ODON POLICE DEPARTMENT STANDARD OPERATING PROCEDURES

 

1. Introduction. The rules and regulations sets forth in the standard operating procedures for the Odon police department are enforce until the marshal revises them.

1.1. Purpose: This standard is to specify the minimum requirements for an occupational safety and health program for the Odon Police Department, and safety procedures for those individuals involved in police duties, rescue, and related activities that will be mentioned in this manual.

1.2. Definitions:

a. Officer Defined. An officer shall be those who have been properly sworn to the oath of the office by the Odon town clerk/treasure

            b. Marshal Defined. The main administrator of the department

            c. Shall. Is mandatory

            d. May. Is permissive

            e. Should. Is suggestive

2. Officer Conduct. Each officer shall read and understand town ordinance # 12-971. Every officer shall conduct themselves in a professional manner while out in public or acting as a representative of the Odon police department. There will be no profane language or loud boisterous conduct while in public. No officer is to discuss department problems with anyone outside of the department. No officer will create or take a stand on departmental policy where other departments are involved. All such issues will only be settled between the marshal and the officer involved. Any contrary thoughts shall be discussed privately with the marshal. A serious confrontation shall be placed in writing for the marshal's attention before end of the tour of duty. When there is a complaint regarding an officer's conduct or illegal activity the marshal will first determine if there is cause for action, if the complaint is valid. When the marshal determines there should be action taken he will contact the officer and the Odon town board members to set a hearing date. After the hearing the marshal and the Odon town board shall determine the punishment, from suspension with pay to dismissal from the department.

2.1. General Appearance. All officers shall report for duty in full uniform, properly pressed, clean and properly worn. Unless otherwise arranged with the marshal. Physical hygiene will be guarded closely, clean-shaven, hair combed teeth and finger nails all clean.

2.2. Uniform Dress Code. The Odon town marshal establishes the uniform of the Odon police department. Officers shall not purchase firearms or other items to wear as part of the uniform unless approved by the marshal. The equipment furnished by the town is to be kept clean and in good working order.

            1. Shirt. The uniform shirt will be navy blue in color and will consist of short (summer) or long sleeves (winter). All officers shall wear the uniform shirt tucked inside the uniform slacks at all times.

2. Slacks. Uniform slacks shall be french blue with a half inch navy blue stripe. While standing, slacks shall be of sufficient length so as to cause the front crease to have or nearly have a slight break in the crease line caused by the bottom edge of the slacks meeting the top of the shoe.

            3. Stockings. Navy blue or black stockings shall be worn with uniform when low cut shoes is worn. Boots are exempt from this policy and any color stockings may be worn.

            4. Necktie. The necktie is optional but should be worn with the uniform shirts when appearing for court. A turtle neck shirt may be worn in place of the necktie except when appearing in court.

5. Bullet Proof Vest. This item should be worn at all times while uniform.

6. Uniform boots and shoes. Uniform boots and shoes shall be black in color.  

            7. Uniform Duty Leather. Uniform leather shall be black basket wave of clarion style or plain black as selected and approved by the marshal.

8. Collar Brass. Collar brass is composed of OPD or OPDR worn on collars of the summer and winter shirts. They are worn parallel to the top of the collar, 1" down from the collar, on the winter shirt and crossways to the point of the collar on the summer shirt.

9. Whistle Chain. The whistle chain is worn from the right shoulder epaulet to the right shirt pocket on both summer and winter shirt. The chain enters the pocket from the buttonhole. All awards, ILEA handgun qualification, etc. will be placed in a stacked fashion with the first one on the pocket flap and other above it with the whistle chain going behind them.

10. Name Tag. The nametag will be worn on the left shirt pocket flap, centered just below the pocket seam.

            11. Badge. The badge will be worn high enough so it does not touch the pocket on the left side.

12. Hat. The campaign hat (straw or felt) is optional wear except when appearing in court or during special events (i.e. Old Settlers Week). All officers are authorized to wear a ball cap in the place of the campaign hat except when appearing in court or special events. The ball cap must have a law enforcement insignia on it and be approved by the marshal.

3. Weapons, Equipment and Qualifications

3.1. Weapons. All officer's side arms will be kept clean and in good working order. At no time will an officer carry or use a weapon on duty that he or she has not qualified with or that has not been approved by the marshal. Each officer will be familiar with all the weapons carried in each patrol car. All department issue weapons will use only department issued ammunition while on duty. Any non-department issued weapon will use factory-loaded ammunition matched to the caliber of the weapon. Handgun ammunition will be a hollow point bullet with a weight of between 130 and 160 grains. Shotgun ammunition will be either 00 buck, #4 buck or deer slug. Off duty weapons will be of 25 caliber or larger and have a trigger guard. Officers may carry a weapon while off duty. The marshal must approve weapons, other than those currently carried in each patrol car.

3.2. Prohibited Use and Handling of Firearms. No officer shall:

1. Fire into crowds

            2. Fire into buildings or through doors, windows or openings when the person is not clearly visible.

            3. To effect the arrest of a person who has committed a crime other than those specified under the section titled "use of deadly/reasonable force."

4. Warning shots

            5. Firing at and/or from a moving vehicle, unless there is a threat to the life and well being of the officer or other person(s).

6. In areas heavily populated by citizens on foot or in vehicles, except to prevent death or serious injury to the officer or other person(s).

7. Officers shall not draw, flaunt, or otherwise display a firearm except in strict compliance with the line of duty and department policy.

8. Official discharge of a firearm requires completion of a firearm report in the manner prescribed by the marshal.

3.3. Qualifications. Officers shall be required to qualify with their duty weapon, shotgun, any off duty weapons or other weapons carried while on duty or to be used in the line of duty. A qualified range officer shall supervise the qualification. If an officer fails to qualify with his or her weapon the officer will be restricted to riding with another officer until such time as the officer can qualify with the weapon. Firearm qualifications will be held with the Davies County Sheriffs Department (DCSD).

4. Patrol Cars

4.1. Use. All officers shall be familiar with the use and operation of all the equipment contained in each patrol car. Maintenance, care, and cleanliness are the responsibility of each officer in the department. If any patrol car develops a mechanical or equipment problem it must be brought to the marshal's attention immediately after discovery of the problem. If the patrol car in use is out of service the officer must use the next available car. No officer will remain on duty in a vehicle where the equipment or the car is not functioning properly. All Odon police department vehicles shall be driven in a safe and proper manner. All traffic laws shall be observed, with exception of emergency runs. There shall be no smoking permitted in any patrol car by an officer or occupant.

4.2. Accidents. The Odon police department shall not investigate any accident involving its own vehicles.

1. If inside the town limits of Odon or inside of Davies county contact the DCSD unless inside Washington City limits then contact the Washington City police.

2. If out side of Daviess county contact the sheriff's department or city police department with jurisdiction if available, if not contact the Indiana State Police,

3. Any accidents involving personal injury or if the patrol car is disabled contact the marshal at the earliest possible time.

4.3. Riders and the Ride Along Program.

1. Any adult wishing to ride with an officer shall first get the permission from that officer, then make an appointment with the marshal for approval.

2. The person requesting permission to ride shall be required to sign a ride along request form and a responsibility waiver.

3. An officer shall never be required to have a civilian ride along rider against his/her will.

4. The rider shall be required to dress in a neat, clean and dignified manner.

5. Riders in the ride along program shall at no time become involved in any police action that could result in injury to the rider.

6. An officer may transport civilian riders other than authorized participants in the department ride along program and immediate members of their family, on a limited basis with the approval of the marshal.

4.4. Emergency Runs. The proper handling of an emergency by a police officer cannot be accomplished unless the officer arrives safely at the scene. The driver of a police vehicle approaching an intersection controlled by a light, stop sign, or any controlled intersection shall proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. Resume speed only when safe. When using the lights and siren. The officer is requesting the right of way, and does not absolutely have the right to run a red traffic light or stop sign at high speed. There are two driving situations as explained below:

1. Responses to calls will not exceed the posted speed limit. If assistance of an emergency nature is needed, signal 10 runs will be permitted. Additional units may also proceed signal 10. Emergency lights will not be used while responding to routine calls.

2. Signal 10, high-speed runs will be kept to a minimum, and will be the exception not the rule. Only in dire emergencies will high-speed runs be made.

The policy of the Odon police department with regard to the use of red lights and siren must be consistent with the policy, intent and spirit of legislation reference to the use, of such equipment. The following quoted sections from the Indiana statutes indicate the spirit of legislation involved.

9-4-1-25 Publicly Owned Vehicles; Emergency Vehicles. The provisions of this act applicable to the drivers of all vehicles on a highway shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or any other political subdivision of the state to such specific exceptions as are set forth in this act with reference to authorized emergency vehicles. Unless specifically made applicable, the provisions of this act shall not apply to persons, teams, motor vehicles and other equipment while engaged in work on the surface of a highway, but shall apply to such persons and when traveling to and from work. The driver of any authorized emergency vehicle when responding to an emergency or when in the pursuit of an actual or suspected violator of the law or when responding, but not returning from, a fire alarm, may exercise the privileges set forth in this act, but subject to the conditions herein stated. The driver of an authorized emergency vehicle may.

1. Park or stand, irrespective of the provisions of this act

            2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.

3. Exceed the maximum speed limits so long as he/she does not endanger life or property.

4. Disregard regulations governing direction of movement or turning in specified directions.

The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signal meeting the requirements of law, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from duty to drive with due regard for safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for safety to others. It should be noted that the violation of statutory duty such as is set out above, can result not only in criminal, but also civil liability to the individual officer concerned. To briefly summarize, the policy of this department reference to operation of a police car as an emergency vehicle as directed by legislative mandate, is;

1. The use of red lights and siren to assume special driving privileges and to warn the public thereof is authorized only when the police car is being used as an emergency vehicle, to wit: when answering an emergency call or when pursuing an actual or suspected violator of the law.

2. When it is necessary to assume special driving privileges both red lights and siren shall be used.

3. No police employee driving a police vehicle as an emergency vehicle will drive with reckless disregard for the safety of others, even though the red lights and siren are being used. All such employees will exercise appropriate caution in such emergency driving as directed by the condition of the highway, the density of vehicular and pedestrian traffic, visibility, and all other circumstances having bearing on the probability of an accident.

4.5. Blockades/Roadblocks. Roadblocks shall be employed only as a last resort.

1. Emergency vehicle lighting shall be in operation when a police vehicle is used as a stationary roadblock.

2. Vehicles used as stationary roadblocks shall not be occupied.

3. Privately owned vehicles shall not be commandeered to be used as roadblock.

4. Roadblocks shall be set up where it will afford clear visibility to traffic in all directions and to all highway users.

5. An escape route through the roadblock must be established. The escape route must be established in such a manner to be maneuvered through at a reasonable speed.

6. Remove vehicles and people not associated with the roadblock.

7. Rolling roadblocks (boxing in) shall not be used.

8. Stop sticks will be used vise roadblocks whenever possible.

9. Each regular officer will carry in his vehicle a card with the state police blockade codes.

10. Only in an extreme emergencies will a blockade location be mentioned on the air, unless the dispatching agency gives the road block site on air.

11. An officer may run to a blockade with red lights and siren at his/her discretion, if circumstances warrant.

12. No officer of this department shall stop traffic while alone at a blockade point. He/She is to set and observe the traffic at that point until assistance arrives. If they observe the suspect vehicle they are to follow or pursue it until help arrives.

13. All blockades/road blocks are set up as a result of a crime or requested by another police agency.

14. In cases where vehicles are stopped and checked, any officer checking the vehicle will make a visual search of all vehicles, but not a physical search unless the vehicle or occupants match or the officer has other probable cause to do so.

15. Another officer from a safe position shall cover officers stopping and checking the vehicles with the proper weapon.

4.6. Leaving the County. Department vehicles shall not leave the county, except with the approval of the Marshal or for official business and in the performance of duty (hot pursuit will be an exception).

4.7. Additional Guidelines.

a. No passengers except department employees, police officers or other specifically authorized individuals shall be permitted in a police car during signal 10 runs. Unauthorized individuals shall be let out of the vehicle before commencing their run. Signal 10 runs will not be made with a prisoner in the vehicle unless run is for the saft6ty or security of the prisoner or the officer.  

b. At no time will officers endanger the lives of passengers.

c. Only department employees may operate department vehicles unless otherwise authorized by the marshal.

d. Only department employees will use department equipment, including radio and weapons, except in dire emergency.

e. The driver and all passengers shall be required to wear their seat belts.

f. Employees will not operate department vehicles barefoot or shirtless. Neat; presentable clothing; is required.

g. Officers shall always be armed while in the department vehicle. Necessary items and equipment shall be in the vehicle at all times to answer complaints, accident or other emergency or police calls.

h. Officers assigned department vehicles shall be considered on 24 hr call, except during vacation and may be called at any time to answer an emergency or police action, or to stand by at any complaint or accident until the unit assigned arrives and relieves the off duty officer.

i. Off-duty officers, while in department vehicles shall keep radio volume at an audible level. They shall answer all radio traffic directed to them, or any other emergency call dispatched that they can readily answer.

j. All employees in marked vehicles shall be constantly aware that they are being observed by the public, and are considered on duty by all citizens that see the marked; vehicle.

k. All officers shall not display any type of red lights in or on their personal vehicle without the approval of the marshal.

5. Pursuits: When pursuing an actual or suspected violator of the law a motor vehicle pursuit is justified only when the necessity of immediate apprehension clearly outweighs the level of danger created by the pursuit. Totally encompassing guidelines cannot be established to cover all types and circumstances of emergency and pursuit driving. However, officers involved in emergency driving or vehicular pursuits will be held j accountable for their decisions made during the pursuit and must constantly strive to use good judgment and observe for the unexpected variables that spontaneously occur.

a. Engaging in emergency or pursuit driving will normally be a discretionary decision on the part of the individual officer.

b. Emergency or pursuit driving shall not be initiated when non-department personnel or persons in custody are passengers in an authorized emergency vehicle.

c. If the suspect in the pursued vehicle has been identified, termination of the pursuit may be the best course of action. If the pursuit continues, the pursuing officer' must constantly question and evaluate if the seriousness of the crime justifies the increased dangers of the continued pursuit.

6. Use Of Deadly/Reasonable Force. Officers shall use only that force which is necessary, exhausting every reasonable means, before resorting to the use of a firearm. Deadly force shall be considered as a last resort rather than an alternative. Such force shall never be used on mere suspicion. The safety of the citizen and fellow officers shall always be a consideration in any decision to use a firearm.

a. Officers are justified in using reasonable force if they reasonably believe that force is necessary to effect a lawful arrest. However, an officer is justified in using deadly force only if he believed that such force is necessary to:

1. Prevent serious bodily injury to himself or third person

2. Prevent the commission of a forcible felony, or to effect the arrest of a person who has committed or attempted to commit one of the following serious cries or forcible felonies.

                                    (a). Murder

(b). Rape

(c). Robbery

(d). Arson

(e). Any other felony which involves the use or threat of force or violence against any individual.

            b. Officers who have an arrested person in their custody are justified in using the same force to prevent the escape of the arrested person from their custody that they would be justified in using if they had not arrested that person.

c. The use of deadly force policy stated above shall be the primary consideration governing pursuits and subsequent roadblocks.

1.      Discharging firearms at or from a moving vehicle is prohibited unless the offender is employing deadly force against the officer or private citizen.

2.      A police vehicle shall not be used to "RAM" another vehicle during a pursuit.

A police vehicle shall be viewed with the same regard as use of a deadly weapon and such use shall be considered only as a last resort during pursuits when the officer reasonably believes he must use such force to prevent serious bodily injury to himself or a third person.

7. Media.

7:1. News media. The police department should make every attempt to work with the news media when the department is involved in or has information of newsworthy items. The Marshal shall approve all releases. Exceptions are when an arrest is made and the subject is jailed at the DCSD, the release is then through theDCSD.

7.2. Death Notification. When giving death notification due to accidents, homicide, etc. An officer in person shall make this if possible. No news release shall be made until this is done.

8. Complaints.

8.1. Intervention. Complaints or investigation where there is a personal relationship between the officer and the accused, victim or suspect, will require that the officer remove him/herself from the investigation. Officers shall not interfere with cases or investigations being handled by other employees of the department or any other agency or person unless:

1. Ordered to interfere by a supervisory officer.

2. The interfering officer believes beyond a reasonable doubt, that a manifest injustice would result from inaction.

3. In all instances, a written report of the interference with action taken and basis of action should be forwarded to the marshal before the end of that duty shift.

8.2. Citizen Complaints. Officers shall courteously and promptly direct persons wishing to lodge a complaint against any officer or department policy or procedure to the marshal. The marshal may forward the complaint to the town board if the complaints are of a serious nature. The marshal shall conduct a formal investigation if the complaint is of a serious nature. Persons wishing to make complaints on officers shall be required to fill out a written complaint.

9. Use of Force. It is the policy of the Odon police department that the amount and degree of force to be used is that which is reasonably necessary to perform the various duties of employees in restraining arrestees to prevent personal injury and property damage. Each instance of the use of force will be require that restraint be exercised so as not to purposefully exceed that force necessary as dictated by the particular circumstance faced by the employee. These procedures will not be in conflict with other sections of this manual, but will compliment and extend those other written policies to all duties of employees. When use of force is needed in the performance of duties the use of force that results in personal injury or substantial property damage shall be factually reported in writing. The written report of use of force may be a part of the written incident report; however, it shall be addressed to the marshal.

10. Arrests. IF IN DOUBT DO NOT ARREST! Long form the subject if there is doubt about the legality of an arrest. All subjects taken into custody who are arrested on any charge of alcohol, drug, disorderly conduct or any felony shall be handcuffed behind the back for transportation. They will be field searched or frisked before being placed into the vehicle. They will be taken to the Davies County Security Center for booking. Before transport the officer must report to the Davies county dispatcher the starting; mileage and having arrived at the security center the officer must report the ending mileage. This information will be logged in the officer's logbook.

11. Inventory. Any vehicle towed or impounded, as a result of an arrest will have its contents inventoried as soon as possible. All property contained in the vehicle will be listed on the inventory sheet along with the name of the officer conducting the inventory. Towing services shall be rotated.

12. Reports. The Odon police department will work all cases, incidents or arrests that occur in the town limits of Odon. The officer working the detail will complete all associated paper work. If an officer is called to work a case outside the tow, limits of Odon, the officer is responsible for completing the associated paper work unless otherwise instructed by the police agency holding jurisdiction in the case or by the marshal.

13. Training. All officers are required to have 16 hours of in service training per year. Any training required by the town will be paid for and if it falls on the officer's days off officer will be paid for that time. All training shall be approved by the marshal and shall be attended during the officer's regular days of scheduled duty (if possible). If an officer wishes to attend training that is not required, the town of Odon shall not be required to pay the officer for attending this training if it falls on his/her regular scheduled days off.

14. Sexual Harassment. No Officer shall in any way do or make any derogatory remarks or gestures toward any person no type of derogatory materials may be displayed in the police station or any police vehicle. Such derogatory materials include but are not limited to nude or partially nude pictures of men or women. Regardless of race religion, color or nationality.

15. Accident Investigation. All personal injury accidents and property damage accidents with damage over $750.00 there shall be a state accident report filed. In ail other cases it is the discretion of the officer, unless an accident report is requested by the person(s) involved at the scene. Any accident investigation outside the town limits of Odon will be handled in accordance with the DCSD SOP.

16. Jurisdiction. All officers have direct jurisdiction inside the limits of the town of Odon. All cases which occur within these limits will be handled by an Odon police officer whenever possible unless otherwise directed. No officer will act outside of the town limits unless, dispatched by the DCSD, the officer is involved in a pursuit, or directed to do so by the marshal. Felonies are the only exception to this jurisdiction rule. It is not the intention of this rule to limit the officer's ability to perform his/her duty. However, the close working relationships, which exist between our department, and surrounding departments must be taken into consideration when outside of town limits.

17. Towing. No wrecker will be called to tow a vehicle that sits on private property unless the vehicle was involved in a crime or is part of the evidence in a crime. If the owner of the property wishes the vehicle removed then the owner shall call the wrecker.

18. Police Action Shooting. In tile event of an officer involved shooting. The Officer will be placed on a paid leave of absence until cleared by a formal investigation conducted by the DCSD.

19. Fire Calls. When an officer is called to a fire scene he is to assist the fire chief at the scene as he is in charge of the fire scene. An officer will only respond to fire calls in the town limits of Odon unless requested by the fire chief, directed by the Marshal or dispatched by the DCSD. The officer is to assist in the investigation as needed. If DCSD investigator is needed then he is to be contacted by that officer.

20. Hazardous Materials. When an Officer is called to a scene of suspected hazardous materials the officer is to do:

1. Upon arrival ascertain if there is actually hazardous materials involved, if it can be done with out danger to the officer or others. Find out what kind of hazardous materials by placard number, UN number, weigh bill or name on package.

2. If hazardous materials are involved, determine if there is a released of product.

3. If there is a release then notify the department to contact the civil defense director and the state police for assistance. DO NOT approach the release area until it can be determined if the material is hazardous.

4. Notify the dispatcher about the weather conditions around the site. (wind, temperature, precipitation)

5. If there is a need to evacuate or isolate the area do so if it can be done with out risk.

6. When adequate assistance arrives there should be an incident commander assigned to over see the incident (the person with the most knowledge of the type of incident). The officer should contact him and find out how he could best serve.

7. Tile officer should stay at the incident until he is relieved, the sheriff or marshal orders him/her to leave or the situation becomes too hazardous to stay in the area.