned agency shall immediately be requested to review the matter. It shall be the responsibility of a supervisor of this Department to make the final determination on accepting custody of an arrestee.

851. CALIFORNIA HIGHWAY PATROL ARRESTS.

California Highway Patrol - Responsibilities. The California Highway Patrol (CHP) shall be responsible for booking and follow‑up investigation of persons arrested by CHP officers within the City when:

  • The arrest is for an offense which is within the purview of the CHP (California Vehicle Code (CVC) Sections 2400‑2409), except:

    • When the offense is related to a non-freeway reportable traffic collision; and,

    • When the offense is within Division 4, Chapter 4, of the CVC (Theft and Injury to Vehicles), and the Los Angeles Police Department (LAPD) has investigative responsibility.

  • The arrest is for possession of a controlled substance, except:

    • When a juvenile is involved as a suspect or victim;

    • When the quantity of the controlled substance could result in a booking for "possession for sale;" and,

    • When the circumstances of the arrest indicate the need for an on‑the‑scene investigation by the Department.

  • The arrest is for California Penal Code (PC) Section 148 (Resisting); and,

  • The arrest is based on a California misdemeanor warrant.

Note: When the wanting agency is other than the City of Los Angeles, the custodial detention officer shall ensure that the CHP officer has notified the wanting agency prior to booking the arrestee.

LAPD's Responsibility. When an arrest is made by a CHP officer for a crime committed in the City and the investigation does not ordinarily fall within the responsibility of the Highway Patrol, a LAPD unit will be requested to meet the CHP unit and accept custody of the arrestee, property, and vehicle.

Note: When an LAPD unit is dispatched and an uncertainty regarding the responsible agency cannot be resolved in the field, the LAPD officers shall assist the CHP officers until the responsibility is later determined by the LAPD watch commander giving booking approval.

When officers of this Department accept custody of a CHP arrestee, they shall also assume responsibility for the custody of all evidence and property associated with the arrest, and complete the booking and related reports.

Exception: When the evidence or property is of substantial value, the CHP officers will remain present until the property is booked into Department custody.

The concerned Department investigating officers shall assume responsibility for the booking advice and investigation of the crime. Booking approval for any arrest, shall only be obtained from an Area watch commander or the Watch Commander, Metropolitan Jail Section, Jail Division. When the arrest is for a misdemeanor offense, or when the concerned Department investigating officers are not available, the uniformed watch commander of the division of booking shall cause the booking and related reports to be completed.

Arrest Report Information. When an officer of this Department accepts custody of an arrestee from the CHP and completes the booking and related reports, the officer shall:

  • Ensure that all pertinent information is received from the CHP officer (e.g., name, serial number, observations, probable cause, violations committed, arrestee's statements, etc.) and is included in the arrest reports; and,

Note: On all misdemeanor arrests, the CHP officer initiating the arrest shall appear as the arresting officer on the arrest report. The names of the LAPD officers accepting custody of a CHP misdemeanor arrestee shall appear in the narrative portion of the arrest report.

  • When the initial arrest is for driving under the influence (23152 C.V.C.), attach one copy of the Intoxication Report, CHP Form 218, and both the court and violator copies of the Notice to Appear (traffic citation), CHP Form 215, to the investigating officer's copies of the LAPD arrest reports. The CHP officer will administer the related sobriety tests at the appropriate Department facility and remain present until all related reports are approved and duplicated. After duplication, the original CHP Intoxication Report shall be returned to the CHP officer.

Note: The CHP Notice to Appear will not be signed by the arrestee. The word "IN CUSTODY" will be placed by the CHP officer in the signature box. The "Date and Time for Appearance" box will be left blank.

Firearms Investigation. When a CHP officer conducting an investigation within the City determines that a person is illegally in possession of a firearm in violation of P.C. Sections 29800-29825 and 25850, the following procedures shall apply:

  • If the arrestee is also in custody for an offense which is within the purview of the CHP, the uniformed watch commander of the Area of arrest or the concerned Department investigative supervisor  shall provide booking advice. When booking on a felony charge that is not within the CHP's scope of responsibility, the concerned watch commander or detective supervisor shall be advised to book the firearm into Department custody according to the procedure of this Department;

  • When a CHP officer does not intend to book the person, an officer of this Department will be requested to meet the CHP officer. If the responding LAPD officer determines that the person should be arrested, he or she shall transport the person to the concerned division for booking advice; and,

  • Assigned LAPD investigating officers shall be responsible for the investigation and disposition of all firearms booked into Department custody by CHP officers.

Controlled Substance Investigation. When a CHP officer conducting an investigation within the City determines that a person is illegally in possession of a controlled substance and the arrest is within the responsibility of the CHP, the following procedures shall apply:

  • The LAPD watch commander giving booking approval may conduct a preliminary drug test, on felony arrests, to corroborate the arresting officer's opinion. A preliminary drug test shall be completed for misdemeanor arrests. Booking advice shall be provided on a Booking Approval, Form 12.31.00;

  • California Highway Patrol officers shall complete all related reports prior to leaving the booking facility. Division Record numbers shall be obtained by the supervisor approving the reports (Manual Section 4/841);

Exception: When a female is to be booked at Los Angeles County Jail, all reports will be completed and approved at Metropolitan Jail Section after the arrestee is booked. When a female is arrested in West Los Angeles or Pacific Areas, all reports shall be completed and approved in the Area of arrest after the arrestee is booked at Valley Jail Section.

  • California Highway Patrol officers shall book the evidence as advised by the narcotics investigator or watch commander; and,

  • California Highway Patrol officers shall use the California Highway Patrol Supplemental Report, Form 556, in lieu of the Continuation Sheet, Form 15.09.00, and the CHP Felony Report format in lieu of the LAPD Arrest Report, From 05.02.00,  format.

Note: When necessary, a CHP supervisor shall be contacted to assist in resolving any problem in processing a CHP arrestee.

860. BOOKING OUTSIDE POLICE AGENCY ARRESTEES.

Bookings-General. The Los Angeles Police Department shall furnish jail facilities for adult prisoners arrested within the City by officers of an outside police agency or Los Angeles Department of Transportation (LADOT) Investigators.

The Area Detective Division watch commanders shall be responsible for booking and arrest report approval during Detective Division operational hours of 0600 to 0200 hrs. Bookings made by officers of an outside police agency or LADOT Investigators outside these hours shall be approved by an Area or Jail Division watch commander. The watch commander providing that booking approval shall ensure that the arresting outside agency officer furnishes juvenile arrest and booking information to the Area/division teletype operator within 30 minutes of obtaining the booking number.

Transportation of adult and juvenile arrestees to an outside custodial facility shall be the responsibility of the arresting officers.

Excess personal property of such arrestees shall be accepted by this Department.

Exception: When an arrest is made by the CHP for an offense over which the CHP retains investigative responsibility (4/851), no prior booking approval from a member of this Department shall be required. In such cases, the Arrest Disposition Report, Form 05.09.00 (page lb of the Booking and Identification Record, Form 05.01.00), shall be given to the arresting officer.

When an arrest is made by the CHP for 10851 V.C. (Driving Without Owner's Consent), the detention officer shall ensure that the arresting officer has made telephonic notification to the concerned detective division or, when that division is closed, Detective Support and Vice Division. When a person wanted by this Department has been arrested by the CHP outside of this City and subsequently transported to a Department facility for booking, the concerned divisional investigating officers shall be responsible for the booking and related reports. When the investigating officers are not available, the concerned watch commander shall cause an employee of this Department to complete the booking and necessary reports.

Evidence of Medical Treatment. Prior to booking a sick or injured person at any Los Angeles Police Department (LAPD) facility, the arresting outside police agency or LADOT Investigator shall provide evidence of medical treatment and medical authority to book, from a City approved contract hospital, to the approving LAPD Watch Commander.

Complaints of Misconduct. In any case of a complaint of misconduct against an officer of an outside agency, the concerned Department supervisor shall notify the supervisor in charge from that agency. When misconduct constituting a crime is alleged against the officer, the concerned supervisor of this Department shall ensure that the appropriate crime report is taken and complete an Employee's Report, Form 15.07.00, describing the allegation. The Employee's Report and a copy of the crime report shall be forwarded to the Commanding Officer, Internal Affairs Group (IAG). The Commanding Officer, IAG, shall forward copies of both reports to the senior executive of the involved outside agency. The original crime report shall be processed in the normal manner.

865. BOOKINGS BY OUTSIDE POLICE AGENCIES. When an arrestee is booked by an outside police agency, the Department detention officer shall include the following information on the Booking and Identification Record, Form 05.01.00:

  • In the box entitled "DIV & DETAIL ARRESTING," insert the concerned agency's initials;

  • In the box entitled "CHARGE," following the inserted charge, add the arraignment court; and,

  • In the box entitled "ARRESTING OFFICER," insert the name and identifying number of the arresting officer, followed by the concerned agency's initials.

The following agency initials shall be used:

 Bureau of Street Services, Investigation and Enforcement Division  "BSS IED"
 California Highway Patrol     "CHP"

 Los Angeles Community Colleges Police Department    

 "LCPD"
 Los Angeles County Office of Public Safety  “OPS”
 Los Angeles Department of General Services Security Division    "GSSD"
 Los Angeles Department of Public Works  "LADPW"
 Los Angeles Department of Transportation  "LADOT"
 Los Angeles Harbor Department Port Warden  "LHPW"
 Los Angeles Unified School Police Department  "LAUS"
 University of Southern California Department of Public Safety   "USCOPS"
 California Department of Corrections Department of Motor Vehicles  "CDOC"
 California Department of Investigations and Audits Division  "DMV IAD"
 Los Angeles Department of Recreation and Parks  "LADRP"
 Los Angeles County Probation Department  ":LACPD"
 Department of Public Works   "DPW"
 State of California, Department of Health Care Services  “DHCS”

870. ARRAIGNMENT OF PRISONERS BOOKED BY AN OUTSIDE POLICE AGENCY. The detention officer having custody of a prisoner booked by an outside police agency shall cause the prisoner to be transported to, and arraigned at, the proper court as an "LAPD case."

871. ARRAIGNMENT OR RELEASE OF PRISONERS OF CHP RESPONSIBILITY. The detention officer having custody of a misdemeanor prisoner booked by the CHP shall cause the prisoner to be transported to the proper arraignment court. Felony prisoners booked by the CHP will be released upon the receipt of a teletype from the CHP authorizing the release.

When it appears that a prisoner will not be arraigned on or before the second court day following the calendar day of arrest, the detention officer shall notify the watch commander at least two hours prior to the expiration of the time limit. The watch commander shall make a telephone notification to the concerned CHP Area commander. The prisoner shall not be detained past the time limit. When a CHP officer has requested the release of a prisoner and no teletype authorizing the release has been received, the CHP officer shall be referred to the concerned investigating officers or Detective Support and Vice Division. When the investigating officer determines that a release should be authorized, he/she shall complete an Investigator's Final Report, Form 05.10.00.

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