On the agenda: East Haven meeting — Automated License Plate (Jan 27)
Past ⚠ Agenda Watch East Haven, Connecticut · Tuesday, January 27, 2026 — 8 months ago
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The published agenda for the January 27, 2026 meeting contains: "Automated License Plate", "ALPR", "Automated license plate". The meeting has passed. The agenda stays here as a permanent public record.
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1. BOPC Monthly Meeting-01.27.26 (Agenda)
Documents:
BOPC-MONTHLY MEETING-01.27.26-AGENDA.PDF
2. Chief Report - Jan 2026
Documents:
CHIEFS REPORT-01 JAN 2026.PDF
3. Policy Revision(S) - DRAFT
Documents:
POLICY REVISIONS - DRAFT.PDF
EAST HAVEN DEPARTMENT OF POLICE SERVICES
471 NORTH HIGH STREET • EAST HAVEN, CONNECTICUT 06512
Mayor Joseph A. Carfora
Honorable Board of
Police Commissioners
HONORABLE BOARD OF POLICE COMMISSIONERS
MONTHLY MEETING AGENDA
JANUARY 27, 2026 | 7:00 PM
471 NORTH HIGH STREET
EAST HAVEN, CT
1. Pledge of Allegiance
2. Moment of Silence
3. Roll Call
4. Announcement(s)
5. Consider and act upon the approval of the Special Meeting minutes of December 9, 2025
6. Consider and act upon the approval of the Monthly Reports (December 2025 and January 2026)
7. Consider and act upon Committee Reports & Recommendations
8. Public Comment
9. Correspondence Received/Sent
10. Department Updates
a. Personnel Matters/Injured Employees
b. Overtime
c. Awards & Commendations
d. Noteworthy News
11. Old Business
12. New Business
a. Discussion and approval of new policies 112.1 (Hazard Communication); 454.1
(Uniform Crowd Control and Management)
b. Discussion and approval of revised policies 402.5 (Automated License Plate Readers
(LPR)); 409.9 (Motor Vehicle Stops); 411.6 (Police Vehicle Operation and Equipment);
415.10 (Domestic Violence); 416.7 (Domestic Violence Involving Police Personnel);
502.8 (Securing Arrestees in Station)
Disability Accommodation Notice: Disability accommodation is available upon request. Any person with a disability requiring an accommodation, auxiliary aid or
service, or a modification of policies or procedures to ensure effective communication and access to the public hearings/meetings of the Town of East Haven should
contact the BOPC Clerk via email [email protected] or (203) 468-3214. Accommodation requests should be made as soon as possible and no later
than five (5) business days before the hearing/meeting.
Honorable Board of Police Commissioners – Monthly Meeting
January 27, 2026
Page 2 of 2
c. Interview and consideration of candidates for hire to Police Officer – Grade C (Executive
Session)
13. Adjournment
Respectfully submitted,
Digitally signed by Marsha M. Maldonado
Date: 2026.01.23 16:09:33 -05'00'
Marsha M. Maldonado
Clerk to the Honorable Board of Police Commissioners
East Haven Police Department
471 North High Street East Haven, Connecticut 06512
Tel (203) 468-3820
www.easthavenpolice.com
Edward R. Lennon, Jr.
Chief of Police
Patrick Tracy
Deputy Chief of Police
Monthly Report
to the
Honorable Board of Police Commissioners
January 2026
Calls Dispatched
Arrestees (Custodial)
Drug-Related Arrest(s)
Infraction(s)
Motor Vehicle Accident(s)
Motor Vehicle Stop(s)
Motor Vehicle Summon(s)
Parking Tag(s)
Sexual Assault Arrest(s)
Dec 10 – Jan 20
2,833
48*
2
32
80
196
2
4
0
Nov 19 – Dec 9
1,456
31*
3
27
44
135
2
3
0
Oct 22 – Nov 18
1,990
53*
1
39
60
141
10
1
0
Sep 24 – Oct 20
1,977
47*
6
40
45
182
7
1
0
Dec 10 – Jan 20
82
82
8
38
24
12
Nov 19 – Dec 9
53
53
6
28
16
3
Oct 22 – Nov 18
58
58
5
25
23
5
Sep 24 – Oct 20
43
39
4
13
17
9
*plus juvenile arrests.
ALARMS
Total Alarms
False Alarms:
Alarm Cancelations**
False Alarms – Business
False Alarms – Residential
False Alarms – Town Building
**prior to dispatching an officer or officer arriving.
Respectfully submitted,
Edward R. Lennon, Jr.
Chief of Police
Integrity Community Accountability Respect Excellence
East Haven
Police
Department
Type of Directive:
Policies & Procedures
Subject/Title:
Hazard
Communication
No. 112.1
Issue Date:
January 27, 2026
Effective Date:
February 13, 2026
Issuing Authority:
Review Date:
Honorable Board of
Police Commissioners
Annually
References/Attachments:
OSHA Regulation (General Industry) – 1910.Subpart Z Toxic and
Hazardous Substances
OSHA Regulation (General Industry) – 1910.Subpart H Hazardous
Materials
OSHA Regulation (General Industry) – 1910.Subpart I Personal
Protective Equipment
OSHA Regulation (General Industry) – 1910.Subpart L Fire
Protection
I.
Rescinds:
N/A
Amends:
N/A
PURPOSE
A. The purpose of this directive is to set forth the policies and procedures of the East Haven
Police Department (EHPD) for the safe handling of chemicals and other potentially
hazardous materials that may be encountered during daily operations. The intent of this
policy is to comply with OSHA requirements and to promote consistent best practices
that reduce the risk of exposure and injury while working with these materials.
B. Chemicals and other potentially hazardous materials can be part of daily operations for
employees of the Department. It is our intention to provide a policy for consistent
application of best practices to minimize the exposure to potential injuries from these
materials during daily work tasks. At the same time, it is our intent to comply with OSHA
requirements as a best practice and as necessary for our organization to maintain
compliance.
II.
POLICY
A. It is the policy of the Department to establish and maintain an appropriate program to
ensure the safe handling, storage and shipping of chemicals and other potentially
hazardous materials. Copies of the program may be obtained in PowerDMS.
112.1 – Hazard Communication
February 13, 2026
Page 1 of 4
III.
GENERAL GUIDELINES AND CONSIDERATIONS
A. Workers in the United States have the right to know the chemicals and other potentially
hazardous materials they may encounter during their workday. The Hazard
Communication standard for both General Industry and Construction are in place to
provide information to keep employees safe while using or interacting with these
materials.
B. If after reading this program, you find that improvements can be made, please contact the
Chief of Police or his/her designee. We encourage all suggestions because we are
committed to the success of our risk control programs. We strive for a comprehensive,
integrated prevention system that obtains clear understanding, safe behavior, and
involvement in the program from every level of the Department.
IV.
PROCEDURES
A. The Written Program
1. In accordance with OSHA standards, the Department maintains a written Hazard
Communication Program. The written Hazard Communication Program is available
to all employees in PowerDMS. The program consists of the following:
a. The names of those responsible for administering each part of the program.
b. An inventory of all the hazardous materials onsite, including Safety Data Sheets
(SDS).
c. Employee training procedures, including the personal protective equipment (PPE)
specified on the SDS.
d. Information about container labeling procedures.
e. General instructions for safe handling of the chemical, proper disposal, and
emergency procedures.
f. Training on unusual tasks, such as cleaning machinery, that may result in
additional hazards.
g. Rules that private contractors must follow when onsite.
B. Hazardous Material Inventory
1. At least annually, the Department will complete an inventory of the chemicals in use
in the workplace as part of our written program. This inventory will be available for
any State regulatory purposes, for first responders’ use in an emergency, and for
affirming the accuracy of our SDS information.
C. Personal Protective Equipment (PPE)
1. PPE is to be worn as directed by labeling or the SDS related to that material. PPE
may include head, eye, hand, foot, body, or respiratory protection. A documented
hazard assessment has been completed that identifies the type of PPE to be worn and
112.1 – Hazard Communication
February 13, 2026
Page 2 of 4
where it is to be worn. Training will be provided on the correct use, wear, and
maintenance of PPE as applicable to the exposure and task.
D. Exposures, Controls and Testing
1. As part of Hazard Assessment for PPE, the Department will evaluate potential
exposure levels for all employees. Testing by an industrial hygienist will be used
where appropriate to determine PPE needs and consideration of other engineering or
administrative controls.
2. Exposure control to chemicals and other potentially hazardous materials includes
protection from possible routes of entry to the body including ingestion, inhalation,
absorption, and injection. By evaluating the amount of exposure, comparing to
current industrial hygiene standards for these materials, and providing the required
and appropriate training and PPE, the Department is determined to provide a safe and
healthful workplace for our employees.
E. The Globally Harmonized System (GHS) and Hazard Communication Information
1. GHS was developed through the United Nations to provide a more universal format
for sharing chemical information between manufacturer and user where language and
regulations vary. The use of consistent chemical classification, labeling format,
pictograms, and a revised 16-section SDS format are in place to meet this
communication need and improve the safety of handling and using chemicals and
other potentially hazardous materials.
2. The GHS provides information for the communication of potential hazards in several
ways, all available to any employee of the Department.
3. Labels are required on all containers received from a supplier for use in the
organization’s operations. These labels must not be defaced or altered, and any
questions should be directed to your supervisor. These labels will provide a
combination of one or more of the following items: a Hazard Statement, which
provides brief, but key information about the potential hazards; Supplemental
Information about the use, weight, expiration date, and Precautionary Statements,
which expand on the Hazard Statement and also provide information in case of fire,
and first aid recommendations.
4. Labeling will be provided for all secondary containers to clearly identify the contents
of that container. Unidentified containers should be reported to management. One of
the items on labels will often be a pictogram. There are nine (9) pictograms of which
eight (8) are under OSHA’s authority and one under EPA/DEP as it relates to
environmental exposures. Training at the Department will ensure each employee can
interpret these pictograms and understand the exposure and potential controls you
should use.
112.1 – Hazard Communication
February 13, 2026
Page 3 of 4
5. SDS are in 16 sections and required to be consistent in order by all manufacturers.
SDS may be received through various departments at the EHPD but will also be
provided to the exposure work areas. SDS may be kept electronically but must be
available to any employee on request during normal business hours. A paper version
is recommended, which may also be useful in the event of an emergency for first
responders.
6. Employees can access SDS via the link available on the Department’s intranet home
page.
a. QR codes have been prominently posted around the building to allow quick
access via a smart device.
7. Any question regarding your safety at the Department should be reported to your
immediate supervisor or a member of the Command Staff.
F. Training
1. All employees will receive Hazard Communication training at the time of hire and
additional training when new materials or processes are initiated. For some
employees this is general awareness information as there is not direct exposure.
However, all employees are to encourage safe practices with coworkers and offer
appropriate assistance as needed. Seek supervisory direction with any question
regarding the safe handling of a chemical or other potentially hazardous material, or if
the controls in place appear inadequate.
112.1 – Hazard Communication
February 13, 2026
Page 4 of 4
East Haven Type of Directive:
No. 402.54
Policies & Procedures
Police
Subject/Title:
Issue Date:
Department
September 30January 27,
Automated License
Plate Readers
(ALPR)
20265
Effective Date:
February 13October 17,
20265
Issuing Authority:
Review Date:
Honorable Board of
Police Commissioners
Annually
References/Attachments: N/A
Rescinds:
402.43
Amends:
N/A
I.
II.
PURPOSE
A. The purpose of this directive is to set forth the policies and procedures of the East Haven
Police Department regarding the proper use of mobile Automated License Plate Readers
(ALPR) and fixed ALPR cameras by members of the East Haven Police Department.
POLICY
A. It shall be the policy of the East Haven Police Department that all members of the
department shall abide by the guidelines and procedures set forth within this directive
when using mobile ALPRs and fixed ALPR cameras to scan, detect, and identify
vehicles or persons of interest.
B. All information, searches, and records related to the ALPR system shall be classified as
Criminal Justice Information (CJI) and protected accordingly. Any violations of this
policy will result in disciplinary action.
III.
DEFINITIONS
A. Alert: A visual and /or auditory notice or alarm that is triggered when the mobile ALPR
or the fixed ALPR cameras receive a potential hit on a license plate.
B. Alert Data: Information captured by a mobile ALPR or fixed ALPR camera relating to a
license plate that matches the license plate on a hot list.
C. ALPR: Automated license plate reader.
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
Page 1 of 10
D. ALPR Data: Scan files, alert data, and any other documents or data generated by or
through utilization of the ALPR system.
E. ALPR System: ALPR cameras (fixed and/or mobile) and all associated equipment and
databases.
F. Fixed ALPR Camera: A camera that is permanently affixed to a structure, such as a pole,
that contains a complete license plate and vehicle recognition system.
G. Hit: A read matched to a license plate that has previously been registered on an agency’s
vehicle plates hot list, such as those associated with vehicles that have been stolen or that
are unregistered or uninsured, vehicles wanted for specific crimes, vehicles associated
with, or that may assist with the identification of, missing persons or suspects involved in
criminal activity, and vehicles associated with parking scofflaws.
H. Hot List: Databases containing lists of license plate numbers of interest.
I. Non Encounter Alert: An alert that shall indicate to officers, “Do not stop the vehicle
based on this information alone. Only observe and report pertinent information to the
requesting agency.”
J. OCR: Optical character recognition.
K. Read: Digital images of license plates and associated metadata (e.g., date, time, and
geographic coordinates associated with the vehicle image capture) that are captured by
the ALPR system.
L. Scan File: Data obtained by an ALPR system consisting of license plates that were read
by the device, including potential images and/or video of the plate and vehicle on which
it was displayed. This also includes information regarding the location of the police
cruiser at the time of the mobile ALPR read or which fixed ALPR camera generated the
hit.
IV.
GENERAL GUIDELINES AND CONSIDERATIONS
A. An ALPR system is a computer–based system that utilizes special cameras to capture
license plate information. The ALPR system captures an infrared image of a license plate
and converts it to a text file using Optical Character Recognition (“OCR”) technology.
The text is compared to various hot lists generated by law enforcement agencies,
including the National Crime Information Center (“NCIC”), Department of Motor
Vehicles (“DMV”) and the East Haven Police Department, and generates an alert when
there is a hit. The ALPR system will identify a license plate and /or a motor vehicle.
B. The ALPR system shall be restricted to legitimate law enforcement uses for the purpose
of furthering legitimate law enforcement goals and enhancing public safety. Such uses
and goals include, but are not limited to, providing information to officers that will assist
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
Page 2 of 10
in ongoing criminal investigations, crime prevention, crime detection, the apprehension
of wanted persons, ensuring the safety of vulnerable individuals through the recovery of
missing and endangered persons, and improving the quality of life in our community
through the identification and removal of stolen, unregistered, and uninsured motor
vehicles, and enforcement of parking rules and regulations.
C. The department shall utilize hot lists that further the above specified goals of the ALPR
system where there is a legitimate and specific law enforcement reason for identifying a
vehicle or a person reasonably believed to be associated with that vehicle, such as:
persons who are subject to an outstanding arrest warrant, missing persons, AMBER
alerts, stolen vehicles, vehicles that are reasonably believed to be involved in the
commission of a crime, vehicles that are registered to or are reasonably believed to be
operated by persons who do not have a valid operator’s license or who are on the revoked
or suspended list, vehicles with expired registrations, persons who are subject to a
restraining order or who are subject to any other duly issued order restricting their
movements, persons wanted by a law enforcement agency who are of interest in a
specific investigation whether or not such persons are themselves suspected of criminal
activity, and persons who are on any watch list issued by a state or federal agency
responsible for homeland security when information has been received concerning a
specific individual or individuals who pose a potential public safety risk to the Town of
East Haven.
V.
PROCEDURES
A. Management: The Chief of Police will designate a program coordinator who will be
responsible for the administration and general oversight of the day to day operation and
management of the ALPR system, and for all tasks ancillary to its operation and
management. The shift commander or other supervisor will determine assignments and
usage of the mobile ALPR equipped vehicles. The designated program coordinator may
assign nonsworn personnel to perform certain functions related to the operation and
management of the ALPR system, including, but not limited to, inventory, service and
maintenance work (e.g., members of the IT Unit, vendors, etc.).
1. The designated program coordinator will make arrangements with the Professional
Standards Officer to perform quarterly audits of the ALPR system of at least five (5)
officers to ensure that it is being used in compliance with this directive, and the
security procedures are being observed.
2. These quarterly audits also will include field inspections, review of audit trails
generated by the system and storage of the data. Retention of data will be determined
by this policy.
B. Operations: Personnel shall adhere to the following operational procedures:.
1. Installation and Functioning: Mobile ALPR cameras will be mounted on police
cruisers. The cruisers will engage in either directed patrol or random patrol depending
on the assignment given. There may also be fixed ALPR cameras mounted on
stationary structures. The ALPR equipment will passively read the license plates of
moving or parked motor vehicles using ALPR optical character recognition
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
Page 3 of 10
technology and compare them against various hot lists uploaded or created by the
police department. Scanned data files collected by the ALPR will be automatically
uploaded from the ALPR system to the respective ALPR servers. The ALPR system
will not have sound recording capability.
2. Hot Lists: Designation of hot lists to be utilized by the ALPR system shall be
approved and authorized by the designated program coordinator. Hot lists
shall be obtained or compiled from sources as may be consistent with the purposes of
the ALPR system as set forth within this directive, which may include (but are
not limited to) the following:
a. COLLECT/NCIC Stolen Vehicle files, as available.
b. COLLECT/NCIC Stolen plates and Stolen Canadian plates, as available.
c. COLLECT/NCIC Wanted persons, as available.
d. COLLECT/NCIC Missing or Endangered person files, as available.
e. COLLECT/NCIC Supervised Release (Parole/Probation), as available.
f. COLLECT/NCIC Nationwide Domestic Violence Protection Orders/Restraining
Orders, as available.
g. NCIC Violent Gang and Terrorist Organization File, as available.
h. COLLECT/NCIC Sexual Offender.
i. DMV Records of Suspended/Revoked/Uninsured Motor Vehicle Registrations.
j. COLLECT Hit and Run File, as available.
k. Information relative to vehicles that are the subject of a criminal investigation.
l. Department generated hot list(s) or manual entries of license plate numbers to
existing hot list(s) created for purposes consistent with this directive.
m. The department shall regularly check hot lists utilized by the ALPR system so that
these hot lists remain reasonably current.
3. Regular Operation: Officers who are assigned to police cruisers that are equipped
with the mobile ALPR system are expected to use the equipment as part of their duty
assignment when possible and in accordance with the guidelines that have been
established within this directive. Officers are expected to notify their respective
supervisors if they discover that the equipment is not working properly so that
arrangements can be made to have the equipment repaired.
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
Page 4 of 10
C. Authorized Usage/Police Action: Only personnel trained in its use and who have been
instructed on this directive may operate the ALPR system or access or use stored ALPR
data.
1. Permitted Uses: The ALPR system is the property of the East Haven Police
Department. Department personnel may only access and use the ALPR system, and
may access, use, release, and/or disseminate hot list and scan file data, only in
accordance with official and legitimate law enforcement purposes and consistent with
this directive.
2. Impermissible Uses: The following uses of the ALPR system are specifically
prohibited:.
a. Invasion of Privacy: Except when done pursuant to a court order, it is a violation
of this directive to utilize the ALPR system to record license plates except those
of vehicles that are exposed to public view (e.g., vehicles on a public road or
street, or that are on private property but whose license plate(s) are visible from a
public road, street, or a place to which members of the public have access, such as
the parking lot of a shop or other business establishment).
b. Harassment/Intimidation: It is a violation of this directive to use the ALPR system
or associated scan files or hot lists to harass and/or intimidate any individual or
group.
c. Use Based on a Protected Characteristic: It is a violation of this directive to use
the ALPR system or associated scan files or hot lists solely because of a person’s
race, gender, ethnicity, sexual orientation, disability or other classification
protected by law.
d. Personal Use: It is a violation of this directive to use the ALPR system or
associated scan files or hot lists for any personal purpose.
e. First Amendment Rights: It is a violation of this directive to use the ALPR system
or associated scan files or hot lists for the purpose of infringing upon First
Amendment rights.
3. Required Steps Preliminary to Police Action: Hotlists utilized by the department’s
ALPR system may be updated by agency sources more frequently than the
department may be uploading them, and the department’s ALPR system may not
have access to real time data. Further, there may be errors in the ALPR’s “read” of a
license plate. Therefore, an alert alone shall not be a basis for police action (other
than following the vehicle of interest). Prior to the initiation of a motor vehicle stop or
other intervention based on an alert, an officer shall undertake the following:
a. Verification of current status on the hot list: An officer must receive confirmation
from COLLECT/NCIC or other department computer device that the license plate
is still stolen, wanted, or otherwise an interest before proceeding with any
enforcement action.
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
Page 5 of 10
b. Visual verification of the license plate number: Officers shall visually verify that
the license plate on the vehicle matches identically with the image of the license
plate number captured by the ALPR reader, including both the alphanumeric
characters of the license plate and the state of issue, before proceeding with any
enforcement action.
c. Dispatcher responsibilities: Upon receiving an alert from the ALPR system and
absent more urgent matters, e.g., 911 calls, dispatchers will visually verify that the
captured plate (photo) matches the alert plate/tag. Dispatchers will notify on duty
officers of the hit via radio to include any hotlist alerts/specific instructions.
Dispatch will generate a case number for any alert an officer is dispatched to,
cross referencing to the original case number, if applicable.
4. Motor Vehicle Stops: All motor vehicle stops must be constitutionally valid and
otherwise comply with department policy and procedures on stops. To assist with
implementation of these obligations and in furtherance of the purposes of the ALPR
system, the following requirements apply to traffic stops:.
a. Completion of Preliminary Steps to Police Action: Officers are expected to have
completed the verification process as described in the preceding section prior to
engaging in a motor vehicle stop, unless the stop is predicated by some other
legitimate reason independent of the ALPR system.
b. Non encounter Alerts: In the event that an alert is designated as a non encounter
alert, the officer shall follow any instructions included in the alert (e.g., notifying
any applicable law enforcement or homeland security agency). In these situations,
officers should consider the appropriateness of generating a case number to
document the alert.
c. Persons of Interest: With regard to cases in which an alert may indicate a person
of interest (such as a wanted person), officers are reminded that in some cases, the
driver or occupant of the vehicle may not be the person with whom the license
plate is associated (e.g., since vehicles may be loaned). Officers should bear this
in mind upon contact with individuals in a vehicle and positively identify the
occupants before taking enforcement action.
d. Independent Reason for Traffic Stop: An officer may stop a vehicle when he/she
has an independent reason for doing so, such as would be the case involving an
unrelated traffic violation.
e. Appropriate Police Action: Nothing in this directive shall restrict or prohibit an
officer from taking appropriate police action based on facts or reasons obtained
independently from ALPR operation.
5. Use in Connection with Serious Crimes/Incidents: The ALPR system should be
utilized to conduct license plate canvasses in the immediate wake of any homicide,
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
Page 6 of 10
shooting, robbery, kidnapping, sexual assault or AMBER alert and any other major
crime or incident. Registration plates or partial plates potentially associated with any
such major crimes or incidents should be entered into the ALPR system and
compared against the scan file. Conversely, registration plate numbers may be used
for exculpatory purposes (e.g., to corroborate a registrant's alibi).
6. Mutual Aid Requests: A Shift Commander may approve a mutual aid request for use
of the ALPR system for purposes that are consistent with this directive, as may be
appropriate under the circumstances and as resources permit. An “Assist Other
Agency” case number shall be generated for each request and cross referenced with
the requesting agency’s case number. The final call type shall be designated as
“ALPR”. Shift Commanders are encouraged to provide mutual aid to other
communities when they become aware of a serious incident which they reasonably
believe the ALPR system may be considered useful. If a mutual aid request includes
the entry of an alert, the approving supervisor must ensure that the officer who
received the request, if not the supervisor, completes an incident report enters CAD
remarks detailing the assistance provided. The supervisor who entered the alert is
responsible for maintaining contact with the requesting agency at least once every
seven (7) days to confirm whether the alert is still necessary. The requesting agency
should also be advised to notify our Department as soon as the alert is no longer
needed, so it can be removed.
7. Documentation: Any evidence obtained from ALPR systems shall be retained in
accordance with this directive and documented in an incident report.
D. Security/Authorized Stored Data Access/Confidentiality: ALPR data shall be kept in a
secure data storage system with access restricted to authorized persons only.
1. Scan Files: Access to scan files will be secured and controlled by a login password
accessible system. Officers may only access data stored in the ALPR server based
upon a reasonable belief that the scan file data may be related or useful as part of a
specific official action or investigation. All mobile and fixed ALPR camera inquiries
shall contain the related case number and the reason(s) for the search. Scan file data
will be considered confidential information to the extent permitted by law.
2. Hot Lists: Security of the hot list data will be the responsibility of the officer using
the ALPR system or accessing the data. Hot list data will be considered confidential
information to the extent permitted by law. If an officer determines a hot list entry
should be entered/modified, he/she shall seek an on duty supervisor to enter the alert
into the ALPR system. Any time an alert is entered, the requestor must generate a
case number and complete an incident reportenter CAD remarks detailing the reason
for the entry. The license plate of the vehicle alert shall be added into the Vehicle tab
in CAD under the alert case number. The supervisor, along with the requesting
officer, will create/modify the hotlist entry and determine the appropriate notification
groups that will receive the associated alerts (e.g., dispatch, detectives). When a
supervisor enters an alert into the ALPR system, that supervisor shall be responsible
for reviewing the alert at least once every seven (7) days to determine if the alert
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
Page 7 of 10
should remain in the system. This will enhance privacy by preventing surplus data
being stored in the system. If it is determined that an alert should be extended, a
supplemental reportCAD remarks must be written detailing the reason for the
extension. The Detective Division is authorized to enter/modify information on the
hot list as required for their investigations.
a. Absent exigent circumstances, officers shall utilize the alert system instead of
conducting frequent and repeated searches of the same vehicle. Any exigent
circumstances that require immediate, repeated searches before an alert can be created
shall be documented by generating a case number and entering in CAD remarksin an
incident report.
3. The program coordinator shall conduct monthly audits of hot list entries and remove
any that are no longer relevant.
4. Designated personnel trained in the use of the ALPR software shall have access to
ALPR data to conduct analysis of said data in order to comply with legitimate law
enforcement requests.
E. Retention: Scanned data will be retained for a minimum period of 30 days unless it has
been deemed to be of evidentiary value, information in connection with an ongoing
investigation, subject to a court order, or being retained in accordance with some other
lawful purpose. This retention period is designed to balance investigative needs with
privacy concerns.
F. Program Oversight/Evaluation/Audit Review: For purposes of ensuring that the ALPR
system is being used in accordance with the directive, the following inspectional, audit
and review processes will be routinely carried out:
1. Designated, trained personnel shall check equipment on a regular basis to ensure
functionality and camera alignment. Any equipment that falls outside expected
functionality shall be removed from service until deficiencies have been corrected.
Officers shall not attempt to modify or change the ALPR system, equipment, or
software unless authorized to do so.
2. Damage or other malfunctions to the equipment will be reported through the
appropriate chain of command to the program coordinator.
3. All successful uses of the ALPR will be recorded as “blind” within the enforcement
category section of the statistical data captured for motor vehicle stops in LEAS. The
designated program coordinator will compile statistics of these uses and provide
quarterly updates on such uses to the department's command staff.
4. The Professional Standards Officer will review the ALPR system usage of at least
five (5) officers quarterly and maintain records of the audit. The audits shall
determine the Department’s adherence to this directive and the procedures it
establishes, as well as the maintenance and completeness of records contemplated by
this directive. At the completion of this audit, a full report on the outcome shall be
402.54 – Automated License Plate Readers (ALPR)
FebruaryOctober 137, 20265
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forwarded to the Chief of Police. Audit reports shall be considered to be public
record to the extent consistent with the Public Records Law. Audits shall include, but
not be limited to, review of the following:
a. Records of ALPR system usage, including vehicles of interest added to a hot list.
b. Records of sharing ALPR system data with other agencies or in response to any
official request will be maintained by the Records Supervisor.
c. Records of reproduction of scan files pursuant to this directive.
d. Reviewing the use of case numbers to create or search scan files.
e. Review of hot list entries to confirm their continued relevance.
f. Hot lists entries shall be checked to ensure entries made are in compliance with
this directive.
5. Any officer becoming aware of a possible violation of this directive, including but
not limited to the unauthorized access, use, release and/or dissemination of ALPR
system data, shall refer them to the Professional Standards Officer.
G. Requests for Reproduction of Scan Files: Reproduction of the data being maintained in
the ALPR system will be in accordance with one of the following conditions or
circumstances:
1. Reproduction Responsibility/Evidence: The department’s Record Room Supervisor
shall be responsible for making reproductions of scan files in accordance with the
Connecticut Freedom of Information Act (F.O.I.A.) laws.
2. Reproduction Request Procedures:
a. Outside Agency Requests: ALPR data may be shared with any federal, state, or
local law enforcement agency, provided the request is made for a legitimate law
enforcement purpose, complies with the procedures outlined in this directive, and
is associated with a case number. All requests shall be documented under an
“Assist Other Agency” case number, which will include a cross reference to the
requesting agency’s case number. The final call type shall be designated as
“ALPR”.
b. Court Related Requests (e.g., Prosecutors, Defense Attorneys, Judges): A request
will be filed to the Records Division Supervisor, who will provide the requesting
party with a copy of the scan files.
c. Subpoena: Requests for scan data will be fulfilled in order to comply with
subpoenas issued.
d. Public Records Requests for Scan Files: Scan files will be released in accordance
with Connecticut F.O.I.A. laws.
402.54 – Automated License Plate Readers (ALPR)
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e. Notification of Request for Scan Files: Any request for the reproduction of scan
files intended for use outside the department, and not related to a legitimate law
enforcement purpose, will be forwarded to the department’s Legal Advisor. The
Legal Advisor will assist in determining the appropriateness of the request and
what information, if any, is legally permitted for release to a third party.
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East Haven Type of Directive:
No. 409.98
Policies & Procedures
Police
Subject/Title:
Issue Date:
Department
JanuaryMay 27, 20265
Motor Vehicle Stops
Effective Date:
FebruaryJune 13, 20265
Issuing Authority:
Review Date:
Honorable Board of
Police Commissioners
Annually
References/Attachments:
Rescinds:
Policies and Procedures #: 401, 702
409.87
Connecticut General Statutes § 54-33b
Tom R. Tyler and Jeffery Fagan, Urban Institute, 2012
I.
II.
Amends:
N/A
PURPOSE
A. The purpose of this directive is to set forth the policies and procedures of the East Haven
Police Department (EHPD) regarding the makingmaking stops of motor vehicles stops.
POLICY
A. It is the policy of the East Haven Police Department for officers to have lawful reasons
for making motor vehicle stops. Officers are expected to perform any stop of a person or
persons only when they have at least a reasonable suspicion for doing so.
B. It is the policy of the East Haven Police Department to prohibit all police practices
involving racial profiling or other bias-based actions. Race, age, gender, and any other
type of profiling as justifications for any police officer to conduct any type of stop or
detention of a person are prohibited. Violation of this directive shall result in discipline,
up to and including dismissal. In addition, violators could be held accountable for civil
rights violations in State and/or Federal court.
C. It is the policy of the Department for officers to conduct motor vehicle stops effectively,
justly and safely. Officers shall conduct themselves always as courteously as
circumstances allow.
D. It is the policy of the Department that when making a motor vehicle stop, officers are to
identify themselves to the driver, explain why they have made the stop and then ask for
409.89 – Motor Vehicle Stops
FebruaryJune 13, 20265
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identification and license information, unless exigent circumstances make it dangerous to
do so.
1. Unless probable cause exists to believe that a felony or misdemeanor offense has been
committed or the operator failed to produce a valid operator's license, officers shall not
ask an operator of a motor vehicle to provide any documentation or identification other
than his/her operator’s license, motor vehicle registration, insurance identity card, other
documentation or identification directly related to the stop when a said motor vehicle
is stopped solely for a motor vehicle violation.
III.
BACKGROUND
A. Research is very clear in suggesting that the primary issue shaping people’s views about
the police is whether they believe that the police are exercising their authority through
fair procedures—that is, on procedural justice.
B. Procedural justice as understood in American communities is defined in terms of four
issues. First, people want to have an opportunity to explain their situation or tell their side
of the story in a conflict.
C. Second, people react to evidence that the authorities with whom they are dealing are
unbiased. This involves making decisions based upon consistently applied legal
principles and the facts of the case, not officers’ personal opinions and biases. Even if
officers are acting without bias, they may be perceived as making decisions unfairly by
those they are dealing with, and it is important for officers to provide evidence leading
the people they are dealing with to understand the basis of their actions. For this reason,
transparency or openness about how decisions are being made facilitates the belief that
decision-making procedures are neutral when they reveal that decisions are being made in
rule-based and unbiased ways. In the case of motor vehicle stops, this involves explaining
why people are being stopped: that is, what police policies and goals are involved.
D. Third, people are sensitive to whether they are treated with dignity and politeness, and to
whether their rights as citizens are respected. The issue of interpersonal treatment
consistently emerges as a key factor in reactions to dealings with legal authorities. People
believe that they are entitled to treatment with respect and react very negatively to
dismissive or demeaning interpersonal treatment.
E. Finally, people focus on cues that communicate information about the intentions and
character of the legal authorities with whom they are dealing (“their trustworthiness”).
People react favorably (when) the authorities with whom they are interacting are
benevolent and caring, and are sincerely trying to do what is best for the people with
whom they are dealing. Authorities communicate this type of concern when they listen to
people’s accounts and explain their actions in ways that show an awareness of and
sensitivity to people’s needs and concerns.
F. Studies show that when the public believes that the police exercise their authority in
procedurally fair ways, they accept the legitimacy of the police and defer to police
authority, both in particular situations and through general increased compliance with the
409.89 – Motor Vehicle Stops
FebruaryJune 13, 20265
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law and cooperation with the police. And, of particular importance is that the use of fair
procedures encourages voluntary acceptance of police and legal authority. i
IV.
DEFINITIONS
A. Emergency Lights: One or more visual warning lights fitted to a police vehicle for use
when an officer wishes to convey to other road users his/her urgency, to provide
additional warning of a hazard when stationary, or as a means of signaling another driver
to stop for interaction with the officer.
B. High -Risk Stop: Refers to any motor vehicle stop that poses a known, significant risk to
the officers when encountering the occupants of a motor vehicle.
C. Probable Cause: The required level of knowledge to make a lawful arrest. This has been
defined by courts as “reasonably trustworthy knowledge, based on articulable facts and
circumstances, that would lead a reasonable person to believe that a crime has been, is
being, or is about to be committed, and that the person to be arrested has committed, is
committing, or is about to commit that crime.” Probable cause is determined by the
totality of the circumstances and may be established by the collective knowledge of all
law enforcement personnel involved.
D. Reasonable Suspicion: Refers to an officer’s belief, based on specific and articulable
facts, and the rational inferences drawn from those facts, that an individual has
committed, is committing, or is about to commit a criminal offense. Reasonable suspicion
may be based on direct observations or a combination of factors, including, but not
limited to, the individual’s prior criminal record, furtive conduct or flight from the police,
the giving of evasive or conflicting responses to police questioning, admissions or
confessions, the nature of the area, and reliable hearsay.
E. Shatterball: A one-inch spiked (non-sharp) metal ball shaped hand tool designed to
breach tempered auto glass windows at low velocity.
V.
F.
G.F.
Siren: A signal device capable of emitting sound audible under normal
conditions from a distance of not less than five hundred (500) feet and of a type
approved by the Connecticut Department of Motor Vehicles.
GENERAL GUIDELINES AND CONSIDERATIONS
A. Traffic Stops
1. Traffic enforcement operations pose a number of challenges to officers.
a. Determining the appropriate officer safety precautions that should be taken in
circumstances where little, if anything, is known about the subjects prior to the
stop.
b. Determining the appropriate enforcement response necessary to modify driving
behavior.
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c. Although stopping motorists for traffic violations is considered a primary function
of the police, it is one that has been demonstrated to be potentially dangerous for
both officers and motorists. This is why it is always paramount for officers to
exercise good defensive tactics and always remain alert for the unexpected.
Officers should never let their guard down and at the same time engage the
motorist courteously.
2. The officer is responsible for maintaining control of the situation and to ensure that
neither the officer nor the person being stopped is at risk.
a. Do not assume the motorist knows that he/she has committed a violation. Except
in exigent circumstances, when a citizen is stopped or detained and then released
as part of an investigation, and before asking for license and registration, the
officer will explain to the citizen in a professional, courteous manner why he/she
was stopped or detained.
b. The officer may de-escalate a situation by remaining calm, introducing
himself/herself by rank and name and explaining to the motorist why he/she
stopped the motorist.
c. Research indicates that the typical citizen complaints that arise from vehicle stops
concern how the subject perceives himself/herself as having been treated by the
officer. An officer should never get baited into a debate or showing any anger,
rudeness, or discourtesy.
B. Officers are expected to employ their training and best judgment to conduct stops safely.
At all times officers shall protect to the extent possible their safety and the safety of all
other persons potentially at risk.
VI.
PROCEDURES FOR MAKING MOTOR VEHICLE STOPS
A. General Precautionary Measures: If a determination is made to stop a motor vehicle, great
care must be exercised. Many officers have been seriously or fatally injured making
motor vehicle stops. Traffic violators, suspicious vehicles, and criminals present
unknown risk to the officer making the stop.
B. Initiating the Motor Vehicle Stop: Prior to stopping the vehicle or immediately upon
stopping a motor vehicle, the officer is expected to notify East Haven Public Safety
Communication Center (EHPSCC) personnel of the following:.
1. Prior to initiating the stop or prior to engaging the motorist, the officer should advise
EHPSCC personnel of his/her intent to make a motor vehicle stop.
2. Provide the location of the anticipated stop.
3. Provide the registration number and state of the vehicle.
4. Prior to or upon making the stop, officers shall notify EHPSCC personnel about
known information; including description of the vehicle, the number of occupants of
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FebruaryJune 13, 20265
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the vehicle, the perceived race or ethnicity of the occupants, and a description of the
basis for the stop.
C. Selecting the Location for the Stop: As part of making the decision to make a motor
vehicle stop, the officer should always try and position the stop in a way that the
following factors are taken into consideration:
1. Lighting: In low light conditions or at night, the officer should try to make the stop in
a well-lit area, if possible, to allow the officer to adequately see his/her surroundings
and to be seen by other passing vehicles.
2. Traffic Flow: If the officer is overly concerned about or distracted for his/her own
safety in terms of passing traffic, or if the stop is going to interfere with the free flow
of traffic, the officer should try to pick a location where he/she is removed from those
dangers.
3. Severity of the Violation: The driving behavior of the motorist might be an indication
of what type of reception an officer might be met with when first being confronted
(i.e., if the driver was driving in an aggressive manner, or there is evidence of road
rage).
4. Weather Conditions: Apart from sight restrictions on the part of passing motorists, the
officer should also take into consideration stopping distances of approaching
motorists, width of the road that might be compromised by encroaching snow
bankssnowbanks or other hazards.
5. Characteristics of the Roadway: This becomes an issue with respect to conducting a
motor vehicle stop on a sharp curve or just beyond the crest of a hill. Whenever
possible, direct the motorist to a safer location along the road prior to beginning the
interaction.
D. Mechanics of Making the Stop: When the officer is ready to conduct a motor vehicle
stop, he/she should employ the following cautionary measures:.
1. The officer may elect to follow the vehicle a short distance prior to initiating a stop to
make additional observations of the operation of the vehicle or to ensure a safe
location for the stop.
2. The officer should then activate the police vehicle’s emergency lights and siren to
signal for the operator of the vehicle to pull to the right side of the road, preferably
out of the traffic lane of travel.
3. If the operator does not stop in a safe location, the officer should instruct the motorist
where to situate the vehicle before engaging in a conversation with the motorist by
way of the police vehicle’s Public Address (PA) system.
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FebruaryJune 13, 20265
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4. Park the patrol vehicle to the rear of the stopped vehicle with emergency lights on to
warn traffic and to assist any backup officers responding to the scene. The police
vehicle should ideally be situated as follows:
a. One-half car length behind the violator’s vehicle.
b. At a slight angle to the stopped vehicle, with the front end of the police vehicle
offset to the stopped vehicle further out in the traffic lane to create a safe passage
lane for the officer.
c. Use of takedown lights and/or spotlights should be used when they would not
pose a hazard to oncoming traffic, and to enhance occupant and officer safety.
d. Officers must ensure that video and audio recording equipment is activated in
accordance with Policies and Procedures # 401 – AVL and Officer Video Camera
Use.
E. Approaching the Vehicle: The officer should approach the vehicle with caution in
accordance with their training, checking the trunk and rear seat, and watching the
occupants’ movement inside the vehicle.
1. When there is a two-person patrol car involved in the stop, or a second police vehicle
involved, it is standard practice for the second officer to take up a tactical position on
the passenger side of the stopped vehicle. The second officer should not remain in
his/her vehicle while another officer is engaged with the operator and/or occupants of
a stopped vehicle.
2. As a defensive measure, a single officer engaged in a motor vehicle stop may elect to
approach the vehicle on the passenger side of the vehicle at the officer’s discretion.
F. Engaging with the Motorist/Violator: Officers are expected to conduct themselves in a
professional manner at all times, keeping in mind the use of proper language, bearing,
and emotional stability. Officers should:
1. Be certain of their observations of the alleged violation.
2. Have the necessary forms and equipment to deal with the situation.
3. Maintain tactical awareness, and be observant for signs of impairment, criminal
activity, or criminal intent.
4. Initiate the conversation with the motorist/violator with a friendly greeting using an
appropriate title in a courteous manner. Officers shall introduce themselves by name
and rank and identify the agency they represent, unless exigent circumstances make it
dangerous to do so.
5. Request the required documents and identification.
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FebruaryJune 13, 20265
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6. When obtaining documents, do not accept wallets, purses, or folders. Have the
motorist remove the document from the container before accepting it.
7. Keep in mind that some violators encountered will show signs of emotional distress.
Officers should deal with these individuals in a calm, courteous manner to help
reduce that anxiety.
8. Officers are authorized to order occupants out of the vehicle for precautionary
reasons. If occupants are removed from the vehicle, they should be directed to a
location relatively safe from traffic. Officers and violators should not stand between
the stopped and police vehicles.
9. If the operator and/or the occupants get out of the vehicle on their own while the
officer is otherwise engaged or in the officer’s estimation in a manner that creates a
potential safety hazard, the officer should politely instruct the person(s) to return to
the vehicle. When appropriate, the officer should explain the reasoning behind the
instruction, namely for the safety of the individual(s).
10. Officers should not show the motorist the speed reading on the radar or laser device.
11. Officers should briefly listen to the violator’s explanation. However, officers should
not become engaged in a debate over the merits of the stop. Motorists who wish to
contest a citation should be courteously advised that it is unsafe to do so at the
roadside and to plead not guilty on the infraction to obtain a court date.
12. If taking enforcement action, officers should briefly explain to the violator the type of
enforcement action that was taken.
a. Written warnings carry no fine.
b. Infractions: The violator may pay the fine by mail or request a hearing.
1) The options are printed on the back of the citation.
c. Summons: Mandatory court appearance. Violator will be given a court date.
d. Towing information if applicable.
1) An H-114 Notice of Motor Vehicle Tow Form will be provided to the
operator/owner of the vehicle.
13. No officer may ask an operator of a motor vehicle to conduct a search of the motor
vehicle or the contents of the motor vehicle that is stopped solely for a motor vehicle
violation.
a. Any search by an officer of a motor vehicle or the contents of the motor vehicle
during a stop for a motor vehicle violation shall be:
1) Based on probable cause; or
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FebruaryJune 13, 20265
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2) After having received the unsolicited consent to perform such search from the
operator of the motor vehicle in written form or recorded by a body-worn
camera (BWC) or a mobile video recorder (MVR).
b. This section does not apply if an officer is authorized to conduct a motor vehicle
inventory in accordance with Policies and Procedures # 702 – Motor Vehicle
Inventory.
14. An officer may ask a person to conduct a search of their person, provided such officer
has reasonable and articulable suspicion that a weapon, contraband or other evidence
of a crime is contained upon the person, or that the search is reasonably necessary to
further an ongoing law enforcement investigation.
a. An officer who solicits consent to search a person shall, whether or not the consent
is granted, complete an incident report documenting the reasonable and articulable
suspicion for the solicitation of consent, or the facts and circumstances that support
the search being reasonably necessary to further an ongoing law enforcement
investigation.
15. Upon completion of the enforcement action, a racial profiling card shall be provided
to the operator by the officer as mandated by the State of Connecticut. Officers must
also ensure that the motorist safely re-enters the flow of traffic prior to notifying
EHPSCC personnel of the completion of the stop.
16. Officers shall document all stops that lead to searches and/or seizures in an incident
report that records the following:.
a. The officer's name and badge number.
b. Date, time, and location of the stop.
c. Duration of the stop.
d. The apparent race, color or ethnicity of the individual, based on the officer's
reasonable observation and perception.
e. The suspected violation that led to the stop.
f. Whether any contraband or evidence was seized from any individual, and nature
of the contraband or evidence.
g. The enforcement action taken with regard to the violation (including a warning, a
citation, an arrest, or a use of force).
h. Whether any search was conducted, the kind of search conducted, the basis for the
search, whether the search was consensual or non-consensual, and the outcome of
the search.
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G. Non-Uniformed Officers Involved in Motor Vehicle Stops: Non-uniformed officers
operating unmarked patrol vehicles with concealed emergency lights and siren should not
normally make motor vehicle stops for traffic violations.
1. Non-uniformed officers shall request a marked patrol unit to make the stop and may,
depending upon the urgency of the situation, activate emergency lights and siren to
make a traffic stop.
a. If issued a body worn camera, non-uniformed officers should activate their
assigned body worn camera if conducting a traffic stop prior to a marked unit
arriving.
2. Non-uniformed officer vehicles not equipped with emergency lights or siren should
not make motor vehicle stops unless there is imminent danger of loss of life should
they fail to act. In other, less urgent cases that demand attention, non-uniformed
officers shall request a marked patrol vehicle to perform the stop and assist in
directing the marked unit to the subject vehicle’s location.
H. Stopping Oversize and Overweight Vehicles: In the event an officer needs to stop
commercial and similar oversize or overweight vehicles, the following procedures should
be observed:.
1. Select a location for the stop that provides enough room for the vehicle and
sufficient stability to support the vehicle’s weight, and allow the operator sufficient
time and distance to make the stop.
2. Approach the cab from the rear, using the driver’s outside mirror to observe the
driver and the activity in the cab.
3. Never climb onto the vehicle to make contact with the operator. Maintain a position
to the rear of the driver’s door and ask him/her to exit the vehicle, if and when
necessary.
I. Authorized Motor Vehicle Stop Intervention Tools
I.1. Pursuit Prevention Device (PPD)
a. The deployment of a PPD shall only be used on those stationary motor vehicles
with four (4) or more wheels, to exclude:
a. a.
1) Golf carts.
1)
b.2)
All-terrain vehicles as defined by Connecticut General Statutes § 14379(4).
c.3)Vehicles transporting hazardous materials.
d.4)
School buses transporting children.
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FebruaryJune 13, 20265
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1.b.
Officers shall only deploy PPDs when, upon using proper judgement
based on the totality of the circumstances, he/she determines it is safe to do so.
2.c. Officers may deploy a PPD on a stationary motor vehicle, provided the following
criteria are met:
a.1) He/she has been trained in using PPDs.
b.2) He/she has reasonable articulable suspicion that the operator will attempt
to flee the scene.
c.3) He/she has reasonable articulable suspicion to believe the operator has
committed, is committing, or is about to commit a crime or that a vehicle is
subject to a lawful seizure.
d.4) He/she has obtained authorization from an on-duty supervisor, absent
exigent circumstances.
3.d.
Upon completion of the motor vehicle stop, the officer shall retrieve the
PPD prior to the operator’s departure to prevent unintentional puncture.
5.
e. The use of any PPD shall be documented in an incident report. The supervisor
reviewing the incident shall conduct a documented administrative review in the
Department Review sSystem addressing any policy violations or training needs.
f. Any damage caused by a PPDD will be documented and photographed.
2. J. Shatterball
a. Authorized Use of Shatterball:
1) During any emergency response or attempted extrication of a person or
animal from a vehicle.
2) During any emergency or high -risk situation in which the removal of a glass
window would likely increase the overall safety of anyone involved in the
situation; including but not limited to: officers, suspects, third parties,
witnesses and/or bystanders.
3) To mark, help bring attention to, and/or help identify a vehicle involved in
the commission of a felony, where an officer can safely deploy a Shatterball
upon a side or rear window to achieve such marking. Such markings will
allow the vehicle to stand out in the community and to officers.
b. Shatterball Deployment Procedures
1) When deploying a Shatterball on a window that is in close proximity to a
person’s face, the officer should give a verbal warning to the subject to look
away from the window, prior to deploying the Shatterball. A warning is not
409.89 – Motor Vehicle Stops
FebruaryJune 13, 20265
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necessary in situations where such warning could compromise officer safety
or delay an emergency rescue that is time sensitive.
2) Officers shall not use a Shatterball unless they have received training in their
use in the field.
3) Any officer that uses a Shatterball and damages a window in the course of
official duties shall inform their direct supervisor when it is safe and practical,
within a reasonable timeframe.
4) The use of Shatterball shall be documented in an incident report. The
supervisor reviewing the incident shall conduct a documented administrative
review in the Department Review Ssystem and address any policy violations
or training needs if applicable.
5) Any damage caused by a PDDShatterball willshall be documented and
photographed.
VII.
a.3. Department-approved glass break device with seatbelt cutter.
HIGH RISK STOPS - FELONY
A. General Precautionary Measures
1. During high risk felony stops, officers must use extreme caution, employing tactics
to minimize the exposure of officers, offenders and the public to danger and undue
risk.
B. Preparing for the Stop
1. At no time will an officer conduct a suspected felony/high risk motor vehicle stop
without first pre-warning EHPSCC personnel of his/her intention to make the stop.
In addition to the normal protocols of furnishing the location, description of the
vehicle, registration number and state, and description of the occupants, where
practicable the officer will take the following steps.:
a. Provide whatever information may be at the officer’s disposal, clearly indicating
that the officer believes the stop may constitute a higher than normal risk.
b. Request that backup officers be deployed.
c. If possible, delay initiating the motor vehicle stop until backup units can get into
position.
2. If practical, select a site that is going to give the officer the greatest amount of
protection.
C. Conducting the Stop
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FebruaryJune 13, 20265
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1. Taking into consideration all of the precautionary measures normally exercised
anytime an officer is executing a motor vehicle stop, he/she should attempt to
employ those measures if at all possible.
a. Positioning the Police Vehicle: When positioning the vehicle behind the vehicle
being stopped, the officer should position his/ her vehicle in such a fashion that it
provides the officer the greatest degree of protection (usually angling the police
vehicle so that the engine portion of the vehicle is between the officer and the
occupants of the suspect vehicle. The officer should also be mindful of:
1) Persons, homes, businesses, and traffic down range of the suspect vehicle.
2) The position of the backup officers to avoid initiating a cross fire in the event
that the use of firearms becomes necessary.
2. Staying with the Police Vehicle: Unless there is some compelling reason, the officer
should remain with his/her police vehicle, using it as cover. Prior to engaging with
the occupants of the vehicle, the officer who will be directing the occupants on what
to do should first be sure that all the necessary support is in place.
3. Giving Orders to the Vehicle’s Occupants: The officer issuing the directions to the
occupants of the suspect vehicle should use the police vehicle’s PA system. This
officer should clearly declare himself/herself as the contact while an assisting officer
is the cover officer. The contact officer should provide the following set of orders in
a clear and distinct fashion, ensuring that the occupants comply with the order before
giving another order:.
a. Order the operator to shut off the vehicle.
b. Order the operator to turn on the interior lights of the vehicle.
c. Order the operator to roll down all windows.
d. Order the operator to place the keys of the vehicle on the roof of the vehicle.
e. Order the occupants of the vehicle to place their hands in plain view.
f. Order each occupant, one at a time, to slowly exit the vehicle with his/her hands
in the air.
g. Order the occupants exiting the vehicle to slowly make a complete turn with
their hands in the air and make a cursory check for weapons.
h. If a weapon is spotted, tell the backup officer and the offender that it has been.
Do not permit the offender to touch the weapon or make a move toward the
weapon.
i. Order the offender to walk backwards toward the officers and then to lie down
on the ground with his/her feet and arms extended away from his/her body.
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FebruaryJune 13, 20265
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j. Once all occupants have been safely removed from the suspect vehicle,
contact/cover tactics should be followed, and the contact officer should
cautiously move up to the vehicle to check for anyone who may be concealing
himself/herself in the vehicle.
k. Once the officer considers the vehicle safe, the backup officer should then take a
cover position on the suspects who are lying in a prone position on the ground.
l. Once all officers are in position to adequately cover the suspects, an officer
should proceed to handcuff each of the suspects.
m. Once all suspects are properly secured, an officer should systematically search
each suspect for weapons prior to assisting occupants off the ground.
4. Completion of an Incident Report: Whenever an officer is forced to take the actions
described for a felony/high risk stop, the officer shall complete an Incident Report
and Officer Use of Force Report, describing:
a. The circumstances that led up to the motor vehicles stop.
b. All of the actions that proceeded from the stop.
c. The final disposition of the incident; which includes the names of all of the
parties involved, including witnesses, other involved parties, and the names of
the officers who assisted.
D. Notification of and Response by a Supervisor
1. Whenever it becomes apparent that an officer may be engaging in a felony or highrisk motor vehicle stop, EHPSCC personnel shall notify a supervisor. The supervisor
shall acknowledge to Dispatch that he/she is aware of the situation and is actively
monitoring it. The supervisor shall take the following additional steps:.
c.a. The supervisor shall go to the scene of the felony or high -risk motor vehicle
stop.
b. Based on the information being relayed, the designated supervisor shall direct
assets as may be deemed to be appropriate.
E. All officers must be cognizant that during these situations, communication particularly
from the officer(s) engaged in these kinds of situations is essential. Whenever possible,
any excess communication on the radio channel should be kept to a minimum.
i
Excerpted from Tom R. Tyler and Jeffery Fagan, Urban Institute, 2012
409.89 – Motor Vehicle Stops
FebruaryJune 13, 20265
Page 13 of 13
East Haven Type of Directive:
No. 411.65
Policies & Procedures
Police
Subject/Title:
Issue Date:
Department Police Vehicle
JanuaryFebruary 27, 20264
Operation and
Equipment of Police
Vehicles
II.
February March 513, 20264
Issuing Authority:
Review Date:
Honorable Board of
Police Commissioners
Annually
References/Attachments:
Policies and Procedures #: 403
Connecticut General Statutes § 14-283
Town of East Haven Vehicle Accident/Incident Reporting Policy
& Procedures
I.
Effective Date:
Rescinds:
411.54
Amends:
N/A
PURPOSE
A. The purpose of this directive is to set forth the policies and procedures of the East Haven
Police Department (EHPD) regarding the safe and proper operation of police vehicles by
members of the Department.
POLICY
A. It is the policy of the East Haven Police Department that its vehicles shall be operated in
a manner that protects the public and in a careful, safe and prudent manner, obeying all
laws and departmental orders pertaining to such operations.
B. Officers shall exercise caution at all intersections and other high-risk locations even when
operating in emergency mode with lights and siren activated.
III.
DEFINITIONS
A. Fleet Coordinator: An employee/member designated by the Chief of Police who is
responsible for coordinating the equipping, stocking, maintenance and replacement of the
Department’s vehicles.
B. Police Vehicle: For purposes of this directive, the term “police vehicle” shall refer to any
and all vehicles that are maintained by the Department, to include all specialty vehicles
that are marked as a police vehicle; this would include patrol cruisers, all police
motorcycles, any clearly marked vans, SUV, and other vehicles.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 1 of 11
B.C.
Shatterball: A one-inch spiked (non-sharp) metal ball shaped hand tool designed
to breach tempered auto glass windows at low velocity.
C.D.
Specialty Vehicle: A motor vehicle intended for a specific purpose, such as a
mobile command post, tactical team van, bomb unit vehicle, four-wheel ATV.
D.E.
Unmarked Vehicle: A departmental vehicle without visible paint, markings, and
equipment that would make it easily identifiable as a police vehicle.
IV.
GENERAL CONSIDERATIONS AND GUIDELINES
A. Police vehicles are purchased and maintained for the purpose of delivering police
services to the Town of East Haven.
B. The Department is committed to maintaining agency vehicles to be safe, dependable, and
professional in appearance. The Department’s vehicles should be maintained with
equipment and stocked with supplies so that members of the Department may effectively
carry out their job functions.
C. Members of the Department shall ensure the Department’s vehicles are cleaned, fueled,
and stocked with supplies; defects and damage to any vehicle shall be reported in a
timely manner to an on-duty supervisor.
D. Members of the Department must drive with due regard for the safety of others. Officers
may pass through traffic controls in an emergency situation only after stopping or
slowing down to the extent necessary for the safe operation of the vehicle. Officers may
exceed the speed limit so long as they do not endanger life or property.
E. The wearing of seatbelts by members of the Department and passengers can significantly
improve survivability and reduce the severity of injuries in a crash. Seatbelts help
operators maintain control of their vehicles during emergency driving and after a crash
and are a critical component in the vehicles’ occupant safety system.
V.
PROCEDURES
VEHICLES
FOR
THE
OPERATION
OF
POLICE
A. Authorization to Operate Police Vehicles
1. Officers must have and maintain a current and valid Connecticut driver's license in
order to operate a Department vehicle.
a. The Internal Affairs Officer (IAO) shall be responsible for conducting an internal
audit on all members’ licenses to ensure the validity of all operators’ licenses.
b. Conviction of any motor vehicle charge or the loss or suspension of any driving
privileges shall be immediately reported to the Chief of Police in writing through
the chain of command.
B. Use of Seat Belts
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 2 of 11
1. As a prudent safety measure, all members of the Department are required to properly
wear factory-installed seatbelts while operating or riding in any police vehicle.
2. Bypassing Safety Devices: Personnel shall not buckle the seatbelts behind the front
seats of the vehicle in order to bypass or disengage the seatbelt warning signals. Such
action also disengages other collision safety features of the vehicle, particularly the
deployment of airbags. Therefore, rendering inoperable any of the other safety
devices within the vehicle is strictly prohibited.
a. No officer shall modify, remove, deactivate, or otherwise tamper with the vehicle
seat safety belts except for service, maintenance and repair, or with a factory
approved seat belt extension.
b. Personnel who discover an inoperable restraint system shall report the defect to
the Fleet Coordinator. The vehicle should not be used to transport any persons
barring emergency circumstances.
3. Requirements for Non-Police Personnel: Whenever officers transport non-sworn
personnel or members of the general public in a police vehicle, officers are required
to make sure all passengers use seatbelts in the vehicle while the vehicle is being
operated.
a. This requirement also pertains to any detainees who might be transported as a
passenger in a marked or unmarked police vehicle. Rare exceptions may exist in
which it is unsafe for officers to buckle arrestees without subjecting themselves to
injury due to unruly/combative arrestees. In those situations, the arrestee will not
be buckled.
4. Children being transported in a police vehicle may be transported without a car seat
only in an emergency situation, if car seats are not available. In any event, a child
being transported in a police vehicle should not be left unattended by an adult, and
should always have a seatbelt or car seat in use while the vehicle is in operation.
C. Police vehicles shall not be used for personal business or pleasure, unless designated by
contract or approved by the Chief of Police or his/her designee.
D. Operation of Patrol Vehicles during Patrol
1. Under the normal circumstances of patrol, all traffic regulations shall be strictly
adhered to and posted speed limits shall not be exceeded.
2. Operators shall avoid fast starts and the spinning of wheels, and at all times officers
are expected to set a good example for the public to follow.
3. Operators shall take all necessary precautions in an effort to avoid accidents or injury
to themselves or other users of the road.
4. Officers will not operate a police vehicle on any unpaved surfaces, except in the case
of an emergency or if response is necessary to an unpaved location. This does not
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 3 of 11
mean an established graveled or hard-surfaced driveway of some type made for the
express purpose of motor vehicle use.
E. Emergency Operations of Police Vehicles
1. Police vehicles responding to calls or engaging in detective work shall be operated in
either a routine, urgent or emergency mode. These modes are defined as:
a. Routine: Non-life threatening or property damage producing incidents. i.e.
shoplifting incidents, criminal investigation reports (not in progress), loud noise
or disturbance calls, requests for service and other non-emergency calls. Routine
responses involve no use of either emergency lights or siren. When an officer is
operating in a routine mode, he or she shall obey all laws and ordinances
pertaining to motor vehicle operations.
b. Urgent: Immediate response, though there is no imminent threat to life or
property. Emergency lights/siren may be used intermittently at the officer's
discretion (i.e. property damage accident with roadway blocked). Urgent
responses involve the use of emergency lights. Unless emergency lights and siren
are activated, the officer shall obey all laws and ordinances pertaining to routine
(non-emergency) motor vehicle operations.
c. Emergency: An emergency situation exists, and there is an immediate threat to a
person or property. OfficerOfficers should respond with emergency lights and
siren. When operating in or responding to an emergency assignment, the
guidelines set forth in Policies and Procedure #403 - Response to Calls for
Service shall be adhered to.
F. Transporting of Non-Police Personnel
1. Officers shall ensure that only authorized members of the Department drive or are
transported in the Department’s vehicles.
2. All other persons shall be transported in a police vehicle only when necessary to
accomplish a proper police purpose. Such transportation shall be in conformance with
departmental policies and procedures or at the direction of a supervisor.
3. Civilians may participate in ride-alongs in the Department’s vehicles under the
following conditions:.
a. Permission of the Chief of Police or his/her designee.
b. Completion of a waiver of liability form signed by the person completing a ride-along.
c. Agreement of the officers providing the ride-a-long.
G. Security of Police Vehicles
1. Whenever a member of the Department is assigned use of a police vehicle, it is that
member's responsibility to ensure that the vehicle is properly secured at all times.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 4 of 11
2. Members of the Department shall be held responsible for the security of the vehicle
and the equipment contained within it while the member has use of that vehicle.
H. Vehicle Condition and Inspections: Operators’ Responsibilities
1. Prior to operating a police vehicle, normally at the beginning of a tour of duty,
personnel must inspect the vehicle for damage and to ensure the vehicle’s equipment
is operating properly; personnel must check for cleanliness, presence of unauthorized
articles, and adequate supplies.
a. In the case of an emergency, a vehicle inspection may be postponed until the
emergency has passed, at which time an inspection shall be conducted.
b. The previous operator shall be responsible for any trash left in the vehicle and
found during a pre-tour of duty inspection.
c. Prior to returning the vehicle, the operator should ensure that the vehicle is fueled
and the interior of the vehicle is cleaned of any debris or other items not
belonging in the vehicle.
2. Operators shall identify and report to the Fleet Coordinator any defective equipment,
such as emergency lights and siren, head or taillights, seat belts, directional signals,
marker lights, auxiliary emergency lights, on-board computers, radios, radar, license
plate readers, gun racks, scanners, etc. These shall be reported immediately after
being discovered.
3. If any of the police vehicle’s emergency equipment (i.e. lights, sirens, seat belts, etc.)
is discovered to be in need of repair or malfunctioning, the need for repair shall be
documented in the Vehicle Maintenance Module of the Law Enforcement
Administration System (LEAS) and taken out of service, absent exigent
circumstances.
4. Body fenders, bumpers, glass, and tires shall be viewed for obvious signs of damage.
Personnel shall notify their supervisor of any damage to vehicle or its operating
equipment.
a. The supervisor shall initiate an investigation of any unexplained damage.
5. Vehicles used to transport detainees or arrestees shall be inspected for contraband and
weapons prior to placing the detainee or arrestee in the vehicle and upon removal of
said detainee or arrestee.
6. Operators should routinely make arrangements to have the vehicles they are operating
washed and cleaned by designated car-wash vendors so as to maintain a professional
appearance.
7. No body or paint modifications may be made without prior approval of the Chief of
Police.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 5 of 11
VI.
PROCEDURES FOR EQUIPPING AND SUPPLYING POLICE
VEHICLES
A. Supplies carried in the police vehicles shall be periodically checked, replaced, and/or
replenished as necessary by the Fleet Coordinator.
1. Supplies for the police vehicles are stocked and stored in the Department’s
maintenance garage.
a. If stored supply quantities are low and need to be replenished, the Fleet
Coordinator shall notify the Head of the Administration and Training Division
(ATD) of the need for additional supplies.
b. The ATD shall then make the appropriate arrangements for the supplies to be
ordered.
B. All marked and unmarked patrol vehicles shall be equipped with emergency lights and a
siren, and the following supplies and equipment:.
1. Marked Vehicles: All marked police vehicles intended for normal patrol should be
equipped with the following supplies and equipment when available:.
a. Gloves
b. Emergency Police Tape
c. Civilian Complaint/Commendation Forms
d. E-Ticket Printing Paper
F.
b.
f.
a.e. Two (2) Shatterballs
d.f. Other Authorized Intervention Tools (not required)
e.1) Department-approved glass break device with seatbelt cutter
g.2)
Department-issued tactical door ram
2. Unmarked Vehicles
a. All unmarked police vehicles intended for use by detectives should be equipped
with the following supplies and equipment:.
1) Civilian Complaint/Commendation Forms
2) Gloves
b. All unmarked police vehicles intended for use by command staff should be
equipped with the following supplies and equipment:.
1) Civilian Complaint/Commendation Forms
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 6 of 11
c. All unmarked police vehicles intended for use as undercover units shall be
equipped according to the needs of a specific operation, as directed by the Head
of the Division utilizing the vehicle.
3. Vehicles intended for use in special operations shall be equipped according to the
direction of the Head of the Division utilizing the vehicle.
C. Vehicle Disposal
1. When a police vehicle is to be disposed of through auction, trade-in, possession by an
insurance company, or other means, the Fleet Coordinator shall:
a. Ensure that all loose supplies and equipment are removed from the vehicle.
b. Strip all retro-fitted equipment that is unique to public safety vehicles, such as
two-way radios, emergency lights, prisoner cages, radio racks, MDT mounts,
push bars, sirens, etc.
VII.
PROCEDURES FOR THE MAINTENANCE OF POLICE
VEHICLES
A. Each time a police vehicle is brought to a repair facility for preventive maintenance,
repairs, etc., the vehicle will be fully inspected by the Fleet Coordinator to ensure the
following:.
1. Its operational readiness (emergency/warning lights, siren, spot lights, other vehicle
lighting, etc.)
2. All equipment assigned to the vehicle is present and ready for use.
3. To record any damage to the vehicle that had not been previously recorded.
B. Regular Maintenance: Regular scheduled maintenance, such as oil changes, state safety
inspections, tire replacements, etc., shall be coordinated by the Fleet Coordinator.
C. Routine mechanical and equipment problems
1. When a tire is discovered to be flat, low on air, or damaged, arrangements should be
made to have the tire changed, either by making arrangements through the Fleet
Coordinator or through one of the Town’s approved towing vendors.
2. The vehicle’s operator shall report mechanical and equipment problems to his/her
supervisor, who will determine if the vehicle should be taken out of service. The
officer shall notify the Fleet Coordinator of the condition so the problem(s) may be
resolved.
3. If, in the discretion of a supervisor, a condition exists making the vehicle unsafe, the
supervisor shall order the vehicle taken out of service by having the vehicle towed by
one of the town’s approved towing vendors to the designated garage.
4. If the vehicle cannot be left at the garage, the vehicle may be left at the police station.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 7 of 11
5. The supervisor ordering a vehicle to be taken out of service will communicate the
status of the vehicle to the Fleet Coordinator who will be responsible for taking the
appropriate follow-up action.
D. Towing of Department Vehicles
1. If the vehicle is in the local area, towing will be arranged through one of the Town’s
approved towing vendors.
2. If the vehicle is outside the local area, the operator will notify the on-duty supervisor.
The on-duty supervisor will determine if the Town’s approved towing vendor’s will
be used or another towing vendor.
VIII.
PROCEDURES FOR DAMAGE TO POLICE VEHICLES
A. An on-duty supervisor shall initially investigate all collisions involving police vehicles
regardless of the extent of the damage to either vehicle.
1. It is the responsibility of the operator of a police vehicle to immediately report the
accident/incident to his/her supervisor whenever there is a collision or damage to a
police vehicle.
2. Officers shall report immediately all damage and/or malfunctioning of the vehicle to
their supervisors.
3. The on-duty supervisor shall immediately go to the scene, begin an investigation, and
report all particulars to the shift commander.
4. The operator of the police vehicle involved shall submit a report to the investigating
supervisor.
5. In addition to completing, when required by law, the Connecticut Uniform Police
Accident Report, the supervisor shall submit in writing the details of the events
leading up to and during the collision in the Department Review (DR) reporting
module of the Law Enforcement Administration System (LEAS).
a. The investigating supervisor along with the officer(s) involved in the
accident/incident shall also comply with the Town of East Haven’s Vehicle
Accident/Incident Reporting Policy & Procedures.
B. Collisions within the Town of East Haven
1. When the collision involves a patrol officer, detective, or non-sworn members, the
on-duty supervisor shall conduct the investigation.
2. If the operator of the police vehicle is a supervisor the incident will be investigated by
another supervisor, preferably of a higher rank, and reviewed by that higher-ranking
officer’s superior.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 8 of 11
3. The investigator shall conduct a thorough investigation of the crash and follow the
steps laid forth in this directive.
a. The investigator shall complete the PR-1 form.
b. The investigator shall complete any additional forms required by the Town of
East Haven.
c. The names, addresses, dates of birth, extent of injury, and other pertinent
identifying information shall be obtained for the all occupants of the involved
vehicles, injured pedestrians/bicyclists, and other involved persons.
d. The extent of the damage to property and injuries to persons shall be recorded.
e. Photographs of the scene and damages should be taken.
f. All investigations of collisions involving a police vehicle will be done and
thoroughly reviewed in a timely fashion.
g. The operator’s supervisor shall compile all reports.
C. In the event that a member of the Department is involved in a collision in East Haven that
could result reasonably in criminal charges (i.e., vehicular homicide)
1. The shift commander shall notify the Heads of Patrol, the South Central Connecticut
Traffic Unit (SCCTU), and the IAO.
2. The SCCTU shall direct the investigation.
3. The Shift Commander or the Head of SCCTU shall notify the Chief of Police.
4. The Chief of Police may also opt to have the Connecticut State Police Collision
Analysis and Reconstruction Squad assist the Department’s investigators.
D. Collision Outside the Town of East Haven
1. The operator shall follow all guidelines and procedures governing the reporting of
damage to police vehicles.
2. The supervisor of an officer or non-sworn member whose police vehicle is involved
in a collision outside of the agency’s jurisdiction shall notify the shift commander
immediately.
a. The shift commander shall be responsible for notifying the appropriate agency
having jurisdiction where the collision occurred.
3. At the time of notification, the shift commander shall obtain information concerning
the circumstances of the collision, to include whether there were any injuries and/or
any extensive property damage.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 9 of 11
4. The collision should be investigated by the agency having jurisdiction.
a. In the event that agency refuses to investigate the collision, the employee
involved shall immediately notify the shift commander of that decision.
b. The shift commander shall speak with the commanding officer on duty in that
agency and ask him/her to cooperate with the Department’s policy of having all
collisions fully investigated by the jurisdiction in which the incident has taken
place.
c. If the collision is not investigated by the agency having jurisdiction and a
supervisor of this Department is unable to respond to the scene, the on-duty
supervisor or shift commander will require the employee involved in the collision
to do the following:.
1) Complete an incident report.
2) Photograph the scene and damage to vehicles and/or property.
3) Record the scene, including any damage, via his/her Body Worn Camera
(BWC).
d. If available, the IAO shall request a copy of the completed file from the
investigating jurisdiction.
5. A supervisor should respond to the location of the incident, if feasible, or document
why he/she cannot respond to the location of the incident.
a. The supervisor shall document the incident along with following the steps laid
forth in this directive. All documentation will be completed in the DR reporting
module.
IX.
PROCEDURES FOR COLLISION REVIEW
A. At each step in the investigations-reporting-review process the superior officer who
receives a file shall ensure that the information and exhibits are as complete and accurate
as they should be at that stage.
B. The Chief of Police shall decide if any charges should be referred to the State’s Attorney
for criminal prosecution.
C. The IAO shall recommend to the Chief of Police any internal action to be taken by the
Department. The three major criteria for whether further action is required are:
1. The member operated the vehicle in a safe and in professional manner and in
accordance with Department policy and/or rules, as well as state statutes, and
municipal ordinances or traffic regulations.
2. The members did not operate the vehicle in a safe and professional manner, and in
accordance with the Department’s policy and/or rules, as well as state statutes, and
municipal ordinances or traffic regulations.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 10 of 11
3. The behavior is part of a pattern identified through the Department’s Early
Intervention System.
D. Remedial and Disciplinary Action: These guidelines are intended for members of the
Department who are involved in what would be considered preventable collisions.
1. The desired result of any post-collision action is to modify personnel behavior to
avoid future collisions. The IAO shall consider the totality of the circumstances of the
incident resulting in the collision as well as any aggravating and mitigating factors
when considering corrective action.
2. Actions available to affect such behavior includes, but is not limited to:
a. Training.
b. Re-training.
c. A medical evaluation for a condition suspected of having a causal relationship to
the collision.
d. Employee Assistance Program.
e. Disciplinary Action.
E. Annual Review of Police Involved Collisions: At least annually, the IAO shall conduct
review of all police involved collisions that took place during the preceding twelve
months. The review will take the following factors into consideration:
1. Any discernible patterns, which may suggest any modifications to the Department’s
training program, modification to existing policies and procedures, or changes in any
existing practices.
2. A review of the driving history of the Department’s members involved in collisions
over the past three-year period to determine the frequency of collisions and/or any
patterns stemming from prior collisions.
3. Any recommendations required with respect to the Department’s internal review of
such collisions.
4. The completed annual report will be forwarded to the Chief of Police and the Heads
of the Patrol and Detective Divisions with any recommendations for further
consideration and action.
411.65 – Operation of Police Vehicles
February 13March 5, 20264
Page 11 of 11
East Haven
Police
Department
Type of Directive:
Policies & Procedures
Subject/Title:
Issue Date:
No.
415.109
JanuaryFebruary 27, 20264
Domestic Violence
Effective Date:
February 13March 5, 20264
Issuing Authority:
Review Date:
Honorable Board of
Police Commissioners
Annually
References/Attachments:
Policies & Procedures #: 303, 416, 424, 441
Connecticut General Statutes § 53a-217, 53a-217c, 46b-38a,§ 46b38b, § 10-10g, § 29-38c and § 17a-22r
Connecticut Public Act: 22-145 Federal Violence Against Women
Act (VAWA)
I.
II.
Rescinds:
415.89
Amends:
N/A
PURPOSE
A. The purpose of this directive is to set forth the policies and procedures of the East Haven
Police Department regarding response to domestic violence complaints.
POLICY
A. It is the policy of the East Haven Police Department (EHPD) that officers treat domestic
violence as violent criminal behavior and that officers comply fully with the State of
Connecticut Family Violence Prevention and Response Act.
B. It is the policy of the Department that officers shall make arrest decisions in domestic
violence cases in accordance with traditional probable cause standards and existing state
statutes.
C. Officers shall protect victims of domestic violence and provide them with relevant
information regarding the availability of community services and support.
III.
DEFINITIONS
A. Advocacy: Characterizes the work of a certified domestic violence advocate, working for
a designated domestic violence organization who is working with, and in support of, a
survivor that keeps with a survivor-centered, empowerment-based, and self-determined
approach.
415.910 – Domestic Violence
February 13March 5, 20264
Page 1 of 38
B. Child and Family Advocate: A person who is working within and supervised by a
domestic violence organization whose primary role is to provide services, support and
advocacy to sheltered and non-sheltered child, adolescent and teen victims of domestic
violence and their families.
C. Dominant Aggressor: The person who poses the most serious ongoing threat in a
situation involving the suspected commission of a domestic violence crime.
D. Family or household member: Any of the following persons regardless of the age of such
person as defined in Connecticut General Statute (CGS) § 46b-38a(2):.
1. Spouses or former spouses.
2. Parents or their children.
3. Persons related by blood or marriage.
4. Persons who have a child in common regardless of whether they have been married or
have lived together at any time.
5. Persons in, or who have recently been, in a dating relationship.
6. Persons presently residing together or who have resided together.
a. This does not include persons who are attending an institution of higher education
and presently residing together in on-campus housing or in off-campus housing
that is owned, managed, or operated by the institution of higher education or its
agent, provided such persons are not family or household members (PA 19-189).
b. This also does not include persons presently residing in a dwelling unit, as defined
in CGS § 47a-1, and making payments pursuant to a rental agreement provided
such persons are not family or household members (PA 19-189).
E. Domestic Violence: An incident resulting in physical harm, bodily injury or assault, or an
act of threatened violence that constitutes fear of imminent physical injury, bodily injury
or assault, including, but not limited to stalking or a pattern of threatening, between
family or household members. The term “domestic violence” and “family violence” are
synonymous and shall be deemed to mean the same thing when the terms are referenced
in any of the Department’s policies and procedures and/or Connecticut General Statutes.
1. Verbal abuse or argument does not constitute domestic violence unless there is
present danger and the likelihood that physical violence will occur in accordance with
CGS § 46b-38a(1).
2. A domestic violence crime refers to a crime as defined in CGS § 53a-24, other than a
delinquent act as defined in CGS § 46b-120, which, in addition to its other elements,
contains an element thereof an act of domestic violence to a family or household
member. A domestic violence crime does not include acts by parents or guardians
disciplining minor children unless such acts constitute abuse in accordance with CGS
§ 46b-38a(3).
415.910 – Domestic Violence
February 13March 5, 20264
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F. Family Violence Victim Advocate - FVVA: A person who is employed by and under the
control of a direct service supervisor of a domestic violence agency; who has undergone
a minimum of twenty (20) hours of training which shall include, but not be limited to, the
dynamics of domestic violence, crisis intervention, communication skills, working with
diverse populations, an overview of the state criminal justice and civil family court
systems and information about state and community resources for victims of domestic
violence; who is certified as a counselor by the domestic violence agency that provided
such training; and whose primary purpose is the rendering of advice, counsel and
assistance to, and the advocacy of the cause of, victims of domestic violence.
G. Possess: To have physical possession or otherwise to exercise dominion or control over
tangible property (CGS § 53a-3(2)).
H. Safety Plan: A plan developed between an advocate/counselor or a police officer and a
victim that contains specific activities for a victim to be safe from an offender. Safety
planning is an essential step to be completed with all survivors of domestic violence. It
allows individualized planning for situations the survivor and children or family may
encounter regardless of what the survivor decides to do about the relationship with the
abuser. Appropriate Safety Planning is also important for child survivors/witnesses of
domestic violence.
1. A Short-Term Safety Plan is an immediate plan developed at the time of the report. A
responding police officer should remain on scene and assist the victim with this plan.
Some of these steps could include but are not limited to the following:.
a. Ensuring that the victim and any children have the ability to call 9-1-1.
b. Ensuring that the victim can get to a safe location.
c. Calling a friend, family member or advocate for support.
d. Going to a safe place for the night.
e.
Creating a plan as to what to do next.
2. A Long-Term Safety Plan is a plan developed with an advocate which allows
individualized planning for situations the survivor and children or family may
encounter regardless of what the survivor decides to do about the relationship with
the abuser.
I. Self-Defense: The State of Connecticut recognizes the use of physical force upon another
person which would otherwise constitute a criminal offense is justifiable and therefore
not criminal in certain circumstances. CGS § 53a-19 is applicable in the context of
domestic violence crime and addresses such circumstances.
1. This statute provides in part that a person is justified in using reasonable physical
force upon another person to defend himself or a third person from what he/she
reasonably believes to be the imminent use of physical force, and he/she may use
415.910 – Domestic Violence
February 13March 5, 20264
Page 3 of 38
such degree of force which he/she reasonably believes to be necessary for such
purpose.
2. There are, of course, exceptions to the use of such physical force in defense of a
person. For example, “a person is not justified in using physical force when he/ or she
knows that he/ or she can avoid the necessity of using such force with complete safety
(1) by retreating, except that the actor shall not be required to retreat if he/ or she is in
his or her dwelling . . .”
a. Essentially, the statute requires that, before a person uses physical force in selfdefense or to defend a third person, he/ or she must have two "reasonable beliefs."
1) The first is a reasonable belief that physical force is being used or about to be
used upon themselves or another.
2) The second is a reasonable belief that the degree of force they are using to
defend themselves is necessary for that purpose.
J. Trauma Informed Care: Pursuant to CGS § 46b-38b(f), police officers and domestic
violence intervention unit counselors must inform domestic violence victims of services
available, including providing the victims with contact information for a regional
domestic violence organization that employs, or provides referrals to, counselors who are
trained to provide trauma-informed care. Existing law describes this as services directed
by a thorough understanding of the neurological, biological, psychological, and social
effects of trauma and violence on a person. The Act adds that the services be delivered
by a regional domestic violence organization that employs or provides referrals to
counselors who:
1. Make available to domestic violence victims resources on trauma exposure and its
impact on treatment.
2. Engage in efforts to strengthen the resilience and protective factors of victims of
domestic violence who are affected by and vulnerable to trauma.
3. Emphasize continuity of care and collaboration among organizations that provide
services to children.
4. Maintain professional relationships for referrals and consultations with programs and
people with expertise in trauma-informed care.
K. OrdersRDERS of OF PROTECTIONrotection (OOP):
1. Conditions of Release Order – A conditions of release order is an order issued for family
violence and should be set by Law Enforcement or Bail Commissioner upon release from
custody, and remains in effect until the arrested person has been presented before the
Superior Court (CGS § 54-63c(b)). For Law Enforcement specifically, in addition to
completing the JD-CR-146, the on-duty supervisor shall ensure that the conditions and
restrictions are entered into COLLECT and NCIC as a File 20 with restrictions.
2. Ex -Parte Restraining Order – An ex -parte restraining order is an order issued by the
family court when someone has completed the restraining order application. The
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judge has reviewed the application and affidavit and issues a temporary ex parte
restraining order. A hearing date is scheduled and the respondent must be notified.
Generally speaking, this order is good for fourteen (14) days or until the date of the
hearing (hearings can be scheduled before the fourteen (14) day time limit).
3.
Restraining Order - A restraining order is issued by a judge of the civil court against
a person who is a family or household member, usually after a hearing, but the court
may issue the order immediately upon application by the victim as enan “ex parte”
order to remain in effect until the hearing. In the restraining order, the judge can order
the abuser not to hurt or harass the victim. The judge may also order the abuser to
move out of the home and order the victim to have temporary custody of the children.
4.
Protective Order - A protective order is issued by a criminal court judge and is
directed against a defendant who has been arrested for a domestic violence crime or
whenever a protective order is an appropriate remedy in a criminal case.
a. In a domestic violence case, the family violence intervention unit makes a
recommendation to the prosecutor who then asks the judge to issue the order.
b. The defendant or the attorney representing the defendant can argue against the
order being issued. The victim or a family violence victim advocate may also
address the court regarding whether the order should be issued.
c. The judge will make the final decision after hearing from the parties involved. If
the order is issued, the order will be made a condition of the defendant's release.
d. Pursuant to CGS § 53a-223, no person who is listed as a protected person in any
order of protection may be liable for:
1) Soliciting, requesting, commanding, importuning or intentionally aiding in the
violation of the order or
2) Conspiracy to violate such order.
5. Standing Criminal Protective Order – A standing criminal protective order is an order
of protection issued by a criminal court judge at the time of an offender’s sentencing.
These orders can remain in effect for a significant duration of time – previously
known as a Standing Criminal Restraining Order prior to October 1, 2010 with no
expiration date.
a. This order type is generally issued when it is a more severe criminal case.
b. A person is guilty of criminal violation of a standing criminal protective order
when an order issued pursuant to subsection (a) of section 53a-40e has been
issued against such person, and such person violates such order.
6. Foreign Order of Protection – A foreign order of protection means any protection
order, as defined in 18 USC § 2266, a restraining or protective order issued by a court
of another state, the District of Columbia, a commonwealth, territory or possession of
the United States or an Indian tribe.
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7. Civil Protection Order – A civil protection order means any protection issued by a
civil court to protect an applicant who has been the victim of stalking, sexual assault
and/or sexual abuse that is not related to family or domestic violence.
8. The comparison orders of protection chart can be found in Appendix A of this
directive.
IV.
PROCEDURES
A. The East Haven Public Safety Communications Center (EHPSCC) personnel, upon
receipt of a call for service involving domestic violence, shall do the following:.
1. Dispatch unit(s) to the scene.
2. Check the Connecticut Protective Order Registry – File 20 and relay any information
to the responding officers.
3. Attempt to obtain, record, and relay to the responding officer(s) the following
information:.
a. The caller's name and relationship to the offender.
b. The victim's name and the offender's name, and their relationship to each other.
c. The nature of the abuse, or suspected or sustained injuries.
d. Previous complaint history.
e. Whether a court order of protection is in place.
f. Whether the victim has a current order of protection.
g. Whether children are involved.
h. Whether there is a presence of alcohol, drugs, or mental illness.
i. Whether weapons were implied, involved and/or present.
j. EHPSCC personnel or a sworn member of the Department shall provide domestic
violence victims with the incident case number and contact information for
the Department, in order to allow them to obtain periodic updates as to the
offender’s incarceration status. EHPSCC personnel shall assist domestic violence
victims who make such inquiries as to the defendants who remained incarcerated
at the Department.
B. Responding Officers and On-scene Investigative Procedures
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1. Treat all domestic violence calls as potentially "high risk.” When possible briefly
listen at the door and observe the involved parties through a window prior to entry.
This may assist in the determination of the existence of probable cause for arrest.
2. Force entry when necessary. An officer may force entry into a premise when the
officer reasonably believes an occupant is in need of immediate medical attention or
is in danger of suffering physical injury, and after complying with the knock and
announce rule in the absence of imminent peril.
3. Ask who is present in the household and for all to come forward.
4. Ask whether there are firearms in the house.
5. Assess and define the nature of the incident by talking to parties separately, where it
is safe and practical, and not in view of one another.
6. If informed that the perpetrator of domestic violence is in possession of firearms,
electronic defense weapons, and/or ammunition, then officers may seize such items
to help ensure the safety of potential victims.
7. Assist the victim(s) in obtaining medical treatment, if required/needed. (CGS § 46b38b(f).
8. Ask if children are present and complete the following as necessary:.
a. Ensure the safety of children and determine whether they need medical attention.
b. Interview children as witnesses.
c. Provide the victim a copy of documents concerning behavioral and mental health
evaluation
and
treatment
resources
available
to
children
https://www.connectingtocarect.org/support-services/, developed pursuant to CGS
§ 17a-22r46b-38b(f) as amended by PA 22-47.
d. Consider a trauma informed (forensic interview) when necessary.
e. When possible and appropriate, work cooperatively with the Child and Family
Advocate at the regional domestic violence provider or other mental health and
child welfare agencies to identify opportunities to provide collaborative childspecific trauma informed services, establish a response at the scene of a domestic
violence incident and develop strategies that measure impact.
f. When Appropriate, consider utilizing the Emergency Mobile Psychiatric Services
(EMPS) at the scene by calling 211.
g. Make arrangements for care,care if dual custodial arrests are made.
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h. If child abuse and/or neglect is suspected, report to Department of Children and
Families (DCF) by phone (CGS § 17a-101b) and complete Form DCF-136 (CGS
§ 17a-101(c)).
i. Do not use children to serve as an interpreter for the adult unless there is an
immediate emergency and only until an Authorized Interpreter can respond to the
scene.
9. Identify the relationship between the victim(s) and the accused to determine family
and/or household member status.
10. When complaints of domestic violence are made by two (2) or more opposing
persons, officers are not required to arrest both persons. Officers shall evaluate each
complaint separately to determine which person is the dominant aggressor (CGS §
46b-38a(b) as amended by PA 18-5).
11. Document the scene, evidence present, witnesses and any other relevant information.
12. When possible, photograph the scene and any visible injuries on the victim(s).
13. Ask the victim for a written statement, and when appropriate, obtain a signed medical
release form with the victim’s consent.
14. Inquire about any current protective orders, and/or restraining orders, or ex -parte
restraining orders and determine whether such an order is on file within the
COLLECT and/or NCIC system.
a. Determine whether the offender is the subject of any order of protection or
conditions of release that includes “no contact with the victim” or “no use or
possession of dangerous instrument or possessing any deadly weapons”.
b. Verify whether the order of protection or conditions of release apply to the
involved victim and offender.
15. Identify all penal code violations.
16. Provide the victim(s) with the case number and the investigating officer's name and
badge number.
17. Provide assistance to the victim regardless of the victim’s race, age, gender, religious
beliefs, immigration status, ethnicity, disability, sexual orientation, gender identity, or
gender expression. Pursuant to CGS § 46b-38b(d), such assistance shall include, but
not limited to the following:.
a. Notify the victim of the right to file an affidavit for a warrant for arrest.
b. Inform the victim of services available by providing the victim with the contact
information for Connecticut Safe Connect, which provides the means to contact a
certified domestic violence counselor for help (1-888-774-2900 or
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www.ctsafeconnect.org). Help may be accessed through Connecticut Safe
Connect via telephone call, live chat, text, or email with a connection to a local
domestic violence organization.
c. Remain at the scene for a reasonable time until, in the reasonable judgment of the
officer, the likelihood of further imminent violence has been eliminated.
18. Conduct a Lethality Assessment ProgramScreening (LAP) screen in accordance with
Policies and Procedures # 441 – Domestic Violence Lethality Assessment with the
victim(s) when an intimate partner relationship is involved, and any one or more of
the following exist: in accordance with Policies and Procedures # 441 – Domestic
Violence Lethality Assessment.
a. It is believed that an assault has occurred.
b. The officer senses the level of or potential for danger is high.
c. Names of parties or location are repeat names or locations.
d. The officer believes that as other circumstance(s) dictate that completion of the
LAP protocol would be beneficial to promote safety.
19. The officer conducting the screen shall follow the appropriate protocol according to
the results of the screen. Resources to support officers are available on the
www.CTLAP.org website.
19.20. Officers shall provide assistance in accordance with the uniform protocols for
treating victims of domestic violence whose immigration status is questionable.
Officers are strongly discouraged from requesting information about or otherwise
investigating or assisting in the investigation of citizenship or residency status of any
victim, unless such an inquiry or investigation is required by statute, ordinance,
federal regulation, or a court decision.
20.21. Before leaving the scene, identify the local domestic service provider, and help
the victim to develop a short-term safety plan, which may include planning what to
do next, contacting a friend or family member for support, and/or going to a safe
place for the night (i.e. family, friends, shelter).
a. Provide the victim(s) a “Victim of Crime Ccard” from the Office of Victim
Services containing information about victims' rights and phone numbers for
services (CGS § 46b-38b(f)). (CGS §54-216 permits victims of domestic
violence to obtain restitution services from the Office of Victim Services.)
21.22. Explain to the victim the process for arrest, arraignment and bond, and including
the following:
a. The offender might not be held overnight and , but may be released within hours
of the arrest.
b. The offender will be arraigned on the next available court datey.
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c. Prior to arraignment, the victim can call Connecticut Safe Connect at 1-888-7742900 or go to www.CTSafeConnect.org 24/7, 365 days/year for support,
resources and safety planning, with a connection to a local domestic violence
organization.
d. On the day of arraignment, the FVVA will provide the victim with accurate
information regarding the court process and her/his constitutional rights as a
crime victim. The FVVA will represent the victim's wishes to the court. The
FVVA will provide information and referrals regarding available community
services, register victims for CT SAVIN case notification, assist with applying for
Victim Compensation and will help the victim develop a short/long-term safety
plan.
1) The FVVA will only disclose information as authorized by the victim otherwise, any information given by the victim to the FVVA is confidential,
or that which is required by law.
e. Victim safety is enhanced when he/she has information in regard to the offender’s
incarceration status. The offender might not be held overnight and may be
released shortly after the arrest. A representative of the arresting agency shall
provide the victim(s) with the incident case number and appropriate contact
information for the Department. Victim(s) are to be encouraged to contact the
investigating agency, at the number provided, for periodic updates as to the
offender’s incarceration status, as they deem appropriate.
e.f. It is highly recommended that in domestic violence incidents, which includes
investigations of order of protection violations, an officer not notify the alleged
offender of a pending arrest or offer voluntary surrender. Voluntary surrender
should only be offered where there are unusual circumstances related to officer or
victim safety, etc. that would warrant the voluntary surrender.
22.23. When an officer arrests any person for a domestic violence crime, he/she must
inform the defendant of the next day that court is open for an appearance date. If
court is in session at the time of the offense, that person should be arraigned at that
time if court is willing to accept the defendant on the same day.
23.24. For any cases of arrest or pending arrest for domestic violence, complete a Family
Violence Offense Report, DPS-230-C, to be turned in with all other completed
paperwork regarding the incident. Forward to the appropriate agencies including the
Crimes Analysis Unit at the Department of Emergency Services and Public Protection
(DESPP) (Electronic versions of the DPS-230-C must be printed and sent to the
Crimes Analysis Unit).
24.25. Report suspected abuse of any person with intellectual disability between the ages
of eighteen (18) and sixty (60) to the Abuse Investigation Division of the Department
of Developmental Services by phone (1-844-878-8923) and submit Form PA-6. (CGS
§ 46a-11b)
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25.26. Report suspected abuse, neglect, exploitation, or abandonment of any elderly
person within twenty-four (24) hours of establishing reasonable cause by phone to the
Connecticut Department of Social Services (1-888-385-4225); or Form W-675 may
be completed and forwarded to the Department of Social Services via fax (860-4245091). (CGS § 17b-451)
26.27. Department patrol vehicles shall contain copies of services and resources
available to victims pursuant to the criteria outlined in CGS § 17a-22r, to include:
a. Behavioral and mental health evaluation and treatment resources available to
children.
b. Contact information for the National Suicide Prevention Hotline.
c. Providers of resources for mobile crisis intervention services.
d. Physical location(s) of each provider.
e. Officers may provide a copy of such documents to any person or family member
of a person who they determine may benefit from the services or resources
described in such documents.
27.28. Personnel shall ensure that his/her assigned Department patrol vehicle has
sufficient family violence resource forms for their tour of duty.
C. Supervisory Responsibilities
1. A supervisor shall conduct a probable cause review at the scene (when necessary and
feasible) and/or at booking and review all arrests, dual arrest situations and selfdefense issues.
2. A supervisor shall ensure all reports, including the Family Violence Offense Report,
DPS-230-C are properly completed and submitted to the Records Division.
a. The Records Division shall forward all Family Violence Offense Reports to the
Crimes Analysis Unit at the Department of Emergency Services and Public
Protection on a monthly basis.
3. The shift supervisor shall ensure that follow-up investigative responsibilities, victim
safety, and offender release considerations are coordinated to allow for shift changes
and/or referral to specialized units.
4. The shift supervisor shall expedite the arrest warrant execution upon approval from
the court.
5. The on-duty supervisor shall ensure, under CGS § 54-63c(a), any offender arrested
who has used or has threatened to use a firearm not be released on a promise to
appear (PTA).
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6. Conditions of release for domestic violence shall be set by the on-duty supervisor
CGS §54-63c(b) or the bail commissioner CGS §54-63d(c). Either the on-duty
supervisor or the bail commissioner should enter an order of protection (“File 20”)
into COLLECT/NCIC, with the appropriate conditions/restrictions listed.
6.a. If the defendant fails to appear in court on their initial assigned court date, Family
Services will send the arresting agency the “Police Notification- Family Violence
Defendant Failure to Appear at Initial Hearing Date” JD-FM-277 form advising
of such. The on-duty supervisor should consider modifying the conditions of
release expiration date until the defendant appears in court.
7. The on-duty supervisor is responsible for setting bail after arrest. In any instance in
which a bail commissioner reduces the bond set by law enforcement, the on-duty
supervisor, who has concern for the safety of the victim may contact the sState’s
aAttorney within the jurisdiction, who in turn may authorize the Department to delay
release on the bail commissioner’s recommendation until the arraignment (CGS § 5463d(d)).
8. The Department shall designate one supervisor to review and oversee the Police
Response to Crimes of Domestic Violence Model Policies, Procedures, and
Guidelines and to enhance such agency’s response to victims, community, and court
personnel with respect to domestic violence. The supervisor shall submit a report
annually on compliance to the Chief of Police.
a. A Survey to Determine Compliance with the State of Connecticut Family
Violence Model Policy fForm (DESPP-231-C) shall be completed by the Head of
the Records Division annually by July 1st and submitted to the Crimes Analysis
Unit at the Department of Emergency Services and Public Protection (DESPP)
regarding the Department’s compliance with the Connecticut Family Violence model
policy.[CGS §46b-38b(g)(4)]
D. Arrests
1. Except as provided in subsection (bc) and (ed) of this section, whenever an officer
determines upon speedy informationprobable cause that a domestic violence crime, as
defined in CGS § 46b-38a(3), has been committed within such officer's jurisdiction,
such officer shall arrest the person suspected of its commission and charge such
person with the appropriate crime(s). [(CGS § 46b-38b(a)])
a. Officers shall make arrests for all domestic violence offenses consistent with CGS
§ 54-1f.
a.
2)b.
The Family Violence Prevention and Response Act (FVPRA) requires
officers to arrest a person only if there is probable cause to believe that person
committed a domestic violence crime, and it does not alter standards for an arrest.
Traditional constitutional and statutory standards, including CGS § 54-1f
guidelines, should direct decisions and procedures for making and processing
domestic violence arrests. An officer must determine that probable cause exists
for any charge which forms the basis for an arrest.
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b.c. Officers shall not notify the alleged offender of a pending arrest or offer voluntary
surrender. Voluntary surrender should only be offered where there are concerns
for officer safety, concern for victim safety or unusual circumstances that would
warrant the voluntary surrender.
c.d. When complaints of domestic violence are made by two (2) or more opposing
persons, officers are not required to arrest both persons. Officers shall evaluate
each complaint separately to determine which person is the dominant agressor
(CGS § 46b-38ba(b) as amended by PA 18-5).
1) In determining which person is the dominant aggressor, officers shall consider
the need protect victims of domestic violence and the following:.
a) Whether one (1) person acted in defense of himself/herself or a third
person.
b) The relative degree of an injury.
c) Any threats creating fear of physical injury.
d) Any history of domestic violence between such persons if such history can
reasonably be obtained by the officer.
2) An officer shall arrest the person he/she believes to be the dominant
aggressor.
d.e. If an officer believes probable cause exists for the arrest of two (2) or more
persons, in lieu of arresting or seeking a warrant for the arrest of any person
determined not to be the dominant aggressor, the officer may submit a report
detailing the conduct of such person during the incident to the sState's aAttorney
for the Department’s Judicial District for further review and advice. The
provisions of this section shall be construed to discourage, when appropriate, but
not prohibit, dual arrests.
1) For a secondary arrest review by the sState’s aAttorney, the report detailing
the incident and the Request for Review and Advice Form must be completed
and submitted to the sState’s aAttorney by the next business day.
e.f. Section “I” of this policy further highlights dual complaints and the dominant
aggressor.
f.g. No officer investigating an incident of domestic violence shall threaten, suggest or
otherwise indicate the arrest of all persons for the purpose of discouraging
requests for law enforcement by any party. [(CGS § 46b-38b(db)]).
g.h.
An officer should emphasize to the parties the criminal nature of domestic
violence and that the criminal action is being initiated by the State, not the victim.
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h.i. An officer can choose to make a custodial arrest, a summons arrest, or, in limited
situations, may apply for an arrest warrant. Determination of which type of arrest
to pursue should include careful consideration of imminent safety concerns for the
victim and his/her children, and after consulting with the on-duty supervisor.
i.j. Whether or not an offender posts bond, he/she shall be scheduled for arraignment
before the superior court for the geographic area where the offense is alleged to
have been committed on the next regularly scheduled day of court business. (CGS
§ 54-1g)
j.k. If an arrested person is hospitalized, or has escaped or is otherwise incapacitated,
the person shall be presented, if practicable, to the next available court date after
return to police custody.
k.l. Pursuant to CGS § 46b-38b(a), the decision whether to arrest shall NOT be
influenced by the following:.
1) The specific consent or request of the victim.
2) The relationship between persons suspected of committing a domestic
violence crime. The seriousness of crimes committed between family or
household members is not mitigated because of the relationships, living
arrangements, or genders of those involved.
3) The fact that civil proceedings such as separation, divorce, or custody disputes
are pending. A pending civil action does not preclude a thorough
investigation and arrest if probable cause exists. Officers should not assume
parties are using claims of domestic violence to gain advantages in civil
actions. It is well documented that violence escalates when victims make
efforts to leave a violent relationship and/or take steps to seek protection.
4) The victim's previous unwillingness to participate in the complaint or arrest
process. Often, victims may be immobilized by fear. Officers should treat
each incident with equal importance. There is no way to tell, for example,
which time a victim may be in more danger or when an abusive partner may
become violent.
5) The number or frequency of calls for police assistance at a particular location.
It is well documented that the level of violence increases over time and
escalates significantly when a victim seeks assistance.
6) The victim’s wishes to not have the offender arrested. Officers should
emphasize that criminal action is being initiated by the State, not the victim.
7) Assurances from the offender that the violence will cease.
2. The provisions of CGS § 46b-38b shall not apply to persons who are, attending an
institution of higher education and presently residing together in on-campus housing
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or in off-campus housing that is owned, managed, or operated by the institution of
higher education or its agent, provided such persons are not family or household
members as defined in subparagraph (A), (B), (C), (E), ;or (F) of Subdivision (2) of
section 46b-38a, or persons presently residing in a dwelling unit, as defined in CGS §
47a-1, who are making payments pursuant to a rental agreement, as defined in CGS §
47a-1, provided such persons are not family or household members as defined in
subparagraph (A), (B), (C), (E) (F) of subdivision (2) of section 46b 38a. [CGS §46b38b (j)] provided such persons are not in a dating relationship, (PA 19-189).
2.3.
If unsure of how to proceed in any situation, seek guidance from the supervisor.
3.4.
Pursuant to CGS §1-210 (19)PA 19-43, law enforcement agencies shall redact
the name, address or other identifying information of any victim of sexual assault
under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, voyeurism
under section 53a-189a, injury or risk of injury, or impairing of morals under section
53-21, or family violence, or witness thereof, as defined in section 46b-38a, or of an
attempt thereof, from any arrest record released to the public.
E. Officer Involved Domestic Violence Incidents
1. Refer to Policies and Procedures # 416 – Domestic Violence Involving Department
Personnel regarding the handling of domestic violence involving personnel from the
Department and domestic violence involving sworn personnel from an outside
agency.
F. Jurisdiction
1. Misdemeanor Summons Arrests.
a. An officer may arrest for misdemeanor crimes only within the geographical
boundaries of the territory covered by the Department, with the following two
exceptions:.
1) An officer may arrest outside of his/her jurisdiction anywhere within
Connecticut if there is probable cause based on "speedy information" that the
crime(s) occurred within his/her jurisdiction and the officer is in immediate
pursuit of the suspect. [(CGS § 54-1f(c)])
2) An officer may arrest anywhere within Connecticut if his/her department
holds a valid arrest warrant for the accused.
b. If the domestic violence crime does not involve a felony, and if the officer
reasonably believes there is no risk or injury to a family or household member,
the officer may affect a misdemeanor summons arrest. (CGS § 54-1h).
c. For further guidance on these types of arrests, reference Policies and Procedures #
424 – Misdemeanor Summons Arrest.
2. Felony Warrant Arrest
a. An officer may arrest anywhere within Connecticut if he/she has probable cause
to believe the suspect has committed a felony.
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b. “Speedy information" is not required for a felony arrest; however, absent speedy
information, it is recommended that the officer obtain an arrest warrant unless
there is a concern for safety and/or flight.
c. A criminal violation of an order of protection is a felony crime, andcrime and
could be deemed to impact the safety of the victim.
d. If a warrantless arrest is not made and the suspect cannot be located within a
reasonable time following the crime, the investigating officer shall prepare an
application for an arrest warrant. All crimes for which probable cause exists
should be charged and the facts supporting each charge, including violence or
threats of violence, must be detailed in the warrant; the execution of a warrant
should be expedited.
3. No Arrest
a. When choosing not to affect an arrest, the officer should explain that an arrest
cannot be made without adequate factual basis establishing probable cause. The
officer should explain alternate remedies and avenues of assistance and
protection.
G. Warrantless (On-Site) Arrest Considerations
1. CGS § 54-1f authorizes an officer to arrest, without previous complaint and warrant, any
person for any offense (felony or misdemeanor) that occurred within his/her precinct,
when the person is taken or apprehended in the act or on the speedy information of
others.
2. Speedy Information is information received during the course of or promptly after the
commission of the crime and is of such character that the officer has reasonable grounds
to accept it as true. Whether such information constitutes speedy information depends on
the following two considerations:.
a. How proximate in time the information is to the crime.
b. Whether the officer was justified in accepting the information and relying on it. (It is
the officer's responsibility to check the truthfulness, reliability, and basis of
knowledge of the person providing the information.)
b.
H. Warrant Arrest Considerations
1. In domestic violence cases, an arrest warrant should be sought only in limited
circumstances such as in the following cases:
a. When further investigation is needed to establish probable cause (i.e. self-defense,
etc.).
b. When the offender cannot be located pursuant to speedy information.:
1) If the offender has left the scene and probable cause for an arrest has been
established, initiate a speedy want / BOLO for the offender.
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2) The investigating officer shall notify the EHPSCC personnel to advise
neighboring jurisdictions, or other jurisdictions where the offender is believed
to have fled, of the probable cause for the offender’s arrest and to effect the
arrest if the offender is located.
3) The
investigating
officer
shall
complete
a
signed/sworn
report/affidavit/incident report to support the arrest in the event the offender is
located and arrested.
4) If the offender is not located, the investigating officer shall, as soon as
practical, prepare and submit an arrest warrant application.
c. For a misdemeanor arrest when there is no speedy information.
d. For a felony arrest when there is no speedy information, unless there is a concern
for safety and/or flight.
1) A criminal violation of an order of protection is a felony crime and should be
deemed to impact the safety of the victim.
2. Once an officer has determined that probable cause exists, an arrest warrant should be
sought as soon as possible.
a. If a warrant must be sought in any incident involving the use or threatened use of
a weapon (electronic defense weapon or firearm), an officer should expedite the
application for an execution of the arrest warrant. An officer should consider
contacting the sState’s aAttorney in order to expedite the review of the arrest
warrant.
b. All crimes for which probable cause exists should be charged and the facts
supporting each charge, including violence or threats of violence, should be
detailed in the warrant and at the next day court presentation.
c. Upon approval from the court and after receipt of an active arrest warrant, the
investigating agency shall make attempt(s) to make service of the arrest warrant
as soon as practicable.
d. Officers shall make repeated attempts to serve the warrant until the offender is
arrested, as are appropriate to the circumstances of a given case.
e. Officers shall ensure that attempts to serve the arrest warrant are not hindered by
personnel on days off or extended leave and should consider reassignment of the
case in order to expedite service.
b.f. Once a domestic violence arrest warrant has been served, officers shall make
attempt(s) to notify the victim of the arrest. If the offender is held on bond,
explain to the victim that the offender might not be held overnight and may be
released shortly after the arrest. Officers shall provide the victim with the
415.910 – Domestic Violence
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appropriate contact information for the Department. Victims are to be encouraged
to contact the Department, at the number provided, for periodic updates as to the
offender’s incarceration status, as they deem appropriate.
I. Dual Complaints and Dominant Aggressor
1. The Family Violence Prevention and Response Act (FVPRA) ([CGS § 46b-38b(a)])
requires, in part, that whenever an officer determines upon speedy information that a
domestic violence crime has been committed within such officer's jurisdiction, such
officer shall arrest the person suspected of its commission and charge such person
with the appropriate crime.
2. This "mandatory arrest" part of the law may be confusing in at least two situations:
first, in incidents where there is probable cause to arrest both parties, and second,
when one of the parties may have been acting in self-defense.
a. Officers should be aware that, given the nature of domestic violence, a victim
may be afraid to make true and accurate statements regarding the incident due to
fear of further violence from a battering partner.
b.
c.b. The FVPRA requires officers to arrest a person only if there is probable cause to
believe that person committed a family violence crime. Officers are prohibited
from threatening, suggesting or otherwise indicating the arrest of all parties
involved in an incident of family violence for the purpose of discouraging
requests for law enforcement intervention by any party. [CGS §46b-38b(d)].
d.c. Each complaint must be carefully and thoroughly investigated prior to making
arrest decisions to ensure that a victim will not be unnecessarily re-victimized by
the legal system, or made to fear police intervention. An arrest itself can be
particularly traumatic for victims of domestic violence.
3. When complaints of domestic violence are made by two (2) or more opposing
persons, officers are not required to arrest both persons.
a. Officers shall evaluate each complaint separately to determine which person is the
dominant aggressor.
b. In determining which person is the dominant aggressor, officers shall consider the
need to protect victims of domestic violence, whether one person acted in defense
of self or a third person, the relative degree of any injury, any threats creating fear
of physical injury, and any history of domestic violence between such persons, if
such history can reasonably be obtained by the officer.
c. The officer shall arrest the person whom the officer believes to be the dominant
aggressor. [(CGS § 46b-38b(b) as amended by PA 18-5.)]
d. If an officer believes probable cause exists for the arrest of two (2) or more
persons, in lieu of arresting or seeking a warrant for the arrest of any person
determined not to be the dominant aggressor, the officer may submit a report
detailing the conduct of such person during the incident to the sState's aAttorney
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for the Department’s judicial district for further review and advice. The provisions
of this section shall be construed to discourage, when appropriate, but not
prohibit, dual arrests. [(CGS §46b-38b(c)] as amended by PA 18-5.)
1) For a secondary arrest review by the sState’s aAttorney, the report detailing
the incident and the Request for Review and Advice Form must be completed
and submitted to the sState’s aAttorney by the next business day.
e. Dual arrests should be made only when probable cause exists to charge each party
with a crime, unless the dominant aggressor has been identified or a request will
be made to have the case reviewed by a sState’s aAttorney,. [(CGS § 46b-38b(c)
as amended by PA 18-5.)].
f. In some instances, officers may receive dual complaints, but thorough
investigation may only establish probabley cause to arrest one of the parties. In
other instances, there may be probable cause to arrest one party for a domestic
violence crime and the other on a non-domestic violence charge, such as
interfering with an arrest. This does not constitute a dual arrest.
f.g. Officers should thoroughly document in the report all claims and complaints, as
well as any facts and/or circumstances that either corroborate or disprove the
claim or complaint. An officer should determine what type of arrest is necessary
and appropriate under the circumstances, e.g., a misdemeanor summons arrest, a
custodial arrest, or, in limited situations, a later arrest by warrant.
4. No officer investigating an incident of domestic violence shall threaten, suggest or
otherwise indicate the arrest of all persons for the purpose of discouraging requests
for law enforcement by any party. [(CGS § 46b-38b(db)])
5. No officer shall be held liable in any civil action regarding personal injury or injury to
property brought by any party to a domestic violence incident for (1) an arrest based
on probable cause; (2) any conditions of release imposed pursuant to subsection (b) of
section 54-63c; or (3) determinations made pursuant to subsection (b) or (c) of this
section. [(CGS § 46b-38b(e) as amended by PA 18-5.)]
J. Self-Defense
1. When attempting to determine whether or not a person was justified in using selfdefense and therefore not subject to the mandatory arrest provisions of the law, the
responding officer must make his or her own judgments about the reasonableness of
the subject’s “beliefs,” as defined above in Section III. In making these judgments
the officer must first consider the following:.
a. The situation from the perspective of the person acting in self-defense; that is,
what did the person actually believe, and - because statute requires that the
defendant's belief be reasonable, and not irrational or unreasonable under the
circumstances, and.
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b. Whether a reasonable person in the defendant's circumstances could have reached
that belief.
2. The analysis can be broken down into 4 steps or elements:.
a. That the actor actually believed that someone else was using or about to use
physical force against him/her or a third person.
b. That such belief was reasonable because a reasonable person in the actor’s
circumstances would have shared that belief.
c. That the actor actually believed that the degree of force (he/she) used was
necessary to repel the attack.
d. That such belief was reasonable because a reasonable person in the defendant's
circumstances, viewing those circumstances from the defendant's perspective,
would have shared that belief.
K. Incident Reporting and Documentation
1. Whenever an officer determines that an allegation of a domestic violence offense has
occurred between members of the same family and/or household, as defined herein, a
case incident report must be prepared whether or not an arrest is made.
2. When an officer feels that a recorded 911 call or any recorded call for police response
will enhance an investigation, he/she should request that the recorded call be
preserved; seize the recording as evidence and document the seizure in the incident
report.
3. Officers shall document any verbal statements made by the victim(s), offender, or
witnesses and distinguish the statements with quotes where appropriate within the
incident report.
4. Officers shall document any visible injuries within the incident report.
5. Incident reports shall be completed in accordance with Policies and Procedures # 303
– Incident Reporting and Review Procedures.
L. Effect of Court Order of Protection (OOP)
1. OOP includes: Ex -Parte Restraining Order, Restraining Order, Protective Order,
Standing Criminal Protective Order or a Foreign Order of Protection upon the Right
to Possess and/or Carry firearms and/or ammunition.
2. Possession: Definition CGS § 53a-3(2): to have physical possession or otherwise to
exercise dominion or control over tangible property.
L. , or a Foreign Order of Protection upon the Right to Possess and/or Carry firearms
and/or ammunition.
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3. Any person who is subject to an ex -parte restraining order, restraining order,
protective order, standing criminal protective order, or a foreign order of protection in
a case that involves the use, attempted use, or threatened use of physical force against
another person, must immediately surrender any pistols, revolvers, or other firearms
(CGS § 29-27), and ammunition in his possession no more than twenty-four (24)
hours after becoming subject to the order.
a. He/she is required to tTransfer or sell any pistols, revolvers, other possessed
firearms or ammunition in his/her possession to a Federal Firearms Licensee
(FFL), or
b. Deliver or surrender the firearms or ammunition to the Commissioner at a sState
pPolice troop (other than Headquarters) or a local police department. (CGS § 2936k(a)).
c. Persons subject to a restraining order (includes ex -parte order), protective order,
or a foreign order of protection are prohibited from possessing a pistol, revolver,
other firearm, ammunition or an electronic defense weapon. (CGS §53a-217)
d. Persons subject to a Condition of Release “no use or possession of a dangerous
weapon” are prohibited from possessing or using any dangerous instruments or
possessing any deadly weapons. (CGS § 53a-222 or § 53a-222a)
e. The State Police Special Licensing and Firearms Unit (SLFU) shall track the
subject’s compliance as it pertains to any order impacting the ability of a party to
possess a firearm or ammunition. If a permit holder fails to comply with the
statutory requirements of transferring of all weapons, firearms and/or ammunition
within the required period of time (typically twenty-four (24) hours), a letter of
non-compliance will be sent to the sState pPolice tTroop or police department
where the subject resides.
f. Officers shall then investigate the non-compliant ineligible subject, as soon as
practicable.
g. If weapons or firearms are produced by an ineligible subject, he/she shall
surrender any and all firearms, weapons and ammunition to the investigating law
enforcement agency as required under law.
1.
a.h. An officer will obtain a sworn written statement or statement of compliance from
the subject indicating they are aware they are ineligible to possess, and are
currently not in possession of any firearms or ammunition.
b.i. When a state marshal service receives an ex -parte order issued by the court that
indicates that the respondent holds:
1) A pistol/revolver permit, an eligibility certificate for a pistol or revolver, a
long gun eligibility certificate, an ammunition certificate or permit, orand
may
possess one or more firearms or ammunition,
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2) The marshal service shall notify the agency for the town in which the service
will take place, provide a copy of the application, the applicant’s affidavit, the
ex -parte order, notice of the hearing, and the marshal may request an officer
when the service is executed.
2.4.
A person may surrender his or her weapon(s) to the East Haven Police
Department and the Department’s Evidence Officer should forward it/them to the
Commissioner of the Department of Emergency Services and Public Protection
(DESPP).
3.5.
Permit to Carry.
a. The Department shall revoke any permit to carry a pistol or revolver or a pistol or
revolver eligibility certificate, a long gun eligibility certificate, or an ammunition
permit or certificate when:
1) He/she has been convicted of a felony or any misdemeanor disqualifiers (CGS
§ 29-32).
2) He/she becomes subject to an ex -parte restraining order, a restraining order
and/or a protective order, a standing criminal protective order, or a foreign
order of protection in a case that involves the use, attempted use, or threatened
use of physical force against another person. (CGS § 29-32, § 29-36, § 29-37,
§ 29-38)
b. Within five (5) days of receiving written notice that his/her permit has been
revoked, the holder of the permit/certificate must surrender it to the Department.
(CGS § 29-32, § 29-36, § 29-37, § 29-38).
c. Any local issuing authority that revokes a permit must notify the Commissioner of
the DESPP of the revocation, and Aany revocation of a state permit of an East
Haven resident by the Commissioner of DESPP requires notification of the
Department. (CGS § 29-32).
d. If an offender does not surrender the permit/certificate, he/ or she should be
arrested for any of the below violations:.
1) Failure to Surrender Permit to Carry a Pistol or Revolver (CGS § 29-32).
2) Failure to Surrender Pistol or Revolver Eligibility Certificate (CGS § 29-36i).
3) Failure to Surrender Long Gun Eligibility Certificate (CGS § 29-37s).
4) Failure to Surrender Ammunition Certificate (CGS § 29-38p).
5) The permit/certificate should be confiscated and immediately forwarded to the
Commissioner of the DESPP (CGS § 29-32, CGS § 29-36, CGS § 29-37,
CGS § 29-38 inclusive as amended by P.A. 16-34).
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4. Carrying Pistol or Revolver without a Permit.
a. If officers find a pistol or revolver in the possession of a person involved in a
domestic violence crime who is not in his dwelling house or place of business,
and a determination is made that the person does not have a valid permit to carry
such weapon, officers shall arrest the person for the crime of carrying a pistol or
revolver without a permit, and shall seize the weapon as evidence of the crime.
([CGS § 29-35(a)]).
5. Criminal Possession of a Firearm, Ammunition, Electronic Defense Weapon, Pistol
or Revolver.
a. Arrests for criminal possession (CGS § 53a-217 and § 53a-217c).
1) Any offender that knows that he/she is the subject of a restraining order, exparte restraining order, a protective order, standing criminal protective order,
or a foreign order of protection in a case that involves the use, attempted use,
or threatened use of physical force against another person, or.
2) Has been convicted of a felony, or.
3) Has been convicted of a misdemeanor violation of section CGS § 21a-279 on or
after October 1, 2015, or a misdemeanor violation of section 53a-58, 53a-61, 53a61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed
on or after October 1, 2013, and during the preceding twenty years, or
4) Has been convicted as delinquent for the commission of a serious juvenile
offense, as defined in section CGS § 46b-120, or
5) Has been discharged from custody within the preceding twenty years after
having been found not guilty of a crime by reason of mental disease or defect
pursuant to section CGS § 53a-13, or has been confined on or after October 1,
2013, in a hospital for persons with psychiatric disabilities, as defined in
section 17a-495, within the preceding sixty months by order of a probate
court, or has been voluntarily admitted on or after October 1, 2013, to a
hospital for persons with psychiatric disabilities, as defined in section 17a495, within the preceding six months for care and treatment of a psychiatric
disability, unless the person (i) was voluntarily admitted solely for being an
alcohol-dependent person or a drug-dependent person as those terms are
defined in section 17a-680, or
6) Is subject to any other firearms prohibitions as defined in (CGS § 53a-217 and
§ 53a-217c)..
7) Is in possession of any firearm, ammunition, electronic defense weapon, pistol
or revolver.
8) Shall be arrested for Criminal Possession of a Firearm or Electronic Defense
Weapon (CGS § 53a-217) and/or Criminal Possession of a Pistol or Revolver
.(CGS § 53a-217c).
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9) The weapon(s) and/or ammunition, and/or electronic defense weapon, should
be seized as evidence of the crime.
6. Use or Threatened Use of Weapon in a Family Violence Crime
a. In responding to domestic violence incidents, officers shall investigate and arrest
in accordance with relevant (Connecticut General Statute § 46b-38b). If an officer
has probable cause to believe that a person used or threatened to use a weapon in
the commission of any domestic violence crime(s) that person should be arrested
for all appropriate crimes and the weapon should be seized as evidence of the
crime(s).
7. Seizure of Firearms at the Llocation of a Domestic Violence Crime (Safekeeping
Provision)
a. Whenever an officer makes an arrest for a domestic violence crime, the officer
may seize any firearm, ammunition, or electronic defense weapon at the location
where the crime is alleged to have been committed that is in the possession of the
offender/suspect or that is in plain view. [(CGS § 46b-38b(a) ]Amended by PA
02-120). Refer to CGS § 53a-3-Definition of Possession. Any firearm seized
under this section must be returned in its original condition within seven (7) days
to its rightful owner unless such person is ineligible to possess the firearm or
unless otherwise ordered by the court. Any questions regarding the return of
weapons seized under this section should promptly be directed to the state’s
attorney.
8. Seizure of Firearms from Person Posing Risk to Self or Others (Risk Warrant/ Risk
Order)
a. Officers may consider utilizing the risk protection warrant/order as it relates to
family violence when an individual poses a risk of imminent personal injury to
themselves or another person, has recently engaged in specific behaviors or
actions, and possesses firearms, deadly weapons, or ammunition. [CGS § 2938c(a)] as amended by PA 23-89.
1) Recent threats or acts of violence toward themselves or others, or
2) Recent acts of cruelty to animals CGS 53-247b, and additional considerations
include but not limited to:
a) Reckless use, display, or brandishing of a firearm or other deadly weapon,
or
b) History of the use, attempted use, or threatened use of physical force
against others, or
c) Prior involuntary confinement in a hospital for psychiatric disabilities, or
d) Illegal use of controlled substances or abuse of alcohol.
9. Surrender of Firearms
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a. Upon the surrender of any firearms or ammunition or if the offender indicates that
he/she is not in possession of, nor does he/she have access to, any firearms or
ammunition and there is no other evidence to suggest the contrary, have the
offender complete the Firearm and Ammunition Compliance Statement form
(DPS-332C) indicating the same. If the offender refuses to complete the Firearms
and Ammunition Compliance Statement form, document the refusal in an incident
report.
b. If he/she completes the form and now reports a lost or stolen assault weapon
and/or firearm, he/she must make a report and such report shall be forwarded to
the Commissioner of DESPP within seventy-two (72) hours. Failure to report a
lost or stolen assault weapon and/or firearm is a violation of CGS § 53-202g.
c. If the ineligible subject fails to account for any and all possessed firearms and
weapons, investigators should consider an arrest for Criminal Possession of a
Firearm (53a-217 or 53a-217c).
d. Persons convicted of a misdemeanor violation of any law of this state that has
been designated as a family violence crime pursuant to section 46b-38h for a
crime committed on or after October 1, 2023, is ineligible to possess a firearm,
electronic defense weapon and ammunition.
b.e. Persons convicted in any court of a misdemeanor crime of domestic violence are
prohibited from shipping, transporting, possessing or receiving a firearm pursuant
to 18 USC 922(g)(9), after having been convicted by a court of competent
jurisdiction.
10. Return of Surrendered or Seized Weapons
a. A person who has surrendered a firearm to the Commissioner of DESPP pursuant
to Connecticut General Statutes Section § 29-36K, may request in writing within
one year after such surrender that the weapon(s) be transferred to a Federal
Firearms Licensee (FFL). Within ten days of receipt of written notice of the
transfer by both the owner and the designated receiver, the Commissioner of
DESPP must deliver the weapon(s) to the receiver. (CGS § 29-36K(b))
b. Prior to the return of any seized or surrendered weapon, the agency must
investigate to ensure that the person is eligible to possess the weapon(s), including
the following:.
1) That the person is no longer the subject of an ex - parte restraining order,
restraining order, protective order, or standing criminal protective order.
2) That the person would not otherwise be in violation of CGS § 53a-217(c).
3) That the person has not been convicted of a misdemeanor or felony domestic
violence crime.
M. Verification of a Court Order
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1. When an officer is advised that an Ex -Parte Restraining Order, (EPRO) Restraining
Orders (RO) and/or Protective Order (PO) and Standing Criminal Protective Orders
(SCPO) against the suspect is in effect, the officer must attempt to verify that the
order exists by any of the following methods:.
a. Ask the complainant to produce a certified copy of the order. The court provides
certified copies at time of issuance.
b. Access the COLLECT/NCIC system to verify whether an EPRO, RO, PO or a
SCPO has been issued against a person.
c. Ensure that both parties' names are on the order, and that the order has not yet
expired.
d. If an officer is unable to determine whether or not an order is still in effect,
contact the Clerk of the Criminal Court to inquire about the status of a RO, PO, or
a SCPO and for an EPRO contact the Clerk of the Civil Court.
e. Contact the police agency with jurisdiction where the victim resides/works.
d.f. Contact the police agency with jurisdiction where the offender resides.
e.g. Determine what the exact terms of the order are for a particular individual at a
particular location.
h. In situations where there are multiple orders, officers should document the
existence of and issuance date of all orders in the report and arrest for any and all
valid violations of such orders.
i. Any law enforcement officer may enforce any Order of Protection (OOP) where
they have a good faith basis to believe it is valid.
2. A violation of the following OOP is a felony to include:
a. Protective Order (CGS §53a-223).
b. Standing Criminal Protective Order (CGS §53a-223a).
c. Restraining Order (includes ex -parte order) (CGS §53a-223b)
d. Foreign Order of Protection (CGS §53a-223b).
e. Civil Protective Order (CGS §53a-223c).
f. Conditions of Release 1st (CGS §53a-222)
f.3. A Violation of Conditions of Release 2nd (CGS §53a-222a) is a misdemeanor unless
imposing restraint, threatening, harassing, assaulting, molesting, sexually assaulting,
or attacking a person in violation of the conditions of release is a class D felony.
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N. Domestic Violence Alert Notification/GPS Program
1. The State of Connecticut Judicial Branch has a GPS monitoring program (Alert
Notification/GPS) in Bridgeport, Danielson, Hartford, Derby and Milford courts.
CGS 46b-38c as amended by PA 23-106 expands the alert notification program
statewide. Over the fiscal year of 2024, the alert notification program will expand to
the Waterbury, New Haven, Torrington, and Danbury courts. Additional courts will
be identified in the 2025 and 2026 fiscal years. This alert notification system is
different from the parole and probation electronic monitoring of offenders in the
community.
a. Offenders whothat have a history of violating court orders and/or who pose a risk
of harm to a protected person(s) can be ordered by a judge to wear a GPS
equipped ankle bracelet.
b. Specific locations are identified as restricted areas (i.e. the protected person’s
home, workplace, school, etc.) and the offender is instructed to avoid a 2500-foot
area surrounding those areas. A protected person may also elect to fully
participate, and a 2500-foot restricted area will be around that individual creating
a mobile zone.
2. An alert is triggered if:
a. The offender breaches one of the restricted areas;
b. The ankle bracelet is tampered with;
c. The battery is not charged; or
d. A GPS signal cannot be located.
3. If an alert is triggered, the GPS monitoring company will:
a. Notify the protected person(s) and advise them to activate a pre-established safety
plan.
b. Notify the Department, if applicable, and will:
1) Provide the location and direction of travel of the offender and/or other
pertinent information.
2) Provide information that will assist responding officers in locating the
protected person.
3) Stay on the line with telecommunication personnel if the offender continues to
advance towards a protected person(s) and provide a call back number for
follow-up.
4. Officers who are dispatched to a Domestic Violence Alert Notification/GPS shall:
a. Locate and ensure the safety of the protected person(s).
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b. Attempt to locate the offender with due caution.
c. Determine the reason(s) for the notification.
d. If probable cause is established that the terms of an existing order of protection
have been violated, arrest the offender on speedy information if located or apply
for an arrest warrant if the offender cannot be located.
e. Document all information in an incident report.
O. Escorting Offenders to Retrieve Belongings
1. When a court issues an EPRO, RO or PO, the offender may be told that he/she can
return to the home in the presence of a police officer to gather personal belongings.
a. Some court orders may only allow a one-time escort.
b. All escorts will be documented in the CAD or an incident report supplement.
c. Escorts shall only be provided one -time.
d. In certain rare situations, the protected party may allow for an escort more than
one (1) time. At the sole discretion of the Department, a subsequent escort may
be allowed provided it is not in violation of a court order.
2. Initiation of the retrieval is at the discretion of the Department at a time period that is
reasonable and practical.
3. The officer is responsible for the following:.
a. Verifying the order and its conditions.
b. Confirming if the order only allows for a one-time retrieval escort that it has not
already bebeen done by another officer.
c. Contacting the protected party to arrange a time for retrieval.
d. If the officer is unable to make contact with the protected party or if children are
present, then the retrieval should be scheduled for a later date/time.
e. Escorting the offender for the purpose of preventing further disturbance, violence
or damage to the belongings of the victim.
f. For the safety of both the officer and the protected party, the officer shall ensure
that the offender is not armed with any weapons and/or dangerous instruments
while the retrieval is occurring.
g. The officer is to accompany the offender throughout the entire retrieval process.
If the protected party wishes to do so, they should be allowed to accompany the
officer and offender during the retrieval.
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h. The retrieval should last no longer than 10-20 minutes, unless the protected party
allows for a longer period of time. The offender is being escorted only to retrieve
essential items such as clothes, toiletries, medication, or essential work items.
1) Essential work items include tools, files, and work computers; specifically, if
the offender works from home, is employed in the trades, is self-employed, or
is required to use these items daily for their employment.
2) Other non-essential or valuable items used by the protected party and/or
children such as groceries, electronics, jewelry, furniture, etc. are not to be
removed from the dwelling.
i. The protected party must be given prior notice of the retrieval by the Department.
j. The offender must not use the retrieval process as a means to harass the protected
party.
k. If it is not practical or safe for the protected party to accompany the officer and
offender during the retrieval process, then the officer shall review with the victim
before the officer or the offender leave the premises what essential items the
offender is removing from the residence.
P. Federal Domestic Violence Laws
1. The Federal Violence Against Women Act (VAWA) makes certain actions in
domestic violence situations a violation of fFederal law.
2. If an officer believes that a person may have violated a provision of the Act, he/ or
she should indicate that fact in his/her incident report and notify his/her supervisor.
3. The supervisor will forward copies of the case report and all supplemental reports to
the Head of the Detective Division. If the Head concurs with the recommendation,
he/she shall contact the United States Attorney's Office for review by an Assistant
United States Attorney who will determine whether the situation warrants prosecution
for federal charges.
Office of the United States Attorney
157 Church Street
New Haven, CT 06508
(203)-821-3700
4. All officers shall be trained to recognize the possibility of a Federal VAWA violation
and to make referrals for these violations.
5. Summary of Applicable VAWA Sections
a. Full Faith and Credit: Title 18 USC § 2265 and § 2266
1) Requires states and Indian tribes to enforce orders of protection issued by
foreign states and Indian tribes as if the orders had been issued by the nonissuing, enforcing state or Indian tribe.
415.910 – Domestic Violence
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2) A valid order of protection is defined as an order of protection that was issued
by a court with jurisdiction over the parties and matter under the laws of such
state or Indian tribe and in circumstances where the defendant was given
reasonable notice and the opportunity to be heard sufficient to protect the
defendant's due process rights.
3) The provision applies to any injunction or other order issued for the purpose
of preventing violent or threatening acts or harassment against, sexual
violence or contact or communication with or physical proximity to, another
person, including temporary and final protection orders issued by civil and
criminal courts (other than support or child custody orders). In other words, it
extends to temporary and final, civil and criminal orders of protection.
4) The provision states that officers should enforce out-of-state orders of
protection that are presented to them if the order appears valid on its face, i.e.,
it contains both parties' names and has not yet expired. The provision further
states that even if the out-of-state order is uncertified, it should be enforced if
it meets the requirements of facial validity.
b. Disposal, Receipt or Possession of a Firearm: Title 18 USC § 922(d) and (g)
1) Section 922(d)(8) prohibits the knowing transfer of a firearm to a person who
is subject to a court order that restrains the person from harassing, stalking, or
threatening an intimate partner or child.
2) Section 922(g)(8) prohibits the possession of a firearm by persons subject to a
court order that restrains the person from harassing, stalking, or threatening an
intimate partner of such person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child.
3) Section 922(g)(9) prohibits the possession of a firearm or ammunition by any
person who has been convicted in any court of a domestic violence crime (a
domestic violence crime that has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon), including a
misdemeanor domestic violence crime.
c. Interstate Domestic Violence: Title 18 USC § 226(a)(1)
1) Prohibits the travel across state lines or the leaving or entering of Indian
territory with the intent (at the time of the crossing) to kill, injure, harass, or
intimidate a spouse, intimate partner, or dating partner. This provision is
violated when a person, after the crossing, commits or attempts to commit a
crime of violence against that spouse, intimate partner, or dating partner.
d. Causing the Crossing of State Line by Force, Coercion, Duress, or Fraud: Title 18
USC § 2261(a)(2)
1) Violation of this provision occurs when the defendant by force, coercion,
duress or fraud, causes a spouse, intimate partner, or dating partner to cross
state lines or leave or enter Indian territory and in the course of or as a result
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of such travel commits or attempts to commit a crime of violence against that
spouse, intimate partner, or dating partner.
e.
Interstate Stalking: Title 18 USC § 2261A
1) Prohibits travel across a state line or within the special maritime and territorial
jurisdiction of the United States with the intent to injure, harass, intimidate or
place under surveillance another person, when in the course of, or as a result
of, such travel, the person is placed in reasonable fear of the death of, or
serious bodily injury to, that person or a member of that person's immediate
family, or a spouse, intimate partner of that person, or the pet, service animal,
emotional support animal, or horse of that person.
f. Interstate Violation of a Protective Order: Title 18 USC § 2262
1) This provision is violated when a person travels across state lines or leaves or
enters Indian Territory with the intent to engage in conduct that violates the
portion of a protection order that prohibits or provides protection against
violence, threats, or harassment against, contact, or communication with, or
physical proximity to, another person or the pet, service animal, emotional
support animal, or horse of that person, or that would violate such a portion of
a protection order in the jurisdiction in which the order was issued and
subsequently engages in such conduct.
2) This provision is violated when a person who causes another person to travel
in interstate or foreign commerce or to enter or leave Indian Territory by
force, coercion, duress, or fraud, and in the course of, as a result of, or to
facilitate such conduct or travel engages in conduct that violates the portion of
a protection order that prohibits or provides protection against violence,
threats, or harassment against, contact or communication with, or physical
proximity to, another person or the pet, service animal, emotional support
animal, or horse of that person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was issued.
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Appendix A
COMPARISON OF ORDERS OF PROTECTION 1
Current to 2024
No individual who is listed as a protected person on any order may be liable for: (1) soliciting, requesting,
commanding, importuning, or intentionally aiding in the violation of the order; or (2) conspiracy to violate
such order.
Protective Orders and Restraining Orders
Type of Order
How the Order is Made
Protective Order
(PO)
(C.G.S. §46b-38c)
(C.G.S. § 54-1k)
Issued by a judge in a
criminal case, usually
at the time of
arraignment.
There is no cost to the
victim.
Victim may not want a
PO or even know the
PO has been issued.
Offender, not the
victim, is responsible
for upholding order.
Is a condition of the
offender’s release.
How Long the Order
Lasts
Duration of the
criminal court case.
Until criminal case
ends
Judge may modify or
terminate at any time,
without victim
knowing.
May continue during
probation [CGS §53a28(f)]
Check with Protection
Order Registry
Provisions that May Be
Included
Offender not to threaten,
harass, assault, molest,
sexually assault or attack
the protected person
(partial/limited order).
Offender must stay away
from the protected person’s
home (full/ residential stayaway order).
Offender to have NO
CONTACT with victim.
Offender to remain 100
yards away from victim.
Order may extend to
victim’s minor children, but
will usually not include
custody orders. May include
animals.
Any other orders the court
deems necessary to protect
Violations
Criminal Violation of a
Protective Order [C.G.S.
§53a-223] (D Felony)
Unless violation
includes imposing
restraint on a person or
their liberty, threatening,
harassing, assault, sex
assault, molestation, or
attack of a victim (C
Felony).
Arrest for all other
crimes for which there is
probable cause (e.g.,
criminal trespass,
harassment, threatening,
burglary, assault,
intimidating a witness,
etc.).
Criminal Trespass 1st
1
The orders outlined in this chart are not mutually exclusive. A family violence victim could have more than one valid order from the same category or more than one valid order from multiple
categories in effect at the same time (i.e. two protective orders, a protective order and a restraining order, etc.). Law enforcement must enforce the strictest provisions of any and all valid orders.
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the safety of the victim and
dependent children.
Restraining Order
(RO)
(C.G.S. §46b-15)
Includes Ex -Parte
order
Victim files an
“Application for Relief
from Abuse” in the
Family Division of
Superior Court (civil
court).
Ex -parte order may be
granted by judge.
Hearing on order
scheduled within 14
days.
Victim must ensure
that offender is
“served” with notice of
hearing.
Offender, not the
victim, is responsible
for upholding order.
There is no cost to the
victim (for filing or
service).
Ex- parte order lasts
until day of hearing,
which is within 14
days of date of
issuance.
7 day hearing if
firearms, permit,
eligibility certificate
disclosure.
Marshal/PD service in
hand when possible.
At hearing, judge can
extend the order for 1
year with possible
extension beyond 1
year.
If victim wants to
extend order beyond
initial 1 year term,
must file a motion at
least 12 days prior to
expiration.
Order will not end
prior to the expiration
date without the
victim being notified.
Check with Protection
Order Registry.
[CGS §53a-107] if in
violation of PO.
Same provisions as in
Criminal Violation of a
Protective Orders (above).
Restraining Order
May include custody orders.
(C.G.S. §53a-223b) (D
May include financial
Felony)
conditions for spouse
Unless violation
(ex)/dependent children,
includes, imposing
living together (i.e. utilities,
restraint on a person or
insurance, mortgage, rent,
their liberty, threatening,
support).
harassing, assault, sex
No disposal of property,
assault, molestation or
documents, keys, ID.
attack of victim (C
Must surrender weapons
Felony).
immediately, but not later
Arrest for all other
than 24 hours after notice.
crimes for which there is
Must surrender
probable cause (e.g.,
permit/eligibility certificate
criminal trespass,
within 5 days of notice.
harassment, threatening,
burglary, assault,
intimidating a witness,
etc.).
Criminal Trespass 1st
[CGS §53a-107] if in
violation of RO.
Victim also can file a
Motion for Contempt in
court where order was
issued.
Violation of financial
conditions is NOT a
criminal violation;
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explain option to file
Motion for Contempt
Issued by a criminal
court judge at the time
Standing Criminal
of sentencing.
Can only be issued if
Protective Order
(SCPO)
offender is convicted
of:
(C.G.S. §53a-40e)
Violation of
AKA: Standing
enumerated
offenses; or
Criminal Restraining
Any crime the
Order (pre-Oct. 1,
2010)
court determines to
be family violence;
Permanent Protective/
or,
Any other crime
Restraining Order
for good cause
shown.
No cost to victim.
Victim may not want a
SCPO or even know
the SCPO has been
issued.
Foreign Orders of
Protection
Orders issued prior to
Oct. 2010 could last
indefinitely.
Orders issued post
Oct. 2010 shall
remain in effect for
any duration specified
by the court at the
time of sentencing.
Orders can be
modified and/or
terminated without
notice to or consent of
the victim.
Offender not to threaten,
harass, assault, molest,
sexually assault or attack
the protected person
(partial/limited order).
Offender must stay away
from the protected person’s
home (full/residential stayaway order).
Offender to have NO
CONTACT with victim.
Offender to remain 100
yards away from victim.
Order may extend to
victim’s minor children, but
will usually not include
custody orders.
Any other orders the court
deems necessary to protect
the safety of the victim and
dependent children.
Criminal Violation of a
Standing Criminal
Protective Order (C.G.S.
§53a-223a) (D Felony)
Unless the violation
includes imposing
restraint on a person or
their liberty, threatening,
harassing, assault, sex
assault, molestation, or
attack of victim (C
Felony).
Arrest for all other
crimes for which there is
probable cause (e.g.,
criminal trespass,
harassment, threatening,
burglary, assault,
intimidating a witness,
etc.).
Criminal Trespass 1st
[CGS §53a-107] if in
violation of SCPO.
Entitled to enforcement in Connecticut where:
Issued by courts of: (1) another state; (2) District of Columbia; (3) U.S.
commonwealth, territory or possession; or (4) Indian tribe;
Presume an order is valid if the content and form appear to be authentic (Full Faith &
Credit). The order does NOT have to be a certified copy.
Criminal Violation of a
Foreign Order of
Protection (C.G.S. §53a223b) (D Felony)
Unless the violation
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(C.G.S. §46b-15a)
May be criminal or civil. Conditions vary by issuing entity.
Must surrender weapons immediately but not later than 24 hours after notice.
Must surrender permit/eligibility certificate within 5 days of notice.
A person may register a foreign order of protection in Connecticut, but is NOT
required to do so, and law enforcement cannot refuse to enforce an order because the
order does not appear in COLLECT, NCIC or the Protection Order Registry.
Conditions of
Release (COR)
(C.G.S. §§ 53a-222,
53a-222a,
54-63c, 54-63d)
A person charged with COR imposed by bail Law Enforcement:
a family violence
commissioner or law
Comply with specified
crime can be released
enforcement
restrictions on travel,
with non-financial
remain(s) in effect
association, or place of
2
conditions of release
until offender is
abode;
presented to a judge at Not engage in specified
by:
arraignment.
Law enforcement;
activities, including
Bail commissioner; COR imposed by a
use/possession of dangerous
or
instruments or possessing
judge remain(s) in
A judge.
effect for the duration
any deadly weapons,
intoxicant, or controlled
of the case or until
includes imposing
restraint on a person or
their liberty, threatening,
harassing, assault, sex
assault, molestation, or
attack of victim (C
Felony).
Arrest for all other
crimes for which there is
probable cause (e.g.,
criminal trespass,
harassment, threatening,
burglary, assault,
intimidating a witness,
etc.).
Criminal Trespass 1st
[CGS §53a-107] if in
violation of FOP.
May be federal violation
– contact US Attorney
If released on a felony
charge: violation of
conditions of release in
the first degree (C.G.S.
§53a-222). (D Felony)
Unless violation
includes imposing
restraint on a person or
their liberty, threatening,
harassing, assault, sex
assault, molestation or
2 No person shall be released upon the execution of written promise to appear or the execution of a bond without surety if the person is charged with the commission of a family violence crime and in
the commission of such crime used or threatened the use of a firearm (C.G.S. § 54-63d).
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To verify:
Check File 20;
Contact clerk of
court in JD/GA
where order issued;
Contact bail
commissioner who
released offender;
Contact police
department who
released offender.
further order of the
court.
substance;
Avoid all contact with
alleged victim.
Bail Commissioner
Any of the above; plus
Remain under supervision
of designated person or
organization;
Any other condition
reasonably necessary to
ensure appearance of the
person in court.
Judge:
Any of the above; plus
Any non-financial condition
the judge deems
appropriate;
Compliance with Protective
Order.
attack of victim (C
Felony).
If released on a
misdemeanor charge:
violation of conditions
of release in the second
degree (C.G.S. §53a222a). (A misdemeanor)
Unless violation
includes imposing
restraint on a person or
their liberty, threatening,
harassing, assault, sex
assault, molestation or
attack of victim (C
Felony).
If, in the course of
violating a COR, a
person commits any
other crime (i.e.
threatening, intimidating
a witness, assault, etc.),
that person should be
arrested for any other
appropriate crime(s).
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Civil Protection
Order (CPO)
(CGS §46b-16a)
Not for DV Cases
Issued by civil judge.
Victims of stalking,
sex assault, sexual
abuse.
Service by marshal.
Hearing within 14
days.
Lasts up to one year.
Victim requests order.
Cannot have a PO for
same incident before
CPO.
If victim wants to
extend beyond one
year, must file a
motion at least 3
weeks prior to
expiration.
Other Orders
Type of Order
Family Court
Orders
How Long the Order
Lasts
Where custody/divorce Family Court orders,
actions are pending,
unless they contain an
the Family Court may
expiration date, are
issue orders that, while
valid until further
not a restraining order
order of the court.
or protection order,
will often mirror
traditional provisions
of those orders of
protection, such as:
kick out orders and/or
stay away orders,
orders around
exclusive possession
of the home.
While these orders are
How the Order is Made
Offender not to impose
restraint on the person or
their liberty, threaten,
harass, assault, molest,
sexually assault or attack
the protected person.
Criminal Violation of a
Civil Protective Order
(CGS §53a-223c) (D
Felony)
Offender cannot enter
dwelling of protected
person.
Provisions that May Be
Violations
Included
The victim should have a
Officers can, in some
copy of the relevant order.
cases, make an arrest for
Such orders may include,
the “behavior” targeted
but are not limited to:
by the Order, such as an
Exclusive possession of
arrest for trespass,
an identified premises;
harassment, custodial
Limitations on when and
interference, etc.
how one party may
contact the other;
Stay away orders – from
a particular party or
location.
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not technically Orders
of Protection, they are
valid orders of the
court and govern the
conduct of the relevant
parties.
Risk Protection
Order (RPO)
A family, household
member, or medical
professional can apply
through court for a
Risk Protection Order
investigation.
When a judge
approves a Risk
Protection Order
Affidavit based on
probable cause that the
subject poses
imminent risk to
themselves or others.
If approved at the
initial hearing, the
Risk Protection Order
remains in place for a
minimum of 180
days, after which time
the respondent may
petition the court to
terminate the order
and warrant. Absent a
petition, the RPO’s
duration remains
indefinite.
Any person whose
If subject obtains and/or
firearm(s) and ammunition
possesses a firearm or
have been ordered seized
electronic defense
may transfer such firearm(s)
weapon: violation of
and ammunition to any
Criminal Possession of
person eligible to possess
Firearm or Electronic
such firearm(s) and
Defense Weapon (CGS §
ammunition, pursuant to §
53a-217) (Class C
29-33.
Felony).
The RPO will prohibit the
person under investigation
from possessing or
obtaining firearms, deadly
weapons, and ammunitions.
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East Haven
Police
Department
Type of Directive:
Policies & Procedures
Subject/Title:
Domestic Violence
Involving
Department
Personnel
No. 416.76
Issue Date:
January 279, 202619
Effective Date:
February 132, 202619
Issuing Authority:
Review Date:
Honorable Board of
Police Commissioners
Annually
References/Attachments:
Policies and Procedures #: 415, 441
18 U.S.C. 922(g) – Firearms Possession Prohibition
Rescinds:
416.65
Amends:
N/A
I. PURPOSE
A. The purpose of this directive is to set forth the policies and procedures of the East Haven
Police Department regarding domestic violence incidents involving Department personnel
as defendants.
II. POLICY
A. It is the policy of the East Haven Police Department (EHPD) that responses to domestic
violence complaints involving sworn and non-sworn personnel will be no different from
how we treat any other domestic violence situation, except that immediate notification must
be made to Department supervisors of the situation.
B. The Department encourages personnel to seek appropriate counseling in such matters.
III. DEFINITIONS
A. Advocacy: Refers to collaboratively working with, and in support of, a survivor that keeps
with a survivor-centered, empowerment-based, and self-determined approach. Both in
person or phone advocacy and support are provided by the program’s qualified staff and
volunteers to family violence clients.
B. Child and Family Advocate: A person who is employed by and under the control of a direct
service supervisor of a domestic violence agency whose primary role is to provide services,
support and advocacy services to sheltered and non-sheltered child, adolescent and teen
victims of family violence and their families.
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C. Dominant Aggressor: The person who poses the most serious ongoing threat in a situation
involving the suspected commission of a family violence crime.
D. Family or household member: Any of the following persons regardless of the age of such
person:.
1. Spouses or former spouses.
2. Parents or their children.
3. Persons related by blood or marriage.
4. Persons presently residing together or who have resided together, i.e. roommates.
However, this does not apply to persons who are attending an institution of higher
education and presently residing together in on-campus housing, provided such persons
are not in a dating relationship, (Connecticut General Statute §46b-38a(j) as amended
by PA 18-5).
5. Persons who have a child in common regardless of whether they have been married or
have lived together at any time.
6. Persons in, or have recently been, in a dating relationship – Connecticut General Statute
(CGS) § 46b-38a(2).
E. Domestic Violence: An incident resulting in physical harm, bodily injury or assault, or an
act of threatened violence that constitutes fear of imminent physical injury, bodily injury or
assault, including, but not limited to stalking or a pattern of threatening, between family or
household members. The term “domestic violence” and “family violence” are synonymous
and shall be deemed to mean the same thing when the terms are referenced in any of the
Department’s policies and procedures and/or Connecticut General Statutes.
1. Verbal abuse or argument does not constitute domestic violence unless there is present
danger and the likelihood that physical violence will occur in accordance with CGS §
46b-38a(1).
2. A domestic violence crime refers to a crime as defined in CGS § 53a-24, other than a
delinquent act as defined in CGS § 46b-120, which, in addition to its other elements,
contains an element thereof an act of domestic violence to a family or household
member. A domestic violence crime does not include acts by parents or guardians
disciplining minor children unless such acts constitute abuse in accordance with CGS §
46b-38a(3).
F. Family Violence Victim Advocate (- FVVA): A person who is employed by and under the
control of a direct service supervisor of a domestic violence agency; who has undergone a
minimum of twenty (20) hours of training which shall include, but not be limited to, the
dynamics of domestic violence, crisis intervention, communication skills, working with
diverse populations, an overview of the state criminal justice and civil family court systems
and information about state and community resources for victims of domestic violence;
who is certified as a counselor by the domestic violence agency that provided
416.76 – Domestic Violence Involving Department Personnel
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such training; and whose primary purpose is the rendering of advice, counsel and
assistance to, and the advocacy of the cause of, victims of domestic violence.
G. Possess: To have physical possession or otherwise to exercise dominion or control over
tangible property (CGS § 53a-3(2)).
H. Safety Plan: A plan developed between an advocate/counselor or a police officer and a
victim that contains specific activities for a victim to be safe from an offender. Safety
planning is an essential step to be completed with all survivors of domestic violence. It
allows individualized planning for situations the survivor and children or family may
encounter regardless of what the survivor decides to do about the relationship with the
abuser. Appropriate Safety Planning is also important for child survivors/witnesses of
domestic violence.
1. A Short-Term Safety Plan is an immediate plan developed at the time of the report. A
responding police officer should remain on scene and assist the victim with this plan.
Some of these steps could include but are not limited to the following.:
a. Ensuring that the victim and any children have the ability to call 9-1-1.
b. Ensuring that the victim can get to a safe location.
c. Calling a friend, family member or advocate for support.
d. Going to a safe place for the night.
e.
Creating a plan as to what to do next.
2. A Long-Term Safety Plan is a plan developed with an advocate which allows
individualized planning for situations the survivor and children or family may
encounter regardless of what the survivor decides to do about the relationship with
the abuser.
I. Self-Defense: The State of Connecticut recognizes the use of physical force upon another
person which would otherwise constitute a criminal offense is justifiable and therefore
not criminal in certain circumstances. CGS § 53a-19 is applicable in the context of
domestic violence crime and addresses such circumstances.
1. This statute provides in part that a person is justified in using reasonable physical
force upon another person to defend himself or a third person from what he/she
reasonably believes to be the imminent use of physical force, and he/she may use
such degree of force which he/she reasonably believes to be necessary for such
purpose.
2. There are, of course, exceptions to the use of such physical force in defense of a
person. For example, “a person is not justified in using physical force when he or she
knows that he or she can avoid the necessity of using such force with complete safety
(1) by retreating, except that the actor shall not be required to retreat if he or she is in
his or her dwelling . . .”
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a. Essentially, the statute requires that, before a person uses physical force in selfdefense or to defend a third person, he or she must have two "reasonable beliefs."
1) The first is a reasonable belief that physical force is being used or about to be
used upon themselves or another.
2) The second is a reasonable belief that the degree of force they are using to
defend themselves is necessary for that purpose.
J. Trauma Informed Care: Pursuant to CGS § 46b-38b(d), police officers and domestic
violence intervention unit counselors must inform domestic violence victims of services
available, including providing the victims with contact information for a regional family
violence organization that employs, or provides referrals to, counselors who are trained to
provide trauma-informed care. Existing law describes this as services directed by a
thorough understanding of the neurological, biological, psychological, and social effects
of trauma and violence on a person. The Act adds that the services be delivered by a
regional family violence organization that employs or provides referrals to counselors
who:
1. Make available to domestic violence victims resources on trauma exposure and its
impact on treatment.
2. Engage in efforts to strengthen the resilience and protective factors of victims of
family violence who are affected by and vulnerable to trauma.
3. Emphasize continuity of care and collaboration among organizations that provide
services to children.
4. Maintain professional relationships for referrals and consultations with programs and
people with expertise in trauma-informed care.
K. OrdersRDERS ofOF ProtectionROTECTION (OOP)
1. Conditions of Release Order – A conditions of release order is an order issued for family
violence and should be set by Law Enforcement or Bail Commissioner upon release from
custody, and remains in effect until the arrested person has been presented before the
Superior Court [CGS § 54-63c(b)]. For Law Enforcement specifically, in addition to
completing the JD-CR-146, the on-duty supervisor shall ensure that the conditions and
restrictions are entered into COLLECT and NCIC as a File 20 with restrictions.
2. Ex -Parte Restraining Order – An ex -parte restraining order is an order issued by
the family court when someone has completed the restraining order application.
The judge has reviewed the application and affidavit, and issues a temporary ex
parte restraining order. A hearing date is scheduled and the respondent must be
notified. Generally speaking, this order is good for fourteen (14) days or until the
date of the hearing (hearings can be scheduled before the fourteen (14) day time
limit).
3. Restraining Order - A restraining order is issued by a judge of the civil court against
a person who is a family or household member, usually after a hearing, but the court
may issue the order immediately upon application by the victim as en “ex parte” order
to remain in effect until the hearing. In the restraining order, the judge can order the
416.76 – Domestic Violence Involving Department Personnel
February 132, 202619
Page 4 of 8
abuser not to hurt or harass the victim. The judge may also order the abuser to move
out of the home and order the victim to have temporary custody of the children.
4. Protective Order - A protective order is issued by a criminal court judge and is
directed against a defendant who has been arrested for a family violence crime or
whenever a protective order is an appropriate remedy in a criminal case.
a. In a family violence case, the family violence intervention unit makes a
recommendation to the prosecutor who then asks the judge to issue the order.
b. The defendant or the attorney representing the defendant can argue against the
order being issued. The victim or a family violence victim advocate may also
address the court regarding whether the order should be issued.
c. The judge will make the final decision after hearing from the parties involved. If
the order is issued, the order will be made a condition of the defendant's release.
d. Pursuant to CGS § 53a-223, no person who is listed as a protected person in any
order of protection may be liable for:
1) Soliciting, requesting, commanding, importuning or intentionally aiding in the
violation of the order or
2) Conspiracy to violate such order
5. Standing Criminal Protective Order – A standing criminal protective order is an order
of protection issued by a criminal court judge at the time of an offender’s sentencing.
These orders can remain in effect for a significant duration of time – previously
known as a Standing Criminal Restraining Order prior to October 1, 2010 with no
expiration date.
a. This order type is generally issued when it is a more severe criminal case.
b. A person is guilty of criminal violation of a standing criminal protective order
when an order issued pursuant to subsection (a) of section 53a-40e has been
issued against such person, and such person violates such order.
6. Foreign Order of Protection – A foreign order of protection means any protection
order, as defined in 18 USC § 2266, a restraining or protective order issued by a court
of another state, the District of Columbia, a commonwealth, territory or possession of
the United States or an Indian tribe.
7. Civil Protection Order – A civil protection order means any protection issued by a
civil court to protect an applicant who has been the victim of stalking, sexual assault
and/or sexual abuse that is not related to family or domestic violence.
IV. PROCEDURES
A. Officers shall respond to and investigate domestic violence complaints involving a member
of the Department in accordance with Policies and Procedures # 415 – Domestic Violence.
416.76 – Domestic Violence Involving Department Personnel
February 132, 202619
Page 5 of 8
B. If an officer from another police agency is involved in a domestic violence incident that
occurred within the Town of East Haven and probable cause exists for the officer’s arrest,
the officer shall be arrested. This investigation shall be done by an on-duty supervisor.
1. The shift commander shall notify the officer’s agency as soon as possible, but no later
than by the end of the supervisor’s shift.
C. If any member of the Department is involved in a domestic violence incident that occurred
within the Town of East Haven and probable cause exists for the member’s arrest, the
arrest shall be made.
1. The shift commander shall notify the following personnel:.
a. The Chief of Police.
a.1)
In the event that the suspected domestic violence offender is the Chief of
Police or other administrative head of the Department, notification shall be made
to the Mayor and/or his/her designee.
b. The Deputy Chief of Police.
c. The Officer’s Division Head.
d. The Internal Affairs Officer.
2. The shift commander or patrol supervisor shall respond to the scene of any domestic
violence incident involving any member of the Department that occurs within the Town
of East Haven.
a. The domestic violence incident will be investigated by a supervisor, preferably at
least one (1) rank higher than the officer involved in the incident.
b. In the event that the suspected domestic violence offender is the Chief of Police
or other administrative head of the Department, the matter will be referred to the
State’s Attorney for investigation.
a.1) The investigating officer shall ensure that the Department complies
with the policy provisions section V. Recommended Response Procedures:
Responding Officer and CGS §46b-38b(d).
3. An internal affairs investigation will be conducted.
4. If a court order (i.e., Protective or r Civil Restraining Order (includes ex parte order) or
a foreign order of protection) is issued against the member of the Department, the
following will be done accordingly:
a. If applicable, the employee shall surrender all Department-issued firearms and
ammunition to the Chief of Police or his/her designee.
1) In the event that the suspected domestic violence offender is the Chief
of Police or other administrative head of the Department, firearms shall
be surrendered to the Mayor and/or his/her designee.
a.2) In the event that the suspected domestic violence offender is the
Chief of Police or other administrative head of the Department, and that
individual is simultaneously serving as the town’s chief executive
416.76 – Domestic Violence Involving Department Personnel
February 132, 202619
Page 6 of 8
officer (mayor) these firearms shall be surrendered to the Mayor and/or
his/her designee. Appropriate assistance with the safe handling of such
firearms may be obtained, if needed, from appropriate police personnel.
b. The employee shall be prohibited from carrying a firearm while the Court Order is
in effect.
5. Further, in accordance with the Connecticut General Statutes, the affected personnel
will do the following:.
a. Notify the Chief of Police or his/her designee of such arrest and/or conviction,
consistent with Department requirements for the reporting of any conviction.
b. Surrender all other firearm(s) and/or ammunition, and/or electronic defense
weapon(s) to the Public Safety Commissioner (DESPP) or any local police
department; , or transfer via sale all firearms and ammunition to a federally licensed
firearms dealer, as required by CGS § 29-36k, and provide the Chief of Police or
his/her designee with the proof of this requirement.
b.1) In the event that the suspected domestic violence offender is the Chief of
Police or other administrative head of the Department, proof of satisfaction of
this requirement shall be provided to the town’s Mayor and/or his/her
designee.
c. If the member of the Department possesses a state pistol permit or a temporary state
permit to carry a pistol or revolver, a pistol or revolver eligibility certificate, a long gun
eligibility certificate, or an ammunition certificatepermit, he/she will surrender the
permit/certificate(s) to the State of Connecticut Department of
416.76 – Domestic Violence Involving Department Personnel
February 132, 202619
Page 7 of 8
6. Emergency Services and Public Protection, Division of State Police. , within the guidelines of
the court order. (CGS § 29-32, CGS § 29-36ki, CGS § 29-37s, and CGS § 29-38p)).
d.7.If the member of the Department possesses an issued pistol permit from his/her
agency, he/she will surrender the permit to the Chief of Police within the guidelines of
the court order.
6.8.
The Chief of Police or his/her designee may do the following:
a. Suspend the employee.
b. Assign the employee to administrative duty.
b.1) In the event that the suspected domestic violence offender is the Chief of Police or
other administrative head of the Department, such action may be taken by the Mayor
and/or his/her designee.
c. Initiate an administrative investigation.
d. Pursuant to CGS § 46b-38b(d) ensure that the investigating agency:
1) Assist the victim with obtaining medical treatment if such treatment is required.
2) Notify the victim of the right to file an affidavit for a warrant for arrest.
3) Inform the victim of services available and referring the victim to the Office of
Victim Services or trauma informed care community provider in the region.
4) Provide assistance in accordance with the uniform protocols for treating victims
established in Policies and Procedures # 415 – Domestic Violence.
5) Remain at the scene for a reasonable time until, in the judgment of the officer,
the likelihood of further imminent violence has been eliminated.
6) The investigator shall help the victim to develop a short-term safety plan.
7.9.Any personnel of the Department convicted of a crime of domestic violence will be
subject to discipline in accordance with the Department’s policies and procedures. Such
discipline may include termination.
8.10.
Under 18 U.S.C. 922(g), a person convicted of a misdemeanor crime of
domestic violence is prohibited from possessing a firearm or ammunition. Consistent
with Federal law, Department personnel convicted of a crime involving family or
domestic violence will be terminated or allowed to resign.
416.76 – Domestic Violence Involving Department Personnel
February 132, 202619
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East Haven Type of Directive:
No. 502.87
Policies & Procedures
Police
Subject/Title:
Issue Date:
Department
January 27April 10, 20265
I.
II.
III.
Securing and
Handling Arrestees
in the Station
Effective Date:
Issuing Authority:
Review Date:
Honorable Board of
Police Commissioners
Annually
February 13May 1, 20265
References/Attachments:
Rescinds:
502.76
Policies and Procedures #: 501, 505
Amends:
N/A
PURPOSE
A. The purpose of this directive is to set forth the policies and procedures of the East Haven
Police Department (EHPD) regarding the securing of arrestees in the East Haven Police
Department detention area.
POLICY
A. It is the policy of the East Haven Police Department that all personnel shall respect all
individual rights and ensure the safety of all arrested persons while in custody.
PROCEDURES
A. Arrestee's Arrival to the Department
1. Personnel transporting the arrestee shall bring him or her into the station via the sally
port door unless an exceptional circumstance exists that dictates otherwise.
a. Prior to entering the cellblock area with an arrestee and/or while an arrestee is being
booked, all police officers shall remove their firearm(s) and knives, if any, and
place them in a weapon lock box unless an exceptional circumstance exists that
dictates otherwise.
a.b. An arrestee shall not be unhandcuffed until he/she is searched.
b.c. Prior to and immediately after placing an arrestee in a holding cell, the area(s) shall
be checked for weapons and/or contraband.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 1 of 12
B. Search of the Arrestee
1. The arrestee shall be searched by an officer of the same sex, regardless of the arrestee’s
gender identity and/or expression. In the event that a same gender officer is not working
and an officer of the opposite gender must conduct the search, unless an emergency
exists, it shall be done in the presence of another officer or supervisor.
2. The arrestee shall be asked if they have any items in their possession that could harm
officers. Officers shall empty, with caution, all pockets of the arrestee.
3. During the search of an arrestee, the officer conducting the search shall use the
Department’s hand-held metal detector to facilitate the discovery of any items on the
arrestee’s person that may be harmful to the officer and/or arrestee.
4. All items that could be used to inflict harm to the arrestee or someone else, such as, but
not limited to, shoelaces, belts, ties, headbands and matches shall be removed from the
arrestee and will be secured in the arrestee locker along with any other items already
removed from the arrestee.
5. All non-evidentiary/non-contraband items removed from the arrestee will be noted on
the Arrestee Inventory Form.
6. An on-duty supervisor will conduct an arrestee intake interview and complete the
appropriate sections of the Detainee Questionnaire Form upon the arrival of the
arrestee. The rest of the form will be completed as part of the booking process.
a. The 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.
b. The supervisor shall document the results of the visual inspection in writing.
7. Once the search is complete, the arrestee shall sign the Prisoner Inventory Form. If the
arrestee refuses, the duty supervisor will sign as a witness on the form, noting the
refusal.
8. All property taken from the arrestee shall be locked in the arrestee locker in the
cellblock area. The locker number where the belongings were placed shall be noted on
the arrestee card.
9. Any evidence and/or contraband found on the arrestee will be held as evidence.
10. The locker key will be secured in the control room.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 2 of 12
11. The restraining devices should be removed prior to placing the arrestee in the holding
cell, cage and/or cell unless the officer feels that the removal will be a security risk.
Arrestees should not be secured to fixed objects.
12. After the search, the arrestee may be given an emergency blanket to keep them warm.
The blanket will be disposed of when the arrestee is released.
C. Sworn Personnel in the Department
1. There shall be a sworn member of the Department in the building at all times whenever
there is an arrestee in the detention facility.
D. Packages
1. Arrestees shall receive no outside items without the approval of a shift supervisor.
E. Arrestee Card/Personal History
1. Once the arrestee is secured in a cell, the booking officer shall inform the desk officer
of the arrestee’s name and cell number. The booking officer shall then note the above
information on the arrestee card. He or she shall also note the following on the card.
a. The cellblock number of the arrestee.
b. The locker number of the arrestee’s belongings.
c. Any prescribed medication issued.
2. The transporting officer, if different than the processing officer, will turn the arrestee
over to the processing officer.
3. The transporting officer will be asked if there are any known medical conditions or
security hazards, and these will be noted on the arrestee card.
4. The detention officer shall note all phone calls the arrestee makes on the arrestee card.
F. Arrestee Record Check
1. The processing officer and/or East Haven Public Safety Communication Center
(EHPSCC) personnel shall enter the name of the arrestee in the COLLECT/NCIC
program to determine if the arrestee is wanted by any other agency.
2. The processing officer and/or EHPSCC personnel shall enter the arrestee’s name in
LEAS to determine the arrestee’s prior history with the Department.
G. Suicide Prevention
1. When any officer identifies a legitimate potential suicide risk, that officer shall notify
an on-duty supervisor immediately.
a. In appropriate cases, a Police Emergency Examination Request Form should be
completed and the arrestee sent to a medical facility for an evaluation.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 3 of 12
b. An officer will remain with the arrestee until the arrestee is released from the
medical facility or secured in a lock-down unit of the medical facility.
1) Prior to leaving an arrestee in a secured lock-down unit, the officer will notify
an on-duty supervisor to confirm that he/she can leave.
2. An arrestee may be considered a potential suicide risk if any factor in the following
five classifications or indexes is present.
a. Personal Losses (i.e. family death, serious medical condition).
b. Emotional or Mental State.
1) Apparent depression as observed in the arrestee’s obvious sadness, tearfulness,
lifeless quality, chronic fatigue or sense of despair.
2) Severe psychiatric disorders or psychotic delusions, hallucinations or
disoriented thinking.
3) History of alcoholism or drug abuse or current intoxication.
4) Bodily discomforts. Current and frequent complaints or vague body pains or
discomfort.
c. Suicidal History
1) Previous attempts of suicide. The current danger increases with multiple suicide
attempts in the past.
2) Lethality of past methods. If past suicide attempts have been highly lethal, a
high-risk factor is present.
3) Precipitating event. If the present events are similar to past precipitating events,
then suicide risk is high.
d. Suicidal Thinking
1) The arrestee expresses intent to do physical harm to themselves. These threats
must be taken seriously.
2) A suicide plan where an arrestee identifies a specific method of self-destruction
is a high risk.
3) The area must be checked to determine if the arrestee has the materials needed
to carry out the threat.
e. Social Identification or Status
1) Isolation.
2) The arrestee has little availability of friends or close family or significant others.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 4 of 12
3) Negative interactions or relationships.
4) The individual tends to be conflicted or troubled with others.
H. Television Monitors/Audio Monitor
1. Once an arrestee is in a cellblock, the desk officer, processing officer, and/or EHPSCC
personnel shall activate all cell block cameras and ensure that they are all in working
order.
2. When arrestees are being monitored, it is imperative to ensure that the monitors are
operational. If all video monitors are not operational, an officer shall be assigned to
watch the arrestee.
3. In the event that a cellblock camera is not working, the shift supervisor shall be notified
and the arrestee moved to a cell where the camera is operational.
4. It is the responsibility of the desk officer, processing officer, and/or EHPSCC personnel
to monitor the cell block cameras and to report any problems to the on-duty supervisor.
5. The desk officer and detention officer are responsible for ensuring that the TV monitors
are operational at the beginning of their shift and, if any problems are discovered, notify
the shift supervisor.
I. Arrestee Phone Calls
1. While in custody of the Department, an arrestee shall be allowed to make telephone
calls regarding his/her release or to call his/her attorney.
2. If the arrestee is talking to his or her attorney, the officer shall afford the arrestee
sufficient privacy so that privileged communications can take place.
J. Checking Arrestees
1. While an arrestee is in the Department’s custody, the arrestee shall be monitored
constantly and physically checked frequently.
2. Any contact with an arrestee of the opposite gender should be monitored by another
officer, if possible.
3. An officer may enter the occupied cell to check on the well-being of the arrestee, but
must first call for back up and have another officer present.
a.
The cell block key to enter the cells shall be secured in the Shift Commander’s
area, which is monitored by CCTV. When the cell block key is no longer needed
by the booking officer, it shall be promptly returned.
b. A spare cell block key shall be kept readily available in the Shift Commander’s
key lock box in the event of an emergency.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 5 of 12
4. There shall be a sworn officer present in the cellblock area whenever there is an arrestee
present that is not secured in a cell.
5. Whenever there is a change of shift, the incoming supervisor shall physically check all
arrestees.
6. In the event of a power failure and the generator is inoperative, the arrestee shall be
physically viewed a minimum of every ten (10) minutes. The time of the check and the
officer’s name shall be noted on the arrestee card.
K. Attorney Visits
1. Only attorneys representing the arrestee are permitted to visit him or her. The attorney
must show proper identification prior to being admitted into the secured area of the
building.
2. The visit by the attorney will usually be limited to thirty (30) minutes. The arrestee card
will note the arrival and departure time of the attorney.
3. Prior to entering the secured area of the building, the attorney shall be searched using
the metal detector and any packages will be checked for weapons or contraband.
L. Bail Commissioners
1. Bail commissioners shall be allowed access to interview all arrestees.
M. Police Personnel Access to the Cellblock
1. Members of another police department and/or nonessential personnel must first receive
permission from an on-duty supervisor before entering the cellblock area.
2. Officers entering the cell area shall place their firearm(s) and knives, if any, in the lock
box located in the booking area or the sally port.
N. Arrestee Smoking
1. Arrestees of the East Haven Police Department should not be allowed to smoke while
in custody.
O. Arrestee Meals
1. Arrestees will be fed while in custody. The arrestees should be fed at the following
times:
a. 0700 hours
b. 1200 hours
c. 1800 hours
2. The arrestees may be offered the following nourishment while in the custody of the
East Haven Police Department.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 6 of 12
a. Breakfast with one cup of coffee/tea/milk/soda or juice.
1) One English muffin, roll, bagel served plain or with butter.
2) Meals can be adjusted based upon an arrestee’s individual medical or religious
dietary restrictions.
b. Lunch and Dinner with one cup of coffee/tea/milk/soda or juice.
1) One hamburger/cheeseburger/chicken or fish sandwich or vegetarian meal.
2) Meals can be adjusted based upon an arrestee’s individual medical or religious
dietary restrictions.
c. The meals for the arrestee(s) will be purchased at the Department’s approved
establishments and charged to the police department.
d. The officer shall sign the bill for the arrestee meals and then write the name or
names of the arrestee(s) on the bill and turn the bill into the arrestee meal slip box.
e. An officer will be dispatched to pick up the food after the desk officer or another
officer calls in the order.
f. The arrestee’s card will note the time the meal was served.
g. If the arrestee does not wish to eat, then the refusal will be noted on the arrestee
card.
h. At no time will the arrestee(s) be allowed to eat with any type of eating utensils.
P. Medical Attention
1. Whenever an officer determines that the arrestee needs medical attention, the East
Haven Fire Department (EHFD) will be called to the Department to render medical
attention. If the EHFD determines a need to transport to a medical facility, an
ambulance will be called for transportation.
2. A supervisor or officer will note the time of departure of the arrestee on the arrestee
card.
3. The transporting officer will take copies of the arrestee’s identification and any other
information necessary to identify the arrestee.
4. The arrestee will be escorted by an officer to the medical facility and they will remain
with the arrestee until relieved by another officer. The officer may be present in the
rear of the ambulance or follow in a police vehicle.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 7 of 12
5. At all times, arrestees shall be restrained consistent with Policies and Procedures # 501
– Searching and Transporting Arrestees, unless it will further complicate the injury or
medical condition.
a. The officer will remain with the arrestee at all times while in the medical facility
unless it will interfere with the medical treatment or relieved by another officer.
6. Upon discharge, the officer will have a release form, which is provided by the medical
facility, signed by the examining physician stating the treatment provided and the
arrestee has been released from the medical facility.
a. This form, entitled the State of Connecticut Judicial Medical Release Form, will be
placed in the arrestee’s case file.
7. The arrestee, upon arrival at the Department, will be brought in through the sally port
unless an exceptional circumstance exists that dictates otherwise.
8. The cell shall be searched prior to placing the arrestee in it. The arrestee will then be
searched, un-handcuffed and placed in a cell.
9. If the arrestee must be admitted to a medical facility, an on-duty supervisor shall be
notified and a decision will be made with regards to the security of the arrestee.
Q. Medication
1. If the arrestee is to be placed in a cell, an on-duty supervisor and/or processing officer
shall assess whether the arrestee is taking prescription medications.
a. If prescribed medication is administered, the shift supervisor will ensure the date,
time and type of medicine is recorded on the arrestee card. The administering
officer shall also note his/her badge number or initial arrestee card.
b. At shift change, the oncoming supervisor and processing officer shall be made
aware of the arrestee’s medication status and when the next dose is due.
c. If the arrestee does not make bond and is brought to court, the intake judicial
marshal shall be made aware of any medical conditions that the arrestee may have.
R. Cell Block Fire
1. Dispatcher Responsibilities
a. Notify the EHFD.
b. Notify the on-duty supervisor.
c. Have available patrol units respond to the Department to assist in clearing the
cellblocks.
2. Officer Responsibilities
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 8 of 12
a. Remove all arrestees from the cell blocks and handcuff them as soon as that can be
accomplished safely.
b. Remove the arrestees from the cell block area to the sally port and remain with
them until relieved.
c. If the arrestees cannot be held in the sally port, they should be placed in the rear of
a patrol vehicle with a security screen and held there until the building can be reentered.
d. In the event the cellblocks cannot be used, a supervisor shall request assistance from
neighboring departments to house arrestees.
S. Juvenile Arrestees
1. If not released, a juvenile arrestee, male or female, under the age of eighteen (18) may
be confined to a holding cell or the Juvenile Detention Room. At no time shall a
juvenile arrestee be housed within sight or within normal speaking volume of an adult
arrestee. Refer to Policies and Procedures 505 – Juvenile Offenders for guidance on
the dentitionhandling of juveniles within the Department.
2. Juveniles may not be held in secure detention for more than eight (8) hours.
3. General Police Release Procedures
a. Release juvenile to custody of parents, guardian, or suitable person or agency.
b. At the discretion of the officer, release juvenile (any age) to juvenile’s own
custody.
c. Immediately turn juvenile over to a State Juvenile Detention Center.
T. Arrestee Release
1. Prior to release, the on-duty supervisor will ensure that all the processing paperwork is
complete.
2. The arrestee will be removed from the cell and his/her property shall be returned. The
arrestee shall sign a receipt.
a. If there are any discrepancies, the on-duty supervisor will be notified at once.
b. In the event that an arrestee does not wish to sign for his/her property, two officers
will witness the return of the property. Both witnessing officers will note the refusal
on the Arrestee Inventory Form.
3. No arrestee shall be released until they are positively identified by comparison with the
arrestee’s booking sheet.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 9 of 12
4. The arrestee will be led out of the cell area to the lobby.
5. If the arrestee is being released to another law enforcement agency, the receiving
officer will be given a copy of the arrestee’s identification, be advised of any medical
concerns, and/or security hazards. The receiving officer will then sign for the arrestee.
6. When the arrestee is released from custody, the releasing officer shall note the time of
release on the arrestee card. The arrestee card shall then be filed with the incident
report.
U. Arrestee Escape
1. In the event that an arrestee does escape from the Department’s detention facility, the
following steps shall be taken.
a. Dispatch shall notify all on-duty police officers, over the radio, of the escape.
b. The name of the escapee, sex, age, charges and description of the clothing shall be
included in the broadcast.
c. Officers will be dispatched to the Department to conduct a thorough search of the
police building and surrounding area.
d. Dispatch shall notify neighboring police departments of the escape and give them
as much information as possible regarding the escape.
e. The on-duty supervisor shall notify the following personnel of the escape.
1) Chief of Police.
2) Deputy Chief of Police.
3) Head of the Patrol Division.
4) Other law enforcement agencies if needed.
f. If the escapee is not located or apprehended by the end of the on-duty supervisor’s
shift, the arresting or processing officer shall complete an arrest warrant application
for the escapee for immediate submittal to court.
g. The Internal Affairs Officer (IAO)will complete a thorough investigation of the
escape incident and report his/her findings to the Chief of Police.
V. Cell Block Doors
1. When occupied, all cellblock doors shall remain closed and locked at all times.
2. Officers will only enter occupied cells when it is absolutely necessary.
3. A second back-up officer should always be present to prevent an injury or escape.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 10 of 12
4. Officers shall check cellblock doors for security after entering or exiting.
W. Cell Block Maintenance
1. Repair work or maintenance shall only be performed in the holding facility when it is
empty.
2. After the repairs or maintenance are completed, the facility shall be inspected and
searched completely.
3. In the event that emergency repairs or maintenance must be performed while the facility
is occupied, the arrestee shall be removed and either placed in another cell, or removed
and kept under guard until the work is completed.
4. The Court Liaison Officer will inspect the cellblock area on a weekly basis for security
concerns, weapons and contraband, and take any corrective action to immediately
remedy any problems.
X. Medical Kit
1. In the event of a medical emergency in the cell block, an Automated External
Defibrillator (AED) and a first-aid kit will be in the booking area.
a. The first-aid kit will undergo a weekly inspection by the Court Liaison Officer, and
he/she shall replenish it as necessary.
b. The AED battery and pad expiration date will undergo a weekly inspection by the
Court Liaison Officer.
Y. Cell Block Capacity
1. The holding facility has an overnight limited capacity of four (4) male cell blocks and
two (2) adult female blocks in which the male holding area and the female holding area
are separated by sight and sound (within normal speaking volume).
2. The Department has one (1) juvenile cell block.
3. When there are no adult female arrestees, adult males may be placed in the adult female
cells and vice -a-versa. When there are no adult arrestees in any of the cell blocks,
juveniles may be kept in the adult holding facility.
4. When more arrestees are in custody than can be jailed, or the cell block is under
maintenance, arrangements will be made to house excess arrestees at another
department, via a request for mutual aid.
Z. Training
1. During new personnel orientation and/or during the FTO Program, affected personnel
shall receive initial training on the operations of the holding facility. Retraining on the
procedures shall occur at least once every four (4) years, and in-service training shall
include the following:.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 11 of 12
a. Evacuation.
b. Use of supplied equipment.
c. Fire suppression.
d. Booking process.
e. Arrestee search while at the station.
502.87 – Securing and Handling Arrestees in the Station
February 13May 1, 20265
Page 12 of 12
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