Common use of Arrests Clause in Contracts

Arrests. 57. EHPD officers shall only arrest an individual where the officer has probable cause. In effectuating an arrest, EHPD officers shall not rely on information known to be materially false or incorrect. Officers may not consider demographic category in effecting an arrest, except as part of an actual and credible description of a specific suspect in an ongoing investigation. 58. An officer shall immediately notify a supervisor when effectuating a felony arrest, an arrest where the officer used force, an arrest for obstructing or resisting an officer, any disorderly conduct type arrest, or a custodial arrest for a vehicle infraction, and the supervisor shall, absent exigent circumstances, immediately respond to the scene. A supervisor shall document in the case file the exigent circumstances preventing his or her presence. 59. The responding supervisor shall approve or disapprove the officer’s arrest recommendation, based on the existence of justifiable probable cause and EHPD policy. The supervisor shall take appropriate action to address violations or deficiencies in the officer’s arrest recommendation, including releasing the subject, recommending non- disciplinary corrective action for the involved officer, and/or referring the incident for administrative or criminal investigation. 60. At the time of presentment at EHPD headquarters, a watch commander or supervisor shall visually inspect each detainee or arrestee for injury, interview the detainee or arrestee for complaints of pain, and ensure that the detainee or arrestee receives medical attention from an appropriate medical provider, as necessary. The watch commander or supervisor shall document the results of the visual inspection in writing. 61. EHPD officers shall complete all arrest reports before the end of shift. EHPD field supervisors shall review each arrest report of officers under their command and shall memorialize their review in writing within 12 hours of the arrest, absent exceptional circumstances. Supervisors shall review reports and forms for “canned” or conclusory language, inconsistent information, lack of articulation of the legal basis for the action, or other indicia that the information in the reports or forms is not authentic or correct. 62. As part of the supervisory review, the supervisor shall document in an auditable format those arrests that are unsupported by probable cause, are in violation of EHPD policy or this Agreement, or that indicate a need for corrective action or review of agency policy, strategy, tactics, or training. The supervisor shall take appropriate action to address violations or deficiencies in making arrests, including recommending non-disciplinary corrective action for the involved officer, and/or referring the incident for administrative or criminal investigation. For each subordinate, the supervisor shall track each violation or deficiency and the corrective action taken, to identify officers needing repeated corrective action. The supervisor shall ensure that each violation or deficiency is noted in the officer’s performance evaluations. The quality of these supervisory reviews shall be taken into account in the supervisor’s own performance evaluations. EHPD shall take appropriate corrective or disciplinary action against supervisors who fail to conduct reviews of adequate and consistent quality. 63. A command-level official shall review, in writing, all supervisory reviews related to arrests that are unsupported by probable cause, are in violation of EHPD policy or this Agreement, or that indicate a need for corrective action or review of agency policy, strategy, tactics, or training. The commander’s review shall be completed within seven days of receiving the document reporting the event. The commander shall evaluate the corrective action and recommendations in the supervisor’s written report and ensure that all appropriate corrective action is taken, including referring the incident to the IAO for investigation.

Arrests. 57. EHPD officers shall only arrest an individual where the officer has probable cause. In effectuating an arrest, EHPD officers shall not rely on information known to be materially false or incorrect. Officers may not consider demographic category in effecting an arrest, except as part of an actual and credible description of a specific suspect in an ongoing investigation. 58. An officer shall immediately notify a supervisor when effectuating effectuating: a felony arrest, ; an arrest where the officer used force, ; an arrest for obstructing or resisting an officer, ; any arrest for the violation of interfering with an officer; any arrest for violation of either breach of the peace in the second degree or disorderly conduct type arrestin which the violative conduct is (a) a reaction to police presence or officer conduct, or (b) targeted towards a police officer; or a custodial arrest for a vehicle infraction, and the supervisor shall, absent exigent exceptional circumstances, immediately respond to the scene. A supervisor shall document in the case file the exigent exceptional circumstances preventing his or her presence. 59. The responding supervisor shall approve or disapprove the officer’s arrest recommendation, based on the existence of justifiable probable cause and EHPD policy. The supervisor shall take appropriate action to address violations or deficiencies in the officer’s arrest recommendation, including releasing the subject, recommending non- disciplinary corrective action for the involved officer, and/or referring the incident for administrative or criminal investigation. 60. At the time of presentment at EHPD headquarters, a watch commander or supervisor shall visually inspect each detainee or arrestee for injury, interview the detainee or arrestee for complaints of pain, and ensure that the detainee or arrestee receives medical attention from an appropriate medical provider, as necessary. The watch commander or supervisor shall document the results of the visual inspection in writing. 61. EHPD officers shall complete all arrest reports before the end of shift. EHPD field supervisors shall review each arrest report of officers under their command and shall memorialize their review in writing within 12 hours of the arrest, absent exceptional circumstances. Supervisors shall review reports and forms for “canned” or conclusory language, inconsistent information, lack of articulation of the legal basis for the action, or other indicia that the information in the reports or forms is not authentic or correct. 62. As part of the supervisory review, the supervisor shall document in an auditable format those arrests that are unsupported by probable cause, are in violation of EHPD policy or this Agreement, or that indicate a need for corrective action or review of agency policy, strategy, tactics, or training. The supervisor shall take appropriate action to address violations or deficiencies in making arrests, including recommending non-disciplinary corrective action for the involved officer, and/or referring the incident for administrative or criminal investigation. For each subordinate, the supervisor shall track each violation or deficiency and the corrective action taken, to identify officers needing repeated corrective action. The supervisor shall ensure that each violation or deficiency is noted in the officer’s performance evaluations. The quality of these supervisory reviews shall be taken into account in the supervisor’s own performance evaluations. EHPD shall take appropriate corrective or disciplinary action against supervisors who fail to conduct reviews of adequate and consistent quality. 63. A command-level official shall review, in writing, all supervisory reviews related to arrests that are unsupported by probable cause, are in violation of EHPD policy or this Agreement, or that indicate a need for corrective action or review of agency policy, strategy, tactics, or training. The commander’s review shall be completed within seven days of receiving the document reporting the event. The commander shall evaluate the corrective action and recommendations in the supervisor’s written report and ensure that all appropriate corrective action is taken, including referring the incident to the IAO for investigation.