Full Text
Policy 318 Anaheim Police Department Policy Manual Canine Program 318.1 PURPOSE AND SCOPE The Canine Program was established to augment police services to the community. Highly skilled and trained teams of handlers and canines have evolved from the program and are used to supplement police operations to locate individuals, contraband and to apprehend criminal offenders. 318.2 GUIDELINES FOR THE USE OF CANINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed or threatened to commit any serious offense and if any of the following conditions exist: There is a reasonable belief that the individual poses an imminent threat of violence or serious harm to the public, any officer, or the handler. The individual is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. The individual(s) is/are believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. In any such case, a standard of objective reasonableness shall be used to review the decision to use a canine in view of the totality of the circumstances. Absent reasonable belief that an individual has committed or threatened to commit a serious offense, mere flight from pursuing officer(s) shall not serve as good cause for the use of a canine to apprehend the individual. Once the individual has been located and no longer reasonably appears to represent a threat or risk of escape, the canine should be placed in a down-stay or otherwise secured as soon as it becomes reasonably practical. 318.2.1 PREPARATION FOR UTILIZING A CANINE Prior to the use of a canine to search for or apprehend any individual, the canine handler and/or the supervisor on scene shall carefully consider all pertinent information that is reasonably available at the time. The information should include, but is not limited to the following: The individual's age or estimate thereof. The nature of the suspected offense. Any potential danger to the public and/or other officers at the scene if the canine is released. The degree of resistance or threatened resistance, if any, the subject has shown. The potential for escape or flight if the police dog is not utilized. The potential for injury to officers or the public caused by the suspect if the canine is not utilized. Canine Program - 93 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Canine Program As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved personnel to minimize the risk of unintended injury. A canine handler shall have the ultimate authority not to deploy the dog. The handler will evaluate each situation and determine if the use of a canine is technically feasible. Generally, the decision whether to deploy the dog shall remain with the handler. However, a supervisor sufficiently apprised of the situation may decide not to deploy the dog. 318.2.2 WARNINGS GIVEN TO ANNOUNCE THE USE OF A CANINE Unless it would otherwise increase the risk of injury or escape, a clearly audible warning to announce that a canine will be released if the person does not come forth, shall be made prior to releasing a canine. The canine handler, when practical, shall first advise the supervisor of his/her decision if a verbal warning is not given prior to releasing the canine. In the event of an apprehension, the handler shall document in any related report whether or not a verbal warning was given and, if none was given, the reasons why. 318.2.3 USE OF NARCOTIC-DETECTION CANINES A narcotic-detection-trained canine may be used in accordance with current law under the following circumstances: To assist in the search for narcotics during a search warrant service. To obtain a search warrant by using the detection canine in support of probable cause. To search vehicles, buildings, bags and any other articles deemed necessary. A narcotic-detection canine will not be used to search a person for narcotics. 318.2.4 GUIDELINES FOR NON-APPREHENSION USE Because canines have senses far superior to those of humans, they may often be effectively utilized to track or search for non-criminals (e.g. lost children, individuals who may be disoriented or in need of medical attention) or even suspects wanted for minor criminal offenses. In such circumstances, it will be necessary for the handler to evaluate the conditions and ability of the canine to determine the feasibility of such an application. Absent a change in circumstances that present an immediate threat to officers, the canine or the public, such applications should be conducted on leash or under such conditions that will minimize the likelihood that the canine will bite or otherwise injure the individual. Throughout the deployment of the canine in such circumstances, the handler should consider issuing periodic verbal announcements of the use of the canine. Unless otherwise directed by a supervisor, assisting personnel should take direction from the handler in order to minimize interference with the canine. 318.2.5 REPORTING CANINE USE, BITES AND INJURIES Whenever the police service dog is deployed, a Canine Use Report shall be completed by the handler and turned in to the Unit Coordinator before going off-duty, unless permission to hold the report has been approved by a supervisor or Unit Coordinator. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Canine Program - 94 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Canine Program Whenever the use of the canine results in a bite or any injury a Canine Use Report Form shall be completed and included with any related incident report. The injured party shall be transported to an appropriate medical facility if the injury requires medical attention beyond first aid. If the injured party is in custody an officer shall remain with the suspect until treatment has been rendered. Photographs shall be taken of the bite or injury as soon as practicable after tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current department evidence procedures. It shall be the responsibility of the Unit Coordinator to ensure that such photographs are retained for five years. If a subject alleges an injury that is not visible, a supervisor shall be notified and the location of the alleged injury should be photographed as described above. The Unit Coordinator will maintain liaison with the Animal Control Department to ensure that information regarding canine bites is not retained by its office. Canines used by law enforcement agencies are exempt from impoundment and reporting requirements to the Animal Control Department (Food and Agriculture Code § 31609(b)). 318.2.6 REPORTING CANINE INJURIES In the event that a canine is injured, the injury will be immediately reported to the Watch Commander. Medical care for any injured canine shall follow the protocol established in § 318.6 et seq. The injury will be documented on a Canine Use Report Form. 318.2.7 ASSIGNMENT OF CANINES The canine teams shall be assigned to the Operations Division to supplement and assist the Patrol Bureau. Canine teams should function primarily as cover units however; they may be assigned by the Watch Commander to other functions based on the needs of the watch at the time. Canine teams should not be assigned to handle matters that will take them out of service for extended periods of time unless absolutely necessary and only with the approval of the Watch Commander. 318.3 REQUEST FOR USE OF CANINE TEAMS Personnel within the Department are encouraged to freely solicit the use of the canines. Requests for a canine team from outside of the Patrol Bureau shall go through the Unit Coordinator or the Watch Commander. 318.3.1 REQUEST FOR ASSISTANCE FROM OTHER AGENCIES The Watch Commander or the Unit Coordinator must approve all requests for canine assistance from outside agencies, subject to the following provisions: Canine teams shall not be used for any assignment that is not consistent with this policy. The handler has the ultimate authority to decide whether the canine should be used for any specific assignment. Canine Program - 95 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Canine Program Canine teams shall not be called out while off-duty or used outside the boundaries of the City of Anaheim unless authorized by the Watch Commander or the Unit Coordinator. It shall be the responsibility of the canine handler to coordinate with outside agency personnel in order to minimize the risk of unintended injury. 318.3.2 REQUEST FOR PUBLIC DEMONSTRATIONS All public requests for a canine team shall be approved by the Unit Coordinator prior to making any commitment. Handlers shall not demonstrate any apprehension work to the public unless authorized to do so by the Unit Coordinator. 318.4 SELECTION OF CANINE HANDLERS The following are the minimum qualifications for the assignment of canine handler: Anaheim Police Department officer (currently off probation) Reside in an adequately fenced, single-family, residence (minimum five-foot high fence with locking gates) Have a garage which can be secured and accommodate a canine unit Live within a reasonable driving distance from the Police Department Agree to be assigned to the position for a minimum of two years 318.5 CANINE HANDLER RESPONSIBILITIES 318.5.1 AVAILABILITY The handler shall be available for call-out under conditions specified by the Unit Coordinator. 318.5.2 CARE FOR THE CANINE AND EQUIPMENT The handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection, and living conditions. The handler will be responsible for the following: Unless required by a particular application, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. The handler shall maintain all department equipment under his/her control in a clean and serviceable condition and when not on duty shall maintain the canine unit in a garage, or secured from public view. When a handler takes a vacation or extended number of days off, arrangements shall be make to house the police service dog either with another handler or an approved kennel or facility. Handlers shall permit the Unit Coordinator to conduct spontaneous on-site inspections of affected areas of their residence as well as the canine unit, to verify that conditions and equipment conform to this policy. Any changes in the living status of the handler which may affect the lodging or environment of the canine shall be reported to the Unit Coordinator as soon as possible. Canine Program - 96 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Canine Program When off-duty, canines shall be maintained in kennels, provided by the City, at the homes of their handlers. When a canine is kenneled at the handler's home, the gate shall be secured with a lock. When off-duty, canines may be let out of their kennels while under the direct control of their handlers. The canine should be permitted to socialize in the home with the handler's family for short periods of time and under the direct supervision of the handler. Under no circumstances will the canine be lodged at another location unless approved by the Unit Coordinator or Watch Commander. When off-duty, handlers shall not involve their canines in any activity or conduct unless approved in advance by the Unit Coordinator or Watch Commander. Whenever a canine handler anticipates taking a vacation or an extended number of days off, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the Unit Coordinator so that appropriate arrangements can be made. 318.5.3 CANINE IN PUBLIC AREAS All canines shall be kept on a leash when in areas that allow access to the public. Exceptions would include specific police operations for which the canines are trained. Canines shall not be left unattended in any area to which the public may have access. When the canine unit is left unattended all windows and doors shall be secured in such a manner as to prevent unauthorized access to the dog. The handler shall also insure that the unattended unit remains inhabitable for the canine. 318.5.4 HANDLER COMPENSATION The canine handler shall be compensated for time spent in the care, feeding, grooming and other needs of the dog as provided in the Fair Labor Standards Act. The compensation shall be prescribed in the employee's Memorandum of Understanding. 318.5.5 CARE AND MAINTENANCE OF CANINE TEAM VEHICLES Each Canine Team is assigned a vehicle to be used for City of Anaheim business only. Canine vehicles shall be kept at the Police Department or be garaged or stored within a fenced area, so as to be completely out of public view at the home of the Canine Officer. The structure or area containing the vehicle shall be secured when the vehicle is unattended. It is the responsibility of the Canine Officer to insure the care and maintenance of the Canine vehicle. Regular service intervals, as scheduled by Fleet Maintenance, will be met. Canine vehicles will be kept clean and in good repair at all times. Any damage caused by a Canine to the vehicle shall be reported to the Canine Detail Supervisor. Only markings approved by the Department shall be displayed on Canine Vehicles. The Canine Team Trainer may transport a canine when necessary in a Police Department vehicle, also utilizing an approved transportation kennel. 318.6 MEDICAL CARE OF THE CANINE All medical attention shall be rendered by the designated canine veterinarian, except during an emergency as provided in Policy Manual § 318.6.2. Canine Program - 97 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Canine Program 318.6.1 NON-EMERGENCY MEDICAL CARE Non-emergency medical care will be coordinated through the Unit Coordinator. Any indication that a canine is not in good physical condition shall be reported to the Unit Coordinator or the Watch Commander as soon as practical. All records of medical treatment shall be maintained in the canine handler's personnel file. 318.6.2 EMERGENCY MEDICAL CARE The handler shall notify the Unit Coordinator as soon as practicable when emergency medical care for the canine is required. Depending on the severity of the injury or illness, the canine shall either be treated by the designated veterinarian or transported to a designated emergency medical facility for treatment. If the handler and dog are out of the area, the handler may use the nearest available veterinarian. 318.7 TRAINING Before assignment in the field, each canine team shall be trained and certified to meet current POST standards. Cross-trained dog teams or those dog teams trained exclusively for the detection of narcotics and/or explosives shall be trained and certified to meet the standards established for such detection dogs by the California Narcotic Canine Association or other recognized and approved certification standards. The Unit Coordinator shall be responsible for scheduling periodic training for all department personnel in order to familiarize them with how to conduct themselves in the presence of department canines. 318.7.1 CONTINUED TRAINING Each canine team shall thereafter be recertified to current POST standards and the California Narcotic Canine Association or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows: Canine teams shall receive training as defined in the current contract with the department's canine training provider. Canine handlers are encouraged to engage in additional training with approval of the Unit Coordinator. To ensure that all training is consistent, no handler, trainer, or outside vendor is authorized to train to a standard that is contrary to the policies of the Anaheim Police Department. All canine training shall be conducted while on-duty unless otherwise approved by the Unit Coordinator or Watch Commander. 318.7.2 FAILURE TO SUCCESSFULLY COMPLETE POST TRAINING Any dog team failing POST canine certification and, if cross-trained, the California Narcotic Canine Association or other recognized and approved certification standards shall not be deployed in the field until certification is achieved. When practical, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties. Canine Program - 98 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Canine Program 318.7.3 TRAINING RECORDS All canine training records shall be maintained in the canine handler's training file. 318.8 CANINE UNIT COORDINATOR RESPONSIBILITIES The Unit Coordinator shall be appointed by staff and shall supervise the Canine Program. The Unit Coordinator is directly responsible to the Operations Division Commander. The Unit Coordinator shall be responsible for, but not limited to, the following: Review all Canine Use Reports to insure compliance with policy and to identify training issues and other needs of the program. Maintain liaison with the vendor kennel and/or the department trainer. Maintain liaison with administrative staff and functional supervisors. Maintain liaison with other agency canine coordinators. Maintain accurate records to document canine activities. Recommend and oversee the procurement of needed equipment and services for the unit. Be responsible for scheduling all canine related activities. Ensure the canine teams are scheduled for continuous training to maximize the capabilities of the teams. 318.9 CONTROLLED SUBSTANCE TRAINING AIDS Controlled substance training aids are required to effectively train and maintain drug detecting dogs. Further, controlled substances can also be an effective training aid during training sessions for law enforcement personnel and the public. Health & Safety Code § 11367.5 provides that any Sheriff, Chief Of Police, the Chief of the Bureau of Controlled Substance Enforcement, or the Commissioner of the California Highway Patrol, or a designee thereof may, in his or her discretion, provide controlled substances in his or her possession for training purposes: To any duly authorized peace officer or civilian drug detection canine trainer working under the direction of a law enforcement agency Provided the controlled substances are no longer needed as criminal evidence Provided the person receiving the controlled substances, if required by the Drug Enforcement Administration, possesses a current and valid Drug Enforcement Administration registration that specifically authorizes the recipient to possess controlled substances while providing substance abuse training to law enforcement or the community or while providing canine drug detection training 318.9.1 PROCEDURES Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of accidental ingestion of these controlled substances by the canine, the following procedure shall be strictly followed: All necessary controlled substance training samples shall be acquired from the Anaheim Police Department's evidence personnel or from allied agencies authorized by Health & Safety Code § 11367.5 to provide controlled substance training samples. All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler Canine Program - 99 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Canine Program The weight and test results shall be recorded and maintained by this department; Any person receiving controlled substance training samples pursuant to Health & Safety Code § 11367.5 shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances All controlled substance training samples will be inspected, weighed, and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the canine coordinator with a copy forwarded to the dispensing agency All controlled substance training samples will be stored in locked boxes at all times, except during training. The locked boxes shall be secured in the trunk of the canine handler's assigned patrol unit, or stored in a locked evidence locker. There are no exceptions to this procedure The Canine Unit Coordinator shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action Any unusable controlled substance training samples shall be returned to the Property and Evidence Bureau or to the dispensing agency All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency 318.9.2 IMMUNITY All duly authorized peace officers acting in the performance of their official duties and any person working under their immediate direction, supervision or instruction are immune from prosecution under the Uniform Controlled Substance Act while providing substance abuse training or canine drug detection training (Health & Safety Code § 11367.5(b)). Canine Program - 100 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC