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RELEASE_20170329_T031548Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Blank for Chief’s Preface - 1 BLANK FOR CHIEF’S PREFACE Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Code of Ethics - 2 LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Blank for Mission Statement - 3 BLANK FOR MISSION STATEMENT Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Table of Contents - 4 Table of Contents Blank for Chief’s Preface .................... 1 Law Enforcement Code of Ethics .................. 2 Blank for Mission Statement ................... 3 Chapter 1 - Law Enforcement Role and Authority ............ 5 100 - Law Enforcement Authority .................. 6 101 - Chief Executive Officer ................... 9 103 - Policy Manual ..................... 10 Attachments ....................... Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Role and Authority - 5 Chapter 1 - Law Enforcement Role and Authority Policy 100 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 6 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Fresno County Sheriff - Coroner's Office to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Sworn members of this office are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.). 100.2.1 OREGON AUTHORITY Sworn members of this office who enter the state of Oregon in order to provide or attempt to provide law enforcement assistance have Oregon peace officer authority within 50 miles from the California-Oregon border (ORS 133.405). Such authority shall only apply when deputies are acting: (a)In response to a request for law enforcement assistance initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police. (b)In response to a reasonable belief that emergency law enforcement assistance is necessary to preserve life, and circumstances make it impractical for Oregon law enforcement officials to formally request assistance. (c)For the purpose of assisting Oregon law enforcement officials with emergency assistance in response to criminal activity, traffic accidents, emergency incidents or other similar public safety situations, regardless of whether an Oregon law enforcement official is present at the scene of the incident. Fresno County Sheriff - Coroner's Office deputies have no authority to enforce Oregon traffic or motor vehicle laws. Whenever practicable, deputies should seek permission from an office supervisor before entering Oregon to provide law enforcement services. As soon as practicable, deputies exercising law enforcement authority in Oregon shall submit any appropriate written reports concerning the incident to the Oregon agency having primary jurisdiction over the area in which the incident occurred. 100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE FRESNO COUNTY SHERIFF - CORONER'S OFFICE On-duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed with the County or while assisting another agency. On-duty deputies who discover criminal activity outside the jurisdiction of the County should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. Fresno County Sheriff - Coroner's Office Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 7 When a deputy makes an out-of-county arrest pursuant to a warrant, the deputy shall inform the arrestee of the right to be taken before a magistrate in that county (Penal Code § 821; Penal Code § 822). 100.2.3 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE FRESNO COUNTY SHERIFF - CORONER'S OFFICE The arrest authority within the State of California is as follows (Penal Code § 830.1): (a)As to any public offense committed or which there is probable cause to believe has been committed within the jurisdiction of the Fresno County Sheriff - Coroner's Office. (b)Where the peace officer has the consent of the Sheriff. (c)As to any public offense committed or which there is probable cause to believe has been committed in the deputy’s presence and there is immediate danger to a person or property, or of the escape of the perpetrator of the offense. (d)Arrest pursuant to a warrant. 1.For out-of-county warrants, the arresting deputy shall inform the arrestee, in writing without delay, of the right to be taken before a magistrate in this county (Penal Code § 821; Penal Code § 822): 100.3 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, deputies are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate the abuse of law enforcement authority. 100.4 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. 100.5 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a)As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b)When a deputy enters an adjoining state in close or fresh pursuit of a person believed to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430). The person arrested out of state must be taken without unnecessary delay before a magistrate of the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440). Peace officers of another state who enter the State of California in fresh pursuit to arrest a person who has committed a felony in the other state have the same authority to arrest and hold in custody Fresno County Sheriff - Coroner's Office Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 8 such person as peace officers of this state have to arrest and hold a person in custody (Penal Code § 852.2). Policy 101 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chief Executive Officer - 9 Chief Executive Officer 101.1 PURPOSE AND SCOPE The California Commission on Peace Officer Standards and Training (POST) has mandated that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods. The Sheriff-Coroner is the Chief Executive Officer. 101.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this office appointed after January 1, 1999, shall, as a condition of continued employment, complete the course of training prescribed by POST and obtain the Basic Certificate by POST within two years of appointment (Penal Code § 832.4). Policy 103 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 10 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Fresno County Sheriff - Coroner's Office is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Fresno County Sheriff - Coroner's Office and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the County, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Fresno County Sheriff - Coroner's Office reserves the right to revise any policy content, in whole or in part. 103.3 AUTHORITY The Sheriff shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Sheriff or the authorized designee is authorized to issue Special Orders, which shall modify those provisions of the manual to which they pertain. Special Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 103.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CCR - California Code of Regulations (Example: 15 CCR 1151). Fresno County Sheriff - Coroner's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 11 CHP- The California Highway Patrol. CFR - Code of Federal Regulations. County - The County of Fresno. Non-sworn - Employees and volunteers who are not sworn peace officers. Department/FSO - The Fresno County Sheriff - Coroner's Office. DMV - The Department of Motor Vehicles. Employee - Any person employed by the Department. Juvenile- Any person under the age of 18 years. Manual - The Fresno County Sheriff - Coroner's Office Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Fresno County Sheriff - Coroner's Office, including: •Full- and part-time employees •Sworn peace officers •Reserve, auxiliary deputies •Non-sworn employees •Volunteers. Deputy - Those employees, regardless of rank, who are sworn peace officers of the Fresno County Sheriff - Coroner's Office. On-duty - A member’s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. POST - The California Commission on Peace Officer Standards and Training. Rank - The title of the classification held by a deputy. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. Fresno County Sheriff - Coroner's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 12 The term "supervisor" may also include any person (e.g., deputy-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation. When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. USC - United States Code. 103.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Sheriff or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and Special Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 103.6 PERIODIC REVIEW OF THE POLICY MANUAL The Sheriff will ensure that the Policy Manual is periodically reviewed and updated as necessary. 103.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Bureau Commander will ensure that members under his/her command are aware of any Policy Manual revision. All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Bureau Commanders, who will consider the recommendations and forward them to the command staff as appropriate. Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/03/29, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Index - 13 INDEX A ACKNOWLEDGEMENTS Policy manual............ 12 Policy revisions........... 12 ARRESTS Authority.............. 7 AUTHORITY .............. 6 Policy manual............ 10 C CHIEF EXECUTIVE ........... 9 CIVILIAN/NON-SWORN ........ 10 COMMAND STAFF Policy review............ 12 D DEFINITIONS ............. 10 DISCLAIMER ............. 10 G GRIEVANCES Supervisor authority.......... 10 J JURISDICTION Authority.............. 7 L LAW ENFORCEMENT AUTHORITY .... 6 M MUTUAL AID Interstate peace officer powers...... 7 O OREGON Authority.............. 6 P POLICY MANUAL ........... 10 R REVIEWS Policy manual............ 12