NYPD Patrol Guide

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PATROL GUIDE

Section: Arrests Procedure No: 208-01

LAW OF ARREST
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To specify the conditions under which a uniformed member of the service may
make an arrest.

PROCEDURE Arrest with warrant:


1. When the warrant is addressed to a uniformed member of the service or to
the Department of which he is a member, and,
a. Warrant issued by:
(1) New York City Criminal Court, or
(2) District court, or
(3) Superior court judge sitting on lower criminal court.

Arrest at anytime, and anywhere within the State, or

b. Warrant issued by:


(1) City court, or
(2) Town court, or
(3) Village court.

Arrest at anytime within the county of court of issuance, or within adjoining


county.

2. When delegated by a police officer to whom warrant is addressed and:


a. Warrant may be legally executed as indicated above, and within
arresting officer’s territorial jurisdiction, or
b. The defendant is in a county other than one in which warrant is
returnable.

3. Arrest without a warrant:


a. For an offense when reasonable cause to believe offense
committed in his presence, or
b. For a crime (within presence or not) and reasonable cause exists
that arrested person committed the crime.
c. For a petty offense in his presence (violations and traffic
infractions) and:
(1) It is believed to have been committed within arresting
officer’s geographical area of employment, and
(2) The arrest is made in the county of occurrence or an
adjoining county.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-01 08/01/13 2 of 2

ADDITIONAL In close pursuit cases relating to petty offenses or traffic infractions, a police officer may
DATA pursue to any part of the State and make an arrest or issue a summons, if authorized by
law to do so in his own geographical area of employment.

In close pursuit cases relating to crimes, police officer may pursue outside State to effect
the arrest.

RELATED Arrest On A Warrant (P.G. 208-42)


PROCEDURE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-02

ARRESTS - REMOVAL TO DEPARTMENT FACILITY


FOR PROCESSING
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
04/02/19 04/02/19 1 of 4

PURPOSE To process arrests.


SCOPE Uniformed members of the service who have effected an arrest will have the
arrest verified by their supervisor, if available, prior to removing the prisoner to
the appropriate authorized command/designated arrest facility which has
jurisdiction over the arrest. The desk officer will be requested to verify any
arrests which were not verified at the scene of arrest.
DEFINITIONS ARREST - Taking a person into custody to answer for an offense.
PICK-UP ARREST - An arrest for an offense or juvenile delinquency not
previously reported.
PREFERRED NAME - The name an arrestee prefers to be called based on their
gender identity. This name may be different from the name on identification
documents in the arrestee’s possession.

PROCEDURE When a uniformed member of the service effects an arrest:

ARRESTING 1. Effect arrest in a tactically safe manner, and inform prisoner of authority
OFFICER and cause, unless physical resistance, flight, or other factors render such
procedure impractical.
a. The arrest of a parent/guardian of a child should be effected
outside of child’s sight and hearing, if possible.
2. Handcuff prisoner with hands behind back.
3. Remove prisoner to precinct of arrest/designated arrest facility and inform
desk officer of charge(s).
a. Juvenile delinquents/juvenile offenders will be taken to the
location in the stationhouse SPECIFICALLY DESIGNATED as
suitable for the interrogation of juveniles.
b. Refer to the Command Reference Library for a list of locations
approved for the interrogation of juveniles.
4. Notify desk officer if force was used to effect the arrest.
5. Immediately complete all captions on PRISONER PEDIGREE CARD
(PD244-092) upon arrival at command and present to desk officer.
a. Consistent with P.G. 203-10, “Public Contact – Prohibited
Conduct,” subdivision “a” following step “1”, indicate Preferred
Name, if any, on the PRISONER PEDIGREE CARD.
6. Remain with prisoner at all times unless relieved by arrest processing
officer.
DESK OFFICER 7. Have arresting officer complete all captions on PRISONER PEDIGREE
CARD and immediately transpose the information from the CARD into
the Command Log to initiate arrest process.
a. File each CARD for EVERY prisoner by date and time of arrival at
command.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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208-02 04/02/19 2 of 4

DESK OFFICER 8. Enter in Command Log, Interrupted Patrol Log, and on ROLL CALL
(continued) (PD406-144), if appropriate, the rank, name, shield number, and
command of the arresting officer, assisting officer, if any, and the time of
arrival at the stationhouse.
9. Determine validity of the arrest.
a. Comply with the provisions of P.G. 210-13, “Release of
Prisoners” if arrest is NOT valid.
10. Direct arresting officer to make a thorough search of the prisoner in your
presence, in accordance with P.G. 208-05, “Arrests – General Search
Guidelines.”
a. Inform prisoner wearing a religious head covering that it must be
searched.
(1) Advise prisoner search may be conducted in private, if
he/she prefers.
(2) Comply with P.G. 221-13, “Mentally Ill or Emotionally
Disturbed Persons,” if prisoner refuses to remove religious
head covering for search.
(3) Allow prisoner to wear religious head covering after it has
been searched for weapons and contraband.
(4) A religious head covering will not be routinely removed,
unlike outer garments that are removed (e.g., belts,
neckties, shoelaces, drawstrings, etc.), unless there is an
articulable reason to believe it is likely to be dangerous to
life, is likely to facilitate escape, or is likely to be used to
damage Department property.
(5) If the arresting officer removes a religious head covering
due to safety/security concerns, make a Command Log
entry indicating the reason.
11. Verify prisoner’s identity by satisfactory documentary proof, preferably
government issued identification.
12. Count prisoner’s funds, record the amount in the Command Log, and
return funds to prisoner.
a. Direct arresting officer to voucher currency in excess of $100 for
safekeeping if prisoner is not eligible for a DESK
APPEARANCE TICKET.
b. Enter amount retained by prisoner and the PROPERTY CLERK
INVOICE (PD521-141) number in Command Log.
13. Direct arresting officer to remove prisoner to arrest processing area, or
location in the stationhouse SPECIFICALLY DESIGNATED as suitable
for the interrogation of juveniles.
14. Direct arrest processing officer to assist arresting officer.

ARRESTING 15. Comply with the provisions of P.G. 208-15, “Arrest Report Preparation
OFFICER at Stationhouse.”

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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208-02 04/02/19 3 of 4

DESK OFFICER 16. Direct arresting officer to remain with prisoner at all times unless relieved
by arrest processing officer.
17. Ensure that arresting officer signs affidavit/supporting deposition, as
appropriate, before resuming assignment or completing tour.

ADDITIONAL ARREST OF PARENT/GUARDIAN OF CHILD


DATA
It is the policy of the Department to reduce the traumatic impact that the arrest of a
parent/guardian may have on a child by allowing the arrested parent/guardian to assure the
child that he/she will be safe and provided for, if appropriate. The child should be
encouraged to take a familiar object (e.g., a comfort toy, blanket or book, photograph, etc.)
and any other items that might be required for their emotional well-being. In addition, the
arrested parent/guardian will be permitted to choose appropriate placement for his/her child
with exceptions including but not limited to, a caregiver with apparent active drug or
alcohol misuse, or other evidence of an unsafe environment, etc.

PRISONER SUPERVISION

Desk officers will be held STRICTLY ACCOUNTABLE for prisoners while in the
command and will ensure that the prisoner is guarded AT ALL TIMES by a uniformed
member of the service.

If a prisoner is placed in a cell alone because he/she threatens or fights with another
prisoner(s), is causing disruption, or for any other reason, ensure that a member of the
service will continue to monitor that prisoner closely.

IRRATIONAL/VIOLENT ARRESTEE

Whenever a person who is about to be arrested is acting irrationally or violently resists


arrest, AND poses no immediate physical threat to himself or others, AND is in a confined
area (e.g., detention cell, automobile, etc.), the uniformed member of the service on the scene
will immediately request the response of the patrol supervisor and the Emergency Service
Unit. The member will attempt to isolate and contain the suspect and will institute
emotionally disturbed person procedures contained in P.G. 221-13, “Mentally Ill Or
Emotionally Disturbed Persons.” If the confined area is an automobile, it will be rendered
immobile by blocking it in with one or more RMPs. Once in police custody, the subject will
be removed to a hospital for examination. This procedure will not apply in situations where
the uniformed members of the service on the scene believe the subject to be armed.

PRISONER SUSPECTED OF INGESTING A NARCOTIC OR OTHER DANGEROUS


SUBSTANCE

When a uniformed member of the service observes or suspects that a prisoner has ingested a
narcotic or other dangerous substance, the prisoner will be transported from the place of
arrest DIRECTLY to the nearest hospital facility. The uniformed member of the service WILL
PROMPTLY notify the communications section dispatcher and the patrol supervisor upon
determination of possible ingestion, when transport to hospital is initiated, and upon arrival at
the hospital. Emergency Medical Service (EMS) and hospital personnel will be informed of the
quantity and type of substance ingested, if known. UNDER NO CIRCUMSTANCES will a
prisoner who has ingested a narcotic or other dangerous substance be transported to the
command for arrest processing prior to receiving medical treatment.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-02 04/02/19 4 of 4

ADDITIONAL FALSE PERSONATION


DATA
(continued) When attempting to ascertain a prisoner’s identity, the uniformed member of the service
concerned should inform the prisoner that knowingly misrepresenting his or her actual
name, date of birth, or address to a police officer, with intent to prevent a police officer
from ascertaining such information, is punishable as a crime. Prisoners who knowingly
misrepresent their pedigree information should be charged under Penal Law section
190.23 (False Personation, B Misdemeanor).

ARREST REPORT PEDIGREE

For booking purposes, a member of the service shall write an arrestee’s name and
gender at it appears on a driver’s license, permit, or non-driver photo identification. If
the arrestee uses a Preferred Name, that name shall be listed in the:
a. “Preferred name” section of the PRISONER PEDIGREE CARD
b. Defendant’s name section of the Prisoner Movement Slip, prefaced by
“Preferred Name:”
c. “Nickname/Alias/Maiden Name” section of the ON-LINE BOOKING SYSTEM
ARREST WORKSHEET (PD244-159), prefaced by “P-”

Consistent with P.G. 203-10, “Public Contact – Prohibited Conduct,” subdivision “a”
following step “1”, regardless of whether the name on the arrestee’s identification
coincides with the arrestee’s gender identity, the member of the service shall refer to the
arrestee by the preferred name, if any, as requested. The member shall use the pronouns
consistent with that name in addressing or referring to the arrestee.

RELATED Public Contact - Prohibited Conduct (P.G. 203-10)


PROCEDURES Arrests - General Processing (P.G. 208-03)
Arrests - General Search Guidelines (P.G. 208-05)
Arrest Report Preparation at Stationhouse (P.G. 208-15)
Hospitalized Prisoners - Arrests by Members of Other Police Agencies (P.G. 210-03)
Release of Prisoners (P.G. 210-13)
Mentally Ill or Emotionally Disturbed Persons (P.G. 221-13)

FORMS AND DESK APPEARANCE TICKET (COMPUTER FORM)


REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
PROPERTY CLERK INVOICE (PD521-141)
PRISONER PEDIGREE CARD (PD244-092)
ROLL CALL (PD406-144)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-03

ARRESTS - GENERAL PROCESSING


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/27/19 08/28/19 1 of 13

DEFINITION PREFERRED NAME - The name an arrestee prefers to be called based on their
gender identity. This name may be different from the name on identification
documents in the arrestee’s possession.
PROCEDURE After arrest has been effected and prisoner has been handcuffed:
ARRESTING 1. Immediately field search/frisk prisoner and search adjacent vicinity for
OFFICER weapons, evidence, and/or contraband.
2. Advise prisoners of rights before questioning in accordance with P.G.
208-09, “Rights of Persons Taken into Custody.”
a. If a juvenile is taken into custody, notify the Real Time Crime
Center Juvenile Desk (twenty-four hours a day/seven days a
week), and parent/guardian immediately.
b. Before questioning juvenile, Miranda warnings will be read to the
juvenile utilizing MIRANDA WARNINGS FOR JUVENILE
INTERROGATIONS (PD244-1413). MIRANDA WARNINGS
FOR JUVENILE INTERROGATIONS should be read while
the parent/guardian is present. The juvenile may be questioned if
he/she waives the Miranda rights in the presence of the
parent/guardian. The parent/guardian does not have to separately
waive the Miranda rights; they only need to be advised of such
rights. However, if the parent/guardian objects to the questioning
or requests an attorney for the juvenile, no questioning should
occur, even if the juvenile is willing to answer questions.
c. Juveniles will not normally be arrested for truancy. If arrested on
another charge, truancy (Educational Law section 3233) may be
added as a second charge, if appropriate. In all cases, truants may
be frisked or scanned with a metal detector. If safety dictates,
truants may be handcuffed.
d. Comply with P.G. 212-90, “Guidelines for Interaction with
Limited English Proficient (LEP) Persons,” or P.G. 212-104,
“Interaction with Hearing Impaired Persons,” if the prisoner
and/or the parents/guardians of a juvenile in custody appear to
have difficulty understanding/communicating in English, or
appear to be hearing impaired.

DESK OFFICER 3. Immediately determine if prisoner presents a high risk of escape through
interview and a comprehensive background investigation.
a. Make determination as to whether a particular prisoner presents a
potential escape risk on a case-by-case basis. Factors that can be
considered in making this determination include:
(1) Seriousness of the offense charged,
(2) Prisoner’s unwillingness to identify himself /herself,
(3) Forcible resistance to arrest,

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-03 08/28/19 2 of 13

DESK OFFICER (4) Threats of violence and/or escape threats directed at


(continued) uniformed members of the service,
(5) Known history of violence, weapons possession, or
escape/attempted escape,
(6) Results of warrant and criminal history computer checks,
particularly the utilization of the Domestic Awareness System
(DAS) to obtain information on previous police contacts.
b. Prisoners designated “high risk” will have two uniformed
members of the service assigned to escort at all times.
c. Ensure a criminal history check is completed for every prisoner
arrested for Resisting Arrest (Section 205.30, Penal Law), Assault
2nd degree (Section 120.05, Penal Law, sub. 3), or Assault on a
Peace Officer, Police Officer, Fireman, or Emergency Medical
Services Professional (Section 120.08, Penal Law).
(1) If prisoner has been arrested for Resisting Arrest (Section
205.30, Penal Law), Assault 2nd degree (Section 120.05, Penal
Law, sub. 3), or Assault on a Peace Officer, Police Officer,
Fireman, or Emergency Medical Services Professional (Section
120.08, Penal Law) two or more times within the past five
years, the prisoner shall be deemed a ‘Resisting Recidivist.’
(2) Ensure all arrests involving a Resisting Recidivist are
enhanced by the precinct detective squad and that the District
Attorney’s Office puts forth all efforts towards a successful
prosecution.
d. If the prisoner appears to have a disability, which may affect
mobility, speech, hearing, or mental ability, appropriate auxiliary
aids to facilitate communication shall be used.
(1) A reasonable attempt shall be made to notify a relative or
friend.
(a) All such attempts will be documented by the
arresting or investigating uniformed member of the
service.
4. Have vehicle or other conveyance not required as evidence safeguarded,
if appropriate.
5. Question the arresting officer regarding:
a. Use of force, if applicable
6. Observe physical and mental condition of all prisoners entering command
and include results in Command Log.
a. Ensure that prisoners who appear to be ill, injured, or emotionally
disturbed obtain appropriate medical/psychiatric attention. (See P.G.
210-04, “Prisoners Requiring Medical/Psychiatric Treatment”)
b. Direct arresting officer to notify Health and Hospitals Corporation
(HHC) police, or hospital security personnel if no HHC police are
assigned to the hospital, whenever a prisoner is brought to their
facility for medical treatment.

NEW  YORK  CITY  POLICE  DEPARTMENT


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DESK OFFICER c. Direct arresting officer to notify Health and Hospitals Corporation
(continued) (HHC) police, or hospital security personnel if no HHC police are
assigned to the hospital immediately, if a prisoner escapes from
custody at the hospital.
d. Have arresting officer request a secured location that can be used for
treatment of prisoner, when available, from emergency room staff.
7. Notify commanding officer/duty captain to verify the arrest, if the arrest
is effected by an off-duty uniformed member of the service.
a. If arrest is effected by a member of another police agency, that
agency will be notified.

COMMANDING 8. Respond to stationhouse and verify arrest made by off-duty uniformed


OFFICER / member of the service.
DUTY CAPTAIN 9. Have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared
with details of arrest made by off-duty uniformed member of the service.

DESK OFFICER 10. Direct arresting officer to make a thorough search of the prisoner in your
presence.
a. Conduct all searches in accordance with P.G. 208-05, “Arrests –
General Search Guidelines.”
b. Once a strip search is authorized, (see P.G. 208-05, “Arrests –
General Search Guidelines,” step “1”, subdivision “C”), the desk
officer, precinct of occurrence/central booking supervisor will
ensure that the following entries are made in Department records:
(1) Command Log entry – including the basis for the strip search;
rank, name, and command of supervisor authorizing the search;
rank, name, and command of member of the service performing
the search; name of prisoner(s); and, the results of the search,
including negative results.
(2) The supervisor authorizing such a search will ensure the
command and Command Log page number of the entry will
be documented in the “Narrative” section of the ON-LINE
BOOKING SYSTEM ARREST WORKSHEET (PD244-149)
or the ARREST REPORT - SUPPLEMENT (PD244-157).
(3) Direct the arresting officer to prepare an ACTIVITY LOG
(PD112-145) entry of the above information. Also, include
on the Prisoner Movement Slip if prepared, the statement,
“Strip Searched,” with the command and Command Log
page number of the entry in the “Detention Alert” section of
the form under the sub-caption, “Other.” Consistent with
P.G. 203-10, “Public Contact – Prohibited Conduct”,
subdivision “a” following step “1”, indicate Preferred Name,
if any, on Prisoner Movement Slip.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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DESK OFFICER 11. Direct arresting officer to inquire of prisoner whether a dependent
(continued) adult/child is uncared for at prisoner’s residence.
a. Enter results of inquiry in Command Log.
b. Comply with P.G. 215-01, “Children or Minors Requiring Care
and/or Shelter,” if it is determined that dependent adult/child is
alone in prisoner’s residence.
12. Have the following property removed from prisoner:
a. Unlawfully carried
b. Required as evidence
c. Lawfully carried, but dangerous to life, would facilitate escape,
could be used to attempt/commit suicide, or assault another (e.g.,
articles containing glass or having sharp edges, belts, neckties,
shoelaces, drawstrings, etc.)
d. Can be used to deface or damage property
e. Personal (identification card, debit/credit cards, etc.), except
clothing, ONLY if prisoner is intoxicated or unconscious
f. Press Card issued by this Department
(1) Forward card to Deputy Commissioner, Public
Information, with report of facts.
g. Auxiliary Police Shield, Civil Defense Shield/Identification Card
(1) Forward to Auxiliary Police Section, with report of facts.
h. Legally possessed prescription drugs (including methadone)
(1) Invoice prescription drugs for safekeeping and place in
Plastic Security Envelope in prisoner’s presence. Issue
“Prisoner/Finder/Owner” copy of PROPERTY CLERK
INVOICE (PD521-141) as a receipt to prisoner.
(2) Prepare MEDICAL TREATMENT OF PRISONER
(PD244-150) to alert detention facility personnel that
prisoner may require a prescription drug.
(3) Return prescription drugs to prisoner upon release, if
prisoner is to be released on stationhouse bail, Desk
Appearance Ticket, voided arrest, etc. If not, deliver to
borough Property Clerk in normal manner.
i. Handgun License
(1) Forward license to the Commanding Officer, License
Division and comply with P.G. 212-118, “Incidents
Involving Holders of Handgun Licenses or Rifle/Shotgun
Permits” in regards to reporting the arrest of a handgun
licensee to the License Division and the removal of
firearms listed on the handgun license.
j. Rifle/Shotgun Permit
(1) Forward permit to the Commanding Officer, License Division
and comply with P.G. 212-118, “Incidents Involving Holders of
Handgun Licenses or Rifle/Shotgun Permits” in regards to
reporting the arrest of a rifle/shotgun permit holder to the License
Division and the removal of firearms registered under the permit.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
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208-03 08/28/19 5 of 13

DESK OFFICER k. New York City Police Department retiree identification card or
(continued) identification card of retired uniformed members of the service of
the former New York City Housing Police Department or the New
York City Transit Police Department.
(1) Forward card to Assistant Commissioner, Human Capital
Division, with report of facts.
13. Give itemized receipt for property temporarily removed from the prisoner
which is not to be held in police custody.
14. Ask prisoner(s) if they want any personal property they possess to be vouchered
for safekeeping, other than property removed under steps “12” and “13”.
a. A Command Log entry must be made indicating either the
prisoner refused or the PROPERTY CLERK INVOICE number
for property safeguarded.

ARRESTING 15. Request the assistance of the detective squad if the prisoner is arrested for
OFFICER homicide, serious assault, robbery, burglary, grand larceny, or other
serious or unusual crime.
16. Prepare arrest related documents as provided by the arrest processing officer.
a. Comply with any applicable provisions of P.G. 208-15, “Arrest
Report Preparation at Stationhouse.”
17. Provide complainant with prisoner’s name, charges, arresting officer’s
name, precinct of occurrence, PROPERTY CLERK INVOICE number,
if any, and the location of the appropriate court.
18. Advise prisoner, 17 years of age or older, of right to make three telephone
calls without charge.
a. One of the calls may be placed anywhere within the United States or
Puerto Rico. The remaining calls may be placed anywhere within
New York City.
b. Phone calls will not be allowed or may be terminated at any time if the calls
would compromise an ongoing investigation or prosecution, if the ends of
justice may be otherwise defeated, or a dangerous condition may be created.
c. Make telephone calls for the prisoner if the prisoner is incapacitated
by alcohol and/or drugs.
d. Make telephone calls, or request other appropriate auxiliary aids
(including the use of a qualified sign language interpreter or a
Telecommunication Relay Service [TRS]) to assist the prisoner in
making phone calls if the prisoner is unable to use a telephone due
to speech or hearing impairment. Should the prisoner request to
telephone an individual with a hearing or speech disability, dial
“711” for the TRS operator and be instructed accordingly.
e. Inform prisoner that phone number(s) and associated addresses
stored on a cellular phone that is not being invoiced as “Arrest” or
“Investigatory” evidence may be accessed and recorded for the
benefit of the prisoner in order to assist during pre-arraignment
processing at the borough Court Section.

NEW  YORK  CITY  POLICE  DEPARTMENT


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ARRESTING (1) Have prisoner sign CELLULAR PHONE INFORMATION


OFFICER CONSENT FORM (PD389-051), and provide passcode.
(continued) Retrieve up to three phone numbers, associated addresses (if
available), and contact names from the cellular phone.
(2) If consent is obtained and CONSENT FORM is signed:
retrieve only phone numbers, associated addresses (if available),
and contact names as listed in the cellular phone, and contact
name/relationship requested by prisoner and record on the ON-
LINE BOOKING SYSTEM ARREST WORKSHEET,
CONSENT FORM, and in Omniform system.
(3) If consent is obtained and prisoner refuses to sign CONSENT
FORM, write “REFUSED” on “Signature of Person
Consenting” line, witnessed by another uniformed member of the
service, and make an entry in ACTIVITY LOG documenting
refusal and comply with subdivision “(2)” above.
(4) If prisoner refuses to consent and sign CONSENT FORM,
write “REFUSED” on “Signature of Person Consenting” line and
make an entry in ACTIVITY LOG documenting refusal.
Cellular phone will not be accessed.
(5) Include photocopy of CONSENT FORM in arrest package,
and provide original copy to the prisoner prior to being
removed to the borough Court Section. Instruct the prisoner to
provide original copy of the form to the Criminal Justice
Agency (CJA) representative, as this will assist in the
processing of bail, etc.

NOTE The CONSENT FORM will be used to document contact information for three individuals
on behalf of CJA, and under no circumstances is any other information, conversation, or
image (e.g., photos, messages, emails, applications, etc.), to be obtained or recorded
without separately obtaining a consent to search for that purpose or a warrant. Refer to
P.G. 212-75, “Search Warrant Applications.”

If circumstances or conditions arise, requiring the retrieval of additional numbers from


the prisoner’s phone, the preparation of an additional CONSENT FORM will be
required. The arresting officer will note the preparation of a second CONSENT FORM at
the top of the first CONSENT FORM.

To ensure officer safety and to prevent escape of a prisoner or the destruction of


evidence while phone numbers are being retrieved, a prisoner must be either secured in
a holding cell, or by handcuffs.

In certain arrest situations, the prisoner may be granted possession of his/her phone to
retrieve contact numbers, provided the arresting officer can articulate there are no
safety and/or escape concerns, or risk of destruction of evidence, witness tampering, or
victim/witness intimidation.

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ARRESTING 19. Notify relatives or friends if the prisoner is under nineteen years of age,
OFFICER or is admitted to a hospital, or is apparently emotionally disturbed.
(continued) 20. Prepare a MISSING - UNIDENTIFIED PERSON REPORT (PD336-
151) and notify the precinct detective squad and the Missing Person
Squad, if unable to make the above notification.
a. If the notification is made after preparation of the MISSING -
UNIDENTIFIED PERSON REPORT, notify the detective
squad and the Missing Person Squad.
21. Comply with P.G. 214-07, “Cases for Legal Action Program,” if
applicable, which ensures that all New York City Public Housing
residents who are arrested pursuant to the execution of a search warrant
where contraband is recovered or arrested for a designated crime
committed on the grounds of any New York City Public Housing
Development are targeted for possible eviction proceedings.
22. Perform license check through FINEST, using the “DALL” format, on all
defendants arrested for the following:
a. Driving a stolen vehicle, or,
b. Driving an auto with an altered vehicle identification number
(VIN), or,
c. Driving an auto with stolen plates.
23. Deliver the following completed forms to the desk officer:
a. ON-LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-159).
(1) Ensure that any graffiti tag and/or gang-related nickname
is entered in the appropriate box, if applicable.
(2) Indicate any preferred name used by prisoner in
“Nickname/Alias/Maiden Name” section, prefaced by “P-”.
b. COMPLAINT REPORT WORKSHEET (PD313-152A), if appropriate.
(1) If the arrest is for a crime previously reported and recorded
on a COMPLAINT REPORT, use the serial number
assigned to the original COMPLAINT REPORT.
(2) Follow P.G. 208-11, “Arrest Processing – ‘Livescan’
Fingerprinting and Palmprinting” immediately upon desk
officer’s review and approval of COMPLAINT REPORT
WORKSHEET.
c. PROPERTY CLERK INVOICE WORKSHEET (PD521-
141A) for evidence or other property taken into police custody.
(1) A separate WORKSHEET will be prepared for firearms,
narcotics, or other property requiring analysis at the Police
Laboratory.
d. REQUEST FOR LABORATORY EXAMINATION REPORT
(PD521-168), if required.
e. DESK APPEARANCE TICKET INVESTIGATION (PD360-
081), if appropriate.
f. JUVENILE ARREST INVESTIGATION/PROBATION
INTAKE REPORT WORKSHEET (PD277-151A), if appropriate.
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ARRESTING (1) One copy of typed report will be forwarded with the arrest
OFFICER documents and distribute the remaining copies to the
(continued) precinct youth officer, Youth Strategies Division, and
juvenile detention facility, if juvenile is detained.
g. MEDICAL TREATMENT OF PRISONER, if prepared.
(1) Prepare the form if the prisoner receives medical/psychiatric
treatment, refuses treatment after claiming an injury or illness,
already has previously treated prior injuries, is in apparent
need of treatment, or may require prescribed medication.
(2) If the prisoner is issued a DESK APPEARANCE TICKET,
file the “Buff” copy of the MEDICAL TREATMENT OF
PRISONER form in a folder maintained at the desk of the
precinct of arrest/designated arrest facility and forward the
remaining copies of the form to the borough court section
concerned, in DAT ARREST PACKAGE (PD260-123).
h. TRESPASS CRIMES – FACT SHEET AND SUPPORTING
DEPOSITION (PD351-144), if appropriate.
(1) Prepare the form if the arrest includes a charge for trespass or
criminal trespass in a Trespass Affidavit Program or New
York City Housing Authority building.
24. Prepare ARREST DOCUMENTATION CHECKLIST (PD240-010).
a. Check appropriate box for each document/form delineated on the
checklist.
b. List individually all other documents/forms prepared.
25. Deliver ARREST DOCUMENTATION CHECKLIST with the
following items to the desk officer:
a. Photocopies/snap-out copies of the documents and forms delineated
on the CHECKLIST in every case in which they are prepared
b. Photocopies of all other documents/forms prepared
c. Photographs of evidence motor vehicles returned to owner (see
P.G. 218-18, “Photographing Stolen Evidence Vehicles When an
Arrest is Made”).

DESK OFFICER 26. Examine all documents/forms to ensure completeness and accuracy and
sign all documents/forms as required.
a. Review ARREST DOCUMENTATION CHECKLIST to
ensure all documents and forms prepared in connection with the
arrest are listed on the CHECKLIST and are available.
b. Return CHECKLIST to arresting officer for delivery to the
District Attorney or Corporation Counsel in the Complaint Room
or deliver in accordance with borough guidelines.
27. Ensure the arresting officer has complied with P.G. 214-07, “Cases for
Legal Action Program,” if applicable.

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DESK OFFICER 28. Ascertain that the following entries are made:
(continued) a. Statement that a prisoner, charged with criminal possession of a
controlled substance with intent to sell or unlawful sale of a
controlled substance, is a seller, and indicate reasons for that
conclusion in the narrative block of the ON-LINE BOOKING
SYSTEM ARREST WORKSHEET.
b. Names, addresses, and telephone numbers of witnesses are
entered on the COMPLAINT REPORT or the Omniform
Complaint Revision, if prepared.
c. Statement on PROPERTY CLERK INVOICE that property
(other than vehicle) is valuable, contains identifying marks, and
that the Stolen Property Inquiry Section (SPIS) was notified,
including the name and rank/title of the person at SPIS notified.
d. Information concerning alarms transmitted or cancelled, with
operator’s name entered on COMPLAINT REPORT and
PROPERTY CLERK INVOICE, as required. State and police
agency must be included if alarm is transmitted by other than a
New York State agency. If no alarm is transmitted, state so.
e. A hard copy of the FINEST screen containing the notification to
S.P.I.S. is attached to the COMPLAINT REPORT, Omniform
Complaint Revision or PROPERTY CLERK INVOICE,
whichever most accurately reflects the current status of a motor
vehicle/boat/plate being reported stolen, recovered, etc.
f. Enter details of notification in Command Log (name, address,
relationship) when prisoner is of unsound mind, or under nineteen
years of age, or is admitted to a hospital.
g. Enter in Command Log information concerning release of
prisoner to member of Highway District to conduct required tests.
h. Enter chemical test results on ON-LINE BOOKING SYSTEM
ARREST WORKSHEET under caption, “Narrative.”
i. Enter any change in the custody of the prisoner in the Command
Log and notify borough Court Section for computer entry of new
prisoner location.
j. Document any other pertinent facts in the Command Log,
including serial numbers of any forms prepared regarding arrest.
k. Notify Court Section supervisor for computer entry when prisoner is
admitted to a hospital (see P.G. 210-02, “Hospitalized Prisoner”).
(1) Record notification in Telephone Record.
l. Ensure that all phone calls, up to a maximum of three, or refusal to make
phone calls, are recorded on the ON-LINE BOOKING SYSTEM
ARREST WORKSHEET and properly entered into Omniform.
29. Refer “FOA” cases (offenses not triable in New York City courts or
violation of parole or probation) to detective squad.
30. Direct that “Have Arrested Message” is transmitted, if required.
31. Make notifications as required by P.G. 208-69, “Notifications in Certain
Arrest Situations.”
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DESK OFFICER 32. Request borough Court Section concerned to provide transportation only
(continued) when large numbers of prisoners must be transported or unusual
circumstances dictate use of a patrolwagon.
33. Confer with borough Court Section supervisor prior to transporting a
prisoner who is confined to a wheelchair or otherwise mobility impaired,
and be guided by his/her direction regarding lodging and further
processing.
34. Return the following forms to the arresting officer for delivery to the
assistant district attorney in the Complaint Room or deliver in accordance
with borough procedures.
a. ON-LINE BOOKING SYSTEM ARREST WORKSHEET
b. Fingerprint forms, if prepared
c. Copy of DESK APPEARANCE TICKET INVESTIGATION,
in every misdemeanor and violation case
d. “ADA” copy of the PROPERTY CLERK INVOICE, if
evidence has been invoiced
e. SUPPORTING DEPOSITION (PD244-060), if prepared
f. MEDICAL TREATMENT OF PRISONER form, if prepared
g. JUVENILE ARREST INVESTIGATION/PROBATION
INTAKE REPORT WORKSHEET, if prepared.
35. Make necessary entries in Command Log, Interrupted Patrol Log, and
ROLL CALL, when required, indicating arresting officer’s time of
departure to borough Court Section.
36. Notify Manhattan Court Section if prisoner indicates a refusal to remove
their religious head covering for the official Department photograph at
borough Court Section.
a. Inform Manhattan Court Section of the gender of the arrestee in
order to have a member of the service of the same gender
available to take the official Department photo.
b. Direct arresting officer to transport prisoner to the Mass Arrest
Processing Center (MAPC) at One Police Plaza, between 0800
and 2400 hours, where the arrestee will have an official
Department picture taken without their religious head covering.
c. Direct arresting officer to transport prisoner to the respective
borough Court Section upon completion of the official
Department photograph at the MAPC.

ARRESTING 37. Deliver prisoner to borough Court Section or lodging location designated
OFFICER/ by borough Court Section concerned.
ESCORTING a. Inform borough Court Section supervisor if prisoner(s) was strip-
OFFICER searched, including reason for and results of the search.
38. Present all forms relating to arrest to the borough Court Section supervisor.
39. Comply with all directions of the borough Court Section supervisor.

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BOROUGH 40. Examine all forms to verify completeness and accuracy.


COURT 41. Forward a complete set of MEDICAL TREATMENT OF PRISONER
SECTION form, if prepared, with arresting/escorting officer to Department of
SUPERVISOR Corrections (see P.G. 210-04, “Prisoners Requiring Medical/Psychiatric
Treatment”).
a. Arresting/escorting officer will obtain receipted pink copy of the
form and return it to the borough Court Section facility.
42. Ensure that the computer-generated Prisoner Movement Slip has a notation
in the Detention Alert section when a prisoner is violent, resists arrests, is
emotionally disturbed, threatens, or attempts suicide. When a prisoner has
been strip-searched, enter that fact under “Other,” in the Detention Alert
section. Include the command and Command Log page number for
reference. A notation indicating that the prisoner has been strip-searched
will also be made on the PRISONER TRANSPORT DISPATCH
(PD171-132) for notification to the desk officer, precinct of detention.
43. Notify Manhattan Court Section if prisoner refuses to remove their
religious head covering for the official Department photograph.
a. Inform Manhattan Court Section of the gender of the arrestee in
order to have a member of the service of the same gender
available to take the official Department photo.
b. Direct arresting officer to transport prisoner to the Mass Arrest
Processing Center (MAPC) at One Police Plaza, between 0800
and 2400 hours, where the arrestee will have an official
Department picture taken without their religious head covering.
c. Direct arresting officer to return the prisoner to the borough Court
Section upon completion of the official Department photograph at
the MAPC.
44. Return the following arrest-related documents to command for filing in
arrest folder:
a. Arresting officer’s copy of the Court Complaint
b. ON-LINE BOOKING SYSTEM ARREST WORKSHEET
c. “Arresting Officer” copy of the PROPERTY CLERK
INVOICE, if prepared.

ARRESTING 45. Notify assistant district attorney drawing up the court complaint of all
OFFICER verbal and written statements made by the defendant, and any procedures
used to assist a witness or complainant to identify the defendant.
a. Record this notification in ACTIVITY LOG.
46. Bring all related papers to each subsequent court appearances.

PRECINCT 47. Follow up on arrests of youths under 17 years of age.


YOUTH
OFFICER

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208-03 08/28/19 12 of 13

ADDITIONAL ARRESTEE SURRENDERS AT LAW ENFORCEMENT FACILITY


DATA
When a prisoner has surrendered at a law enforcement facility and is accompanied by
an attorney, the uniformed member of the service may request authorization from the
immediate supervisor not to use handcuffs, after the supervisor and the member have
evaluated the following criteria:
a. Potential threat to the officer, prisoner, and other persons
b. Possibility of prisoner escaping.

UNDER NO CIRCUMSTANCES WILL ARREST PROCESSING BE UNNECESSARILY


DELAYED TO OBTAIN THE DOCUMENTS REQUIRED UNDER STEP “25”.

ARREST REPORT PEDIGREE


For booking purposes, a member of the service shall write an arrestee’s name and
gender at it appears on a driver’s license, permit, or non-driver photo identification. If
the arrestee uses a Preferred Name, that name shall be listed in the:

a. “Preferred Name” section of the PRISONER PEDIGREE CARD (PD244-092)


b. Next to defendant’s name on the Prisoner Movement Slip, prefaced by
“Preferred Name:”
c. “Nickname/Alias/Maiden Name” section of the ON-LINE BOOKING SYSTEM
ARREST WORKSHEET, prefaced by “P-”.

Consistent with P.G. 203-10, “Public Contact – Prohibited Conduct”, subdivision “a”
following step “1”, regardless of whether the name on the arrestee’s identification
coincides with the arrestee’s gender identity, the member of the service shall refer to the
arrestee by the preferred name, if any, as requested. The member shall use the pronouns
consistent with that name in addressing or referring to the arrestee.

ARRESTS BY DEPARTMENT OF ENVIRONMENTAL PROTECTION POLICE


When assisting a Department of Environmental Protection (DEP) police officer during arrest
processing, arrest processing officers and desk officers will continue to be guided by the following
Patrol Guide provisions: P.G. 208-02, “Arrests - Removal to Department Facility for Processing”,
P.G. 208-03, “Arrests - General Processing”, P.G. 208-15, “Arrest Report Preparation at
Stationhouse” and P.G. 210-03, “Hospitalized Prisoners - Arrests by Members of Other Police
Agencies.”

DEP police personnel will normally be responsible for transporting their own officers and
prisoners to the borough Court Section. However, when circumstances permit, the desk officer
may direct precinct personnel responding to the borough Court Section facility to also transport
the DEP police officer and his/her prisoner. In all other cases, the DEP arresting officer will
report to the Complaint Room for affidavit preparation.

RELATED Public Contact - Prohibited Conduct (P.G. 203-10)


PROCEDURES Arrests - Removal to Department Facility for Processing (P.G. 208-02)
Arrest - General Search Guidelines (P.G. 208-05)
Arrests - Security Measures (P.G. 208-06)
Rights of Persons Taken into Custody (P.G. 208-09)

NEW  YORK  CITY  POLICE  DEPARTMENT


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RELATED Arrest Processing - “Livescan” Fingerprinting and Palmprinting (P.G. 208-11)


PROCEDURES Arrest Report Preparation at Stationhouse (P.G. 208-15)
(continued) Performing Local, State and Federal Warrant Checks (P.G. 208-22)
Notifications in Certain Arrest Situations (P.G. 208-69)
Notification to the Detective Bureau when a Specified Condition Exists/is Suspected (P.G. 208-73)
Hospitalized Prisoners (P.G. 210-02)
Prisoner Requiring Medical/Psychiatric Treatment (P.G. 210-04)
Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90)
Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118)
Interaction with Hearing Impaired Persons (P.G. 212-104)
Cases for Legal Action Program (P.G. 214-07)
Children or Minors Requiring Care and/or Shelter (P.G. 215-01)
Utilization of the Juvenile Desk (P.G. 215-21)
Photographing Stolen Evidence Vehicles when an Arrest is Made (P.G. 218-18)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS AIDED REPORT
ARREST REPORT - SUPPLEMENT (PD244-157)
ARREST DOCUMENTATION CHECKLIST (PD240-010)
COMPLAINT REPORT WORKSHEET (PD313-152A)
DAT ARREST PACKAGE (PD260-123)
DESK APPEARANCE TICKET INVESTIGATION (PD360-081)
CELLULAR PHONE INFORMATION CONSENT FORM (PD389-051)
JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT
WORKSHEET (PD277-151A)
MEDICAL TREATMENT OF PRISONER (PD244-150)
MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413)
MISSING – UNIDENTIFIED PERSON REPORT (PD336-151)
ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
PRISONER PEDIGREE CARD (PD244-092)
PRISONER TRANSPORT DISPATCH (PD171-132)
PROPERTY CLERK INVOICE (PD521-141)
PROPERTY CLERK INVOICE WORKSHEET (PD521-141A)
REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168)
SUPPORTING DEPOSITION (PD244-060)
TRESPASS CRIMES – FACT SHEET AND SUPPORTING DEPOSITION (PD351-144)
UNUSUAL OCCURRENCE REPORT (PD370-152)
Omniform Complaint Revision

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-04

ARREST BY A CIVILIAN
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To assist a citizen in making a lawful arrest.

PROCEDURE On being informed by a civilian that he has made an arrest:

UNIFORMED 1. Determine if there is reasonable cause to believe that person arrested committed the
MEMBER OF offense in question or any related offense and if civilian has authority to make arrest.
THE SERVICE 2. Accompany civilian and prisoner to stationhouse.

DESK OFFICER 3. Determine validity of arrest.


a. If arrest not lawful, follow “Release of Prisoners” procedure.
4. Assign a uniformed member of the service to process the arrest and
comply with appropriate arrest procedures.
5. Direct that civilian be recorded as having made arrest.
6. Ascertain if member can complete arrest process within scheduled tour.
a. Direct member to continue processing arrest and request relief
prior to end of tour, if member cannot complete arrest processing.

UNIFORMED 7. Prepare all necessary arrest documents and forward to relieving officer.
MEMBER OF 8. Inform relieving officer of details concerning arrest.
THE SERVICE

RELIEVING 9. Enter information received concerning details of arrest in ACTIVITY


OFFICER LOG (PD112-145).

NOTE Information should be sufficiently detailed to enable the relieving officer to apprise the
Assistant District Attorney assigned to the Complaint Room of the facts of the case.

10. Ensure that civilian complainant appears in court, if required.

ADDITIONAL All pertinent provisions of Department orders applicable to arresting officers shall
DATA apply to assigned members.
When a uniformed member of the service believes that an arrest effected by a civilian
member of the Traffic Enforcement Division is unwarranted, the member will request the
patrol supervisor to respond to the scene. If that is not possible, escort all parties to
stationhouse for final determination.

RELATED Arrest Report Preparation At Stationhouse (P.G. 208-15)


PROCEDURES Release Of Prisoners-General Procedure (P.G. 210-13)
Arraignment Without Complainant (P.G. 211-03)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-05

ARRESTS - GENERAL SEARCH GUIDELINES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 5

ARRESTING 1. Comply with the provisions of P.G. 208-02, “Arrests-Removal to


OFFICER Department Facility for Processing,” P.G. 208-03, “Arrests-General
Processing,” P.G. 208-15, “Arrest Report Preparation at Stationhouse”
and the following:

SEARCH OF ARRESTED PERSONS


To maximize security and minimize potential hazards to the arresting officer, the
arrested person, and other Department personnel, the following guidelines are
published for the information of all members of the service:

A. FRISK/FIELD SEARCH
(1) A frisk, performed primarily to ensure the personal safety of the arresting
officer, is a methodical external body examination of the arrested person
conducted immediately after apprehension to find weapons, evidence, or
contraband. The frisk should be conducted before or immediately after
the subject is rear handcuffed, depending upon particular circumstances,
temperament of the subject, and escape potential. A thorough external
body examination is made by sliding the hand over the subject’s body,
feeling for weapons or other objects, with special attention to the
waistband, armpit, collar, and groin areas. If an unusual object is
detected, the officer will reach into or under the clothing to remove it.

B. SEARCH AT POLICE FACILITY


(1) Upon arrival at precinct of arrest or other Department facility, the
arresting officer (if he/she is of the same gender as prisoner) or another
designated member of the same gender as the prisoner, shall conduct a
thorough search of the prisoner’s person and clothing to ensure the safety
of all persons within the facility and to remove weapons, contraband,
and evidence not discovered by the frisk. Other items lawfully carried
but that are dangerous to life, may facilitate escape, or may be used to
damage Department property will also be removed from the subject.
(2) A search at a police facility, which is not the same as a “strip search,”
includes the removal of outer garments (e.g., overcoats, jackets,
sweaters, vests, hats, wigs, ties, belts, shoelaces, drawstrings, shoes,
socks, handbags, wallets, etc.). All pockets are to be emptied and all
clothing not removed will be examined by grabbing, crushing and
squeezing the garments and by sliding the hands across the body to
detect articles that may be underneath or sewn to the clothing.
(3) Inform prisoner wearing a religious head covering that it must be
searched.
a. Advise prisoner search may be conducted in private, if he/she
prefers.

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208-05 03/18/19 2 of 5

ARRESTING b. Comply with P.G. 221-13, “Mentally Ill or Emotionally


OFFICER Disturbed Persons,” if prisoner refuses to remove religious head
(continued) covering for search.
c. Search religious head covering for weapons and contraband and
return it to the prisoner.
d. A religious head covering will not be routinely removed, unlike
outer garments that are removed (e.g., belts, neckties, shoelaces,
drawstrings, etc.), unless there is an articulable reason to believe
it is likely to be dangerous to life, is likely to facilitate escape, or
is likely to be used to damage Department property.
e. If a religious head covering is removed due to safety/security
concerns, the desk officer will make a Command Log entry
indicating the reason.

NOTE In cases where there is a disagreement between the desk officer and an arresting officer’s
immediate supervisor from an outside command as to whether or not to remove a religious
head covering for safety/security concerns, the desk officer will make the final determination.

(4) In order to achieve a balance between the privacy and personal


dignity concerns of arrestees, the desk officer or supervisor
supervising a search at a police facility shall assign a uniformed
member to conduct the search as follows:
a. In situations where an arrestee’s gender is not immediately
apparent or an arrestee objects to the gender of the member
assigned to perform the search, the desk officer or supervisor
supervising the search will assign a uniformed member of
the gender requested by the arrestee, consistent with officer
safety and resource availability. Consistent with the privacy
concerns of the arrestee, only those officers reasonably
necessary to conduct the search should be present for the
search.
b. Under no circumstances shall members of the service
conduct searches for the purpose of determining gender.
Additionally, officers shall not ask questions about an
arrestee’s anatomy without a reasonable basis for doing so.
Refer to P.G. 203-10, “Public Contact – Prohibited
Conduct.”

NOTE In the event the gender of the officer assigned to conduct the search differs from the gender
requested by the arrestee, the desk officer or supervisor supervising the search shall make
a detailed entry in the Command Log regarding the factors considered in assigning
member(s) to conduct the search and identities of the uniformed member(s) who actually
conducts the search.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-05 03/18/19 3 of 5

ARRESTING C. STRIP SEARCH


OFFICER (1) A strip search is any search in which an individual’s undergarments
(continued) (e.g., bra, underwear, etc.) and/or private areas are exposed or in
which an individual’s clothing is removed, lifted up, or pulled down to
expose undergarments or private areas. A strip search of a prisoner
may not be conducted routinely in connection with an arrest. Strip
searches may only be conducted with the knowledge and approval of
the arresting officer’s immediate supervisor or the borough Court
Section supervisor. A strip search may only be conducted when the
arresting officer reasonably suspects that weapons, contraband, or
evidence may be concealed upon the person or in the clothing in such
a manner that they may not be discovered by the previous search
methods.

NOTE If a strip search is conducted, such information will be entered in the Command Log,
arresting officer’s ACTIVITY LOG (PD112-145), and also documented on the ON-LINE
BOOKING SYSTEM ARREST WORKSHEET (PD244-159) or the ARREST REPORT -
SUPPLEMENT (PD244-157). A subsequent strip search will not be conducted unless there is
reasonable belief that the subject has acquired a weapon or contraband.

(2) The arresting officer requesting authorization to conduct a strip search


must describe the factual basis for the request to the officer’s immediate
supervisor/borough Court Section supervisor. A supervisor will
authorize a strip search only when an arresting officer has articulated a
reasonable suspicion that the individual is concealing evidence,
contraband, or a weapon. Note, this is a different standard than the
probable cause required for the arrest. The immediate supervisor of the
arresting officer/borough Court Section supervisor, based on the facts
presented, will determine if a strip search should be conducted. The
supervisor authorizing the strip search is responsible for ensuring the
search is conducted properly.
(3) Other factors that should be considered in determining whether an
appropriate basis exists for a strip search include the nature of the
crime (i.e., serious violent felony), arrest circumstances, subject’s
reputation (i.e., extremely violent person), acts of violence,
unaccounted “hits” on magnetometers or walk-through metal
detectors, and any discoveries or information from previous
searches of the same individual or others arrested with him/her.

NOTE In cases where there is a disagreement between the desk officer and an arresting officer’s
immediate supervisor from an outside command as to whether or not to conduct the strip
search, the desk officer will notify the precinct/police service area/transit district
commanding officer or duty captain. The precinct/police service area/transit district
commanding officer or duty captain will make the final decision whether or not to conduct
the strip search.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-05 03/18/19 4 of 5

ARRESTING (4) A strip search shall be conducted only by a member of the same gender as
OFFICER the arrested person, in a secure area, in utmost privacy, and in the presence
(continued) of only those members of the service reasonably necessary to conduct the
search. In order to achieve a balance between the privacy and
personal dignity concerns of arrestees, the desk officer or supervisor
supervising a strip search shall assign a uniformed member to
conduct the search as follows:
a. In situations where an arrestee’s gender is not immediately
apparent or an arrestee objects to the gender of the member
assigned to perform the search, the desk officer or supervisor
supervising the search will assign a uniformed member of
the gender requested by the arrestee, consistent with officer
safety and resource availability.
b. Under no circumstances shall members of the service
conduct searches for the purpose of determining gender.
Additionally, officers shall not ask questions about an
arrestee’s anatomy without a reasonable basis for doing so.
Refer to P.G. 203-10, “Public Contact – Prohibited
Conduct.”

NOTE In the event the gender of the officer assigned to conduct the search differs from the gender requested
by the arrestee, the desk officer or supervisor supervising the search shall make a detailed entry in the
Command Log regarding the factors considered in assigning member(s) to conduct the search and
identities of the uniformed member(s) who actually conducts the search.

It should not be necessary to touch the subject’s body, except for the
examination of the hair. UNDER NO CONDITIONS SHALL A
BODY CAVITY SEARCH BE CONDUCTED BY ANY MEMBER
OF THE SERVICE. If pursuant to a strip search, any object or foreign
material is visually detected within any body cavity of the suspect, the
desk officer will be notified immediately. The object WILL NOT be
removed without first obtaining a search warrant. Once the search
warrant is obtained, members of the service must seek the assistance of
a medical professional in order to remove the object.
(5) A strip search will not be conducted after a decision is made to void an
arrest or to release the prisoner immediately upon issuance of a summons.

RELATED Public Contact - Prohibited Conduct (P.G. 203-10)


PROCEDURES Arrests - Removal to Department Facility for Processing (P.G. 208-02)
Arrests - General Processing (P.G. 208-03)
Arrests - Security Measures (P.G. 208-06)
Arrest Report Preparation at Stationhouse (P.G. 208-15)
Performing Local, State and Federal Warrant Checks (P.G. 208-22)
Notification to the Detective Bureau when a Specified Condition Exists/is Suspected (P.G. 208-73)
Mentally Ill or Emotionally Disturbed Persons (P.G. 221-13)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-05 03/18/19 5 of 5

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS ARREST REPORT - SUPPLEMENT (PD244-157)
ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-07

PHOTOGRAPHABLE OFFENSES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/18 10/18/18 1 of 2

PURPOSE To obtain official Department photographs of persons arrested for felonies,


certain misdemeanors, or certain other offenses.

PROCEDURE Follow normal arrest procedure and:

UNIFORMED 1. Photograph person arrested as indicated below:


MEMBER OF a. Adult prisoners if charged with:
THE SERVICE (1) Felony
(2) Misdemeanor as defined in Penal Law
(3) Misdemeanor defined outside the Penal Law which would
constitute a felony if such person was previously convicted
of a crime
(4) Loitering for purpose of engaging in prostitution - Section
240.37, subdivision 2, Penal Law.
b. Adolescent Offender charged with any felony.
c. Juvenile Offender - A person less than 16 years of age taken into
custody and charged with a felony as indicated:
(1) 13, 14 and 15 years of age charged with Murder 2nd
Degree (Section 125.25, subdivisions 1 and 2)
(2) 14 or 15 years of age charged with Murder 2nd Degree
(Felony Murder - subdivision 3) if the underlying felony is
listed in subdivision (3), items (a) through (k) below.
(3) 14 or 15 years of age and charged with:
(a) Assault 1st Degree - Section 120.10, subdivisions 1
and 2
(b) Manslaughter 1st Degree - Section 125.20
(c) Rape 1st Degree - Section 130.35, subdivisions 1
and 2
(d) Criminal Sexual Act 1st Degree - Section 130.50,
subdivisions 1 and 2
(e) Kidnapping 1st Degree - Section 135.25
(f) Burglary 1st Degree - Section 140.30 AND
Burglary 2nd Degree Section 140.25, subdivision 1
(g) Arson 1st and 2nd Degrees - Sections 150.20 and
150.15
(h) Robbery 1st Degree - Section 160.15 AND
Robbery 2nd Degree Section 160.10, subdivision 2
(i) Aggravated Sexual Abuse 1st Degree - Section
130.70
(j) Attempted Murder 2nd Degree - Section 110.00;
Section 125.25 OR Attempted Kidnapping 1st
Degree - Section 110.00; Section 135.25.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-07 10/18/18 2 of 2

UNIFORMED (k) Criminal Possession of a Weapon 2nd Degree -


MEMBER OF Section 265.03 and the offense takes place on
THE SERVICE school grounds.
(continued)

NOTE School grounds consist of any building or property within the property line of a public,
private or parochial school from elementary up to and including high school or within
1,000 feet of the property line of such school (Penal Law Section 220.00, subdivision 14).

d. Other Juvenile (not classified Juvenile Offenders):


(1) 11 years of age or older - charged with an A or B felony
(2) 13 years of age or older - charged with any felony.

ADDITIONAL An official Department photograph is taken by a member of the Photo Unit for any of the
DATA offenses listed above.

Photos may be taken if the arresting/assisting officer is unable to ascertain prisoner’s


identity, if officer reasonably suspects that the identity given by the prisoner is not
accurate or if the officer reasonably suspects that the person is wanted by another law
enforcement officer or agency for the commission of another offense.

If arrestee refuses to remove their religious head covering for a photograph taken for
identification purposes (i.e., Prisoner Movement Slip), the arresting officer will take a
digital photograph of the arrestee wearing their religious head covering. The arresting
officer will then inform the arrestee that the Department is required to take an official
Department photograph at the borough Court Section in which the arrestees head
covering must be removed. If the arrestee indicates that they will continue to refuse to
remove their religious head covering at the borough Court Section they will be informed
that they will be transported to the prisoner photography facility at the Mass Arrest
Processing Center (MAPC), at One Police Plaza between 0800 and 2400 hours where
their head gear will be removed and an official Department photograph will be taken in
privacy. Furthermore, the arrestee will be informed that their arrest processing may be
delayed due to operational requirements incumbent in using the MAPC. Notification to
Manhattan Court Section must be made before the arrestee is transported.

A hospitalized prisoner who is charged with a photographable misdemeanor may be


issued a Desk Appearance Ticket, if eligible, and photographs will NOT be taken.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-08

FINGERPRINTABLE AND PALMPRINTABLE OFFENSES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/18 10/18/18 1 of 2

PURPOSE To establish positive identification of persons arrested and provide arraignment


court with prior criminal record.

PROCEDURE Follow normal arrest procedure and:

ARRESTING 1. Fingerprint and palmprint person arrested utilizing Livescan as indicated


OFFICER/ below:
ARREST a. Adult prisoners if charged with:
PROCESSING (1) Felony
OFFICER (2) Misdemeanor as defined in Penal Law
(3) Misdemeanor defined outside the Penal Law which would
constitute a felony if such person was previously convicted
of a crime
(4) Loitering for purpose of engaging in prostitution - Section
240.37, subdivision 2, Penal Law.
b. Adolescent Offender charged with any felony.
c. Juvenile Offender - A person less than 16 years of age taken into
custody and charged with a felony as indicated:
(1) 13, 14 and 15 years of age charged with Murder 2nd
Degree (Section 125.25, subdivisions 1 and 2)
(2) 14 or 15 years of age charged with Murder 2nd Degree
(Felony Murder - subdivision 3) if the underlying felony is
listed in subdivision (3), items (a) through (k) below.
(3) 14 or 15 years of age and charged with:
(a) Assault 1st Degree - Section 120.10, subdivisions 1
and 2
(b) Manslaughter 1st Degree - Section 125.20
(c) Rape 1st Degree - Section 130.35, subdivisions 1
and 2
(d) Criminal Sexual Act 1st Degree - Section 130.50,
subdivisions 1 and 2
(e) Kidnapping 1st Degree - Section 135.25
(f) Burglary 1st Degree - Section 140.30 AND
Burglary 2nd Degree Section 140.25, subdivision 1
(g) Arson 1st and 2nd Degrees - Sections 150.20 and
150.15
(h) Robbery 1st Degree - Section 160.15 AND
Robbery 2nd Degree Section 160.10, subdivision 2
(i) Aggravated Sexual Abuse 1st Degree - Section
130.70
(j) Attempted Murder 2nd Degree - Section 110.00;
Section 125.25 OR Attempted Kidnapping 1st
Degree - Section 110.00; Section 135.25.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-08 10/18/18 2 of 2

ARRESTING (k) Criminal Possession of a Weapon 2nd Degree -


OFFICER/ Section 265.03 and the offense takes place on
ARREST school grounds.
PROCESSING
OFFICER
(continued)

NOTE School grounds consist of any building or property within the property line of a public,
private or parochial school from elementary up to and including high school or within a
thousand feet of the property line of such school (Penal Law Section 220.00, subdivision 14).

d. Other Juvenile (not classified Adolescent Offenders or Juvenile


Offenders)
(1) 11 years of age or older - charged with an A or B felony
(2) 13 years of age or older - charged with any felony.

NOTE Fingerprints and palmprints may be taken if the arresting/assisting officer is unable to
ascertain prisoner’s identity, if officer reasonably suspects that the identity given by the
prisoner is not accurate or if the officer reasonably suspects that the person is wanted by
another law enforcement officer or agency for the commission of another offense.

2. Take one clear front view photo of juvenile and on the reverse side enter
the following information:
a. Name of juvenile
b. Date of birth
c. Mother’s full name, include maiden name
d. Date and precinct of arrest
e. COMPLAINT REPORT (PD313-152) and arrest number and
crime(s) charged.
3. Forward photograph promptly in sealed envelope to the Identification
Section, Youth Records Unit.

NOTE If juvenile is taken directly to Family Court, a member of the borough Court Section or
arresting/assigned officer will take fingerprints and photograph for the charges included
in Section 1(c) and forward as above.

ADDITIONAL Whenever prisoners must be fingerprinted and palmprinted as a result of being charged
DATA with one or more of the above-listed offenses or may be fingerprinted and palmprinted
for identification purposes, a photograph may also be taken.

RELATED Photographable Offenses (P.G. 208-07)


PROCEDURES

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-09

RIGHTS OF PERSONS TAKEN INTO CUSTODY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To advise persons taken into custody of their constitutional rights.

PROCEDURE Prior to questioning a person taken into custody:

UNIFORMED 1. Inform such person of the following constitutional rights (Miranda


MEMBER OF Warnings):
THE SERVICE a. You have the right to remain silent and refuse to answer any
questions. Do you understand?
b. Anything you say may be used against you in a court of law. Do
you understand?
c. You have the right to consult an attorney before speaking to the
police and to have an attorney present during any questioning now
or in the future. Do you understand?
d. If you cannot afford an attorney, one will be provided for you
without cost. Do you understand?
e. If you do not have an attorney available, you have the right to
remain silent until you have an opportunity to consult one. Do
you understand?
f. Now that I have advised you of your rights, are you willing to
answer questions?
2. Explain any portion of the rights that the person in custody does not understand.
a. If the person in custody and/or the parents/guardians of a juvenile in custody
appear to have difficulty understanding/communicating in English, the member
of the service concerned should comply with P.G. 212-90, “Guidelines for
Interaction with Limited English Proficient (LEP) Persons.” If the prisoner
and/or the parents/guardians of a juvenile in custody appear to be hearing
impaired, the member of the service concerned should comply with P.G. 212-
104, “Interaction with Hearing Impaired Persons.” The use of a bilingual
employee or the Language Initiative Program is the preferential method for
interpretation when interacting with a prisoner. It is recommended that
certified members of the Language Initiative Program be used for custodial
interrogations. Appropriate command log entries will be made when
interpretation services are utilized.
3. Cease interrogation if subject wants an attorney or wishes to remain silent.
4. Contact attorney for person in custody.

NOTE Before questioning juveniles, both the juvenile and the parent/guardian must be read
Miranda warnings by utilizing MIRANDA WARNINGS FOR JUVENILE
INTERROGATIONS (PD244-1413). The juvenile may be questioned if he/she waives these
rights in the presence of the parent/guardian. The parent/guardian does not have to
separately waive the rights; they only need to be advised of such rights. If, however, the
parent/guardian objects to the questioning or requests an attorney for the juvenile, no
questioning should occur, even if the juvenile is willing to answer questions.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-09 08/01/13 2 of 3

DESK OFFICER/ 5. Inform prisoner of presence of attorney and ask if he wants to see the
SUPERVISOR attorney.
CONCERNED

NOTE If an attorney states that he represents a prisoner but does not know the identity of the
prisoner, he will not be permitted to interview him.

6. Permit interview to be conducted in muster room for a reasonable time.


7. Assign uniformed member of the service to keep prisoner and attorney
under continuous observation at all times. Ensure that no objects are
passed between the prisoner and the attorney.
8. Enter under “Details” of the ON LINE BOOKING SYSTEM ARREST
WORKSHEET(PD244-159):
a. Name, address and phone number of attorney and identity of
person who retained him
b. If interview was conducted
c. Time of attorney’s arrival and departure.

IF INTERVIEW WAS CONDUCTED AT BOROUGH COURT SECTION


FACILITY OR AT A PRECINCT OTHER THAN THE PRECINCT OF ARREST

DESK OFFICER/ 9. Notify the desk officer of precinct of arrest giving required information.
SUPERVISOR 10. Make a Command Log entry of interview and notification.
CONCERNED 11. Record information in the ON LINE BOOKING SYSTEM ARREST
WORKSHEET or ARREST REPORT - SUPPLEMENT (PD244-157).

IF A REQUEST IS RECEIVED FROM AN ATTORNEY SEEKING THE


LOCATION OF A CLIENT WHO HAS BEEN ARRESTED AND IS IN
CUSTODY OF THIS DEPARTMENT

MEMBER OF 12. Record contents of message in Telephone Record including:


THE SERVICE a. Time, name, address and phone number of attorney, name of
CONCERNED person arrested, and any other facts which may assist in locating
prisoner.

NOTE If Telephone Record is not maintained in command, entry will be made as directed by
commanding officer.

13. Request Communications Section to transmit FINEST message to all


commands advising that the particular defendant is represented by counsel.

DESK OFFICER/ 14. Determine if prisoner is detained in stationhouse/Department facility.


SUPERVISOR 15. Direct interrogating officers concerned to cease interrogation and permit
CONCERNED prisoner to contact attorney, if prisoner is located in precinct/ Department
facility.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-09 08/01/13 3 of 3

NOTE A uniformed member of the service who has information concerning the whereabouts of
the prisoner will communicate with the desk officer (or counterpart) of his command. The
desk officer will notify the originator of the FINEST Message.

Guidelines listed in steps 12 through 15 apply only in those situations where an attorney
initiated an inquiry seeking to locate a client who was arrested and with whom he has
had no prior contact in this arrest situation.

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS ARREST REPORT SUPPLEMENT (PD244-157)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-10

ALTERNATE PROCEDURE FOR ARREST NUMBER


GENERATION AS A RESULT OF COMPUTER FAILURE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/13/17 09/13/17 1 of 2

PURPOSE To set guidelines for arrest number generation when computer system (On Line
Booking System) becomes disabled.

PROCEDURE When the On Line Booking System becomes disabled, uniformed members of
the service assigned to commands participating in “local arrest processing” that
require an arrest number will:

NOTE Commands that currently issue arrest numbers for DESK APPEARANCE TICKETS
(PD260-121) will not follow this procedure. Instead, arrest numbers for DESK
APPEARANCE TICKETS will be issued by commands concerned when On Line
Booking System becomes operational.

DESK 1. Direct member of the service assigned to input arrest data entries
OFFICER/ (PF1/PF3), if the On Line Booking System becomes disabled in a
SUPERVISOR command’s computer at any time, to:
a. Immediately notify the Information Technology Bureau (ITB)
Service Desk to attempt to correct problem.
2. Ascertain from member assigned to Information Technology Bureau
Service Desk, when problem is not correctable:
a. If problem is limited to the command or is citywide, AND
b. Anticipated period of time that the On Line Booking System will
be disabled.

IF ON LINE BOOKING SYSTEM IS DOWN IN COMMAND OF ARREST ONLY:

DESK 3. Instruct member assigned to input arrest data to have arrest number generated,
OFFICER/ via landline, by an adjoining precinct whose system is operational.
SUPERVISOR a. Continue to follow command’s current “local arrest processing”
procedures.

IF ON LINE BOOKING SYSTEM IS DOWN CITYWIDE:

DESK 4. Contact supervisor at borough central booking facility concerned.


OFFICER/
SUPERVISOR
IF INFORMATION TECHNOLOGY SERVICES DIVISION INDICATES
THAT THE ON LINE BOOKING SYSTEM IS DOWN CITYWIDE AND
RESTORATION OF THE SYSTEM IS NOT IMMINENT:

BOROUGH 5. Institute manual arrest processing mode, which includes:


COURT a. Issuance of arrest numbers from an “arrest log” book to
SECTION arresting/assigned uniformed members of the service via landline.
SUPERVISOR
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-10 09/13/17 2 of 2

NOTE These arrest numbers are identified as a two hundred thousand series, i.e., M97200001.

BOROUGH b. Have notifications made to Division of Criminal Justice Services


COURT (DCJS) in Albany to determine next sequential Fax number.
SECTION
SUPERVISOR
(continued)

NOTE Completed Fingerprint Charts are to be issued sequential Fax control numbers
indicated by DCJS and sent to Albany for processing.

DESK 6. Have information requested on required Fingerprint Charts neatly printed


OFFICER/ by arresting/assigned uniformed member of the service.
SUPERVISOR 7. Have copy of ON LINE BOOKING SYSTEM ARREST
WORKSHEET (PD244-159) (complete with issued manual arrest
number), all completed Fingerprint Charts, Prisoner Movement Slip
(Misc. 2011A) and prisoner delivered, without delay, by other than
arresting officer, to appropriate facility (e.g., Midtown Community
Court, 25th Precinct Hub-Site, etc.,) as indicated in current local arrest
processing procedures.

NOTE Arresting/assigned uniformed members will remain at command and continue to process
arrest for affidavit preparation as set forth by existing local arrest processing
procedures. Fingerprint charts must be delivered within three hours of arrest.

ADDITIONAL Precincts of arrest are responsible for back data entry once On Line Booking System
DATA comes back on-line. Therefore, a copy of the ON LINE BOOKING SYSTEM ARREST
WORKSHEET will be retained and kept available at the desk for entry of arrest data
(PF9/PF3), when On Line Booking System becomes operational.

“PF9” data entry is identical to “PF1” but forces On Line Booking System to accept
previously issued manual arrest number in lieu of computer generated arrest number.

FORMS AND ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS DESK APPEARANCE TICKET (PD260-121)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-11

ARREST PROCESSING - "LIVESCAN" FINGERPRINTING


AND PALMPRINTING
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/13/17 09/13/17 1 of 5

PURPOSE To set forth guidelines for the utilization of the “LIVESCAN” computer fingerprinting
and palmprinting system.

PROCEDURE In all arrest situations whenever a prisoner is required to be fingerprinted and


palmprinted, except bedside arraignment of a hospitalized prisoner, or a
hospitalized prisoner who may be eligible for a Desk Appearance Ticket, utilize
the “LIVESCAN” computerized fingerprinting and palmprinting system and:

NOTE To maintain a high quality of fingerprints and palmprints, operation of the


“LIVESCAN” machine should be performed by the command’s designated arrest
processing officer, if applicable, or a member of the service appropriately trained to
operate the machine. Also, appropriately trained investigators of the NYS Attorney
General’s Office will be permitted to use the LIVESCAN machine.
ARREST 1. Generate arrest number through the On Line Booking System (OLBS).
PROCESSING a. Ensure proper “ARREST PROCESSING TYPE” code is entered during
OFFICER/ On Line Booking System data entry.
DESIGNATED 2. Record the check digit that appears on the On Line Booking System
MEMBER terminal screen at the completion of the PF-3 data entries, onto the top
right corner of the ON LINE BOOKING SYSTEM ARREST WORK
SHEET (PD244-159).
a. Retrieve the arrest’s check digit through the “BADS” computer
system if the check digit was not recorded.
NOTE The check digit is necessary for operation of the “LIVESCAN” computerized
fingerprinting system and subsequent transmission of fingerprints/palmprints.
3. Immediately proceed to begin fingerprinting and palmprinting upon
completion of On Line Booking System data entries (PF1/PF3), utilizing
“LIVESCAN” machine as follows:
a. Ensure both the prisoner’s hands and the scanner platens of the
“LIVESCAN” machine are clean and dry.
(1) Use “Pre-Scan Pad” to moisten prisoner’s fingers and
palms, if excessively dry.
b. Enter arrest number with check digit into “LIVESCAN” computer.

NOTE Once arrest number (with check digit) is entered into the “LIVESCAN” computer, all
pertinent arrest information is automatically downloaded to the “LIVESCAN” computer
from original On Line Booking System data entries. If this information is not
transferred to “LIVESCAN,” information must be re-sent through “BADS” as follows:
 Select #1, “ARREST REPORT PRINTOUTS,” from “BADS” main menu.
 Enter arrest number, when prompted.
 Move cursor to caption, “LIVESCAN RESEND,” and mark field with an “X” and
enter. (Message at bottom of screen will read, “RECORD HAS BEEN
TRANSFERRED FOR LIVESCAN.”)
 Return to “LIVESCAN” machine and restart process.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-11 09/13/17 2 of 5

ARREST c. Fingerprint plain (flat) impressions of the four fingers minus the
PROCESSING thumb on large scanner platen and the thumbs on the small
OFFICER/ scanner platen and press “SCAN.”
DESIGNATED (1) The four fingers of each hand must be placed on an angle on
MEMBER scanner platen, with special attention to the pinky finger.
(continued) (2) Press “SAVE,” after plain impression has been completed
and hand is removed from scanner platen.
d. Fingerprint individual fingers on small scanner platen centering
the core of each finger on the cross lines indicated on the left
screen of the “LIVESCAN” machine.
(1) Ensure proper sequence as indicated by left screen
prompts.
(2) Roll each finger to one side as indicated by direction
arrows on “LIVESCAN” machine and press “SCAN.”
(a) INDIVIDUAL FINGERS MUST BE ROLLED.
(3) Press “SAVE,” after roll has been completed and finger is
removed from scanner platen, if image is acceptable.
(a) Press “SCAN” which erases former image, if
image is unacceptable, and print finger again.
e. Palmprint palms (2) and writer’s palms on large platen and press
“SCAN”.

NOTE Appropriate notations must be entered in “LIVESCAN” computer when fingers or palms
are unable to be adequately printed for any reason, (i.e., “MISS,” “AMP,” “INJ,”
“SCAR,” etc.). This information is to be entered in designated fingerprint box.
UNDER NO CIRCUMSTANCES IS A FINGERPRINT BOX TO BE LEFT BLANK.

4. Check transmit queue of “LIVESCAN” computer to ascertain if prints are


being transmitted, when completed.
a. The “ACTIVITY LOG” function displays a list of records
transmitted for the previous seventy-two hours.

NOTE Complete “LIVESCAN” processing of a prisoner should not exceed three hours from the
time of arrest, unless exigent circumstances exist.

DESK 5. Authorize any “override” of “LIVESCAN” prints taken.


OFFICER/ a. Make appropriate Command Log entries detailing the reasons for
SUPERVISOR, the override.
ARREST
PROCESSING
SITE

NOTE Overrides will only be done AFTER four attempts have been made to roll an acceptable
print. When supervisor concurs that the rejected print is the best that can be taken (i.e.,
finger burnt, disfigured, etc.), the “LIVESCAN” operator will “ANNOTATE” the
rejection (ADD NOTE), into the “LIVESCAN” computer system.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-11 09/13/17 3 of 5

WHEN PRISONER REFUSES TO BE FINGERPRINTED/PALMPRINTED OR IS


REMOVED TO THE HOSPITAL:

DESK 6. Notify the Borough Court Section supervisor concerned immediately if the
OFFICER/ prisoner refuses to be fingerprinted/palmprinted or is removed to the hospital.
SUPERVISOR, a. Be guided by the instructions of the Borough Court Section supervisor.
ARREST 7. Provide the Borough Court Section supervisor with the following
PROCESSING information:
SITE a. Prisoner’s name
b. Prisoner’s arrest number
c. Prisoner’s fax control number (if available).
d. Date/time of prisoner’s refusal to be fingerprinted/palmprinted.
e. Date/time that the prisoner was removed to the hospital.
f. Name of hospital and admission number (where warranted).
8. Note the prisoner’s refusal to be fingerprinted/palmprinted as follows:
a. Make entry on the computer generated prisoner movement slip.
b. Prepare REFUSED PRINTS REPORT (PD223-122).
c. Make a command log entry detailing the prisoner’s refusal to be
fingerprinted/palmprinted.

BOROUGH 9. Instruct the desk officer/supervisor making the notification to:


COURT a. Proceed with the arrest processing.
SECTION b. Complete all other arrest related procedures and paperwork.
SUPERVISOR c. Request prisoner’s cooperation to be fingerprinted/palmprinted
upon completion of all other arrest related procedures.

IF PRISONER COMPLIES:

DESK 10. Have prisoner fingerprinted/palmprinted at the command via


OFFICER/ LIVESCAN.
SUPERVISOR, a. Complete REFUSED PRINTS REPORT and verify.
ARREST b. Make additional entries on movement slip and in Command Log
PROCESSING indicating prisoner’s decision.
SITE c. Enclose REFUSED PRINTS REPORT with arrest package.

IF PRISONER STILL REFUSES:

DESK 11. Proceed as in steps “10a-10c” above.


OFFICER/ a. Place leg restraints on prisoner and direct that prisoner be brought
SUPERVISOR, directly to the Borough Court Section.
ARREST
PROCESSING
SITE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-11 09/13/17 4 of 5

NOTE Leg restraints MUST be used when transporting a prisoner that has refused to be
fingerprinted and palmprinted. If the desk officer determines that extenuating
circumstances exist that preclude placing leg restraints on a prisoner that has refused to
be fingerprinted and palmprinted, a Command Log entry will be made detailing the
reason why. The use of leg restraints does not replace the requirement to rear handcuff
the prisoner. All procedures detailing the use of handcuffs remain in effect. When using
leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the
prisoner from falling.

WHEN PRISONER THAT REFUSES TO BE FINGERPRINTED/


PALMPRINTED ARRIVES AT THE BOROUGH COURT SECTION:

BOROUGH 12. Question the prisoner and verify that he/she refuses to be fingerprinted/
COURT palmprinted.
SECTION
SUPERVISOR

IF PRISONER COMPLIES:

13. Direct that prisoner be fingerprinted/palmprinted via LIVESCAN.


14. Make an entry indicating compliance:
a. In the Command Log.
b. On the prisoner movement slip.
c. On the REFUSED PRINTS REPORT and verify.

IF PRISONER CONTINUES TO REFUSE TO BE FINGERPRINTED/


PALMPRINTED:

15. Lodge prisoner at the Borough Court Section throughout the arraignment
process.
16. Make Command Log entry noting the refusal.
17. Complete the REFUSED PRINTS REPORT and verify.
18. Have appropriate “NOTEPAD” data entries and corresponding
“UNARRAIGNED DISPOSITION” field entered into “OLPA”
computer system immediately.

NOTE A prisoner who refuses to be fingerprinted and palmprinted will not leave the court
section facility and be sent to another command for lodging. However, if such a prisoner
is in need of medical attention, he/she may be brought to a health care facility for
treatment.

ADDITIONAL The “LIVESCAN” machine should remain “ON” and the scanner covers of the machine
DATA “CLOSED,” when not in use. If “LIVESCAN” becomes inoperable, immediately notify
the Information Technology Bureau (ITB) Service Desk and if necessary be guided by
P.G. 208-12, “Alternate Procedure for Fingerprint and Palmprint Processing Due to
Computer System Failure.”

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-11 09/13/17 5 of 5

ADDITIONAL The “LIVESCAN” machine must be “recalibrated” at least once per tour to ensure that prints
DATA transmitted are acceptable to the Identification Section and the Division of Criminal Justice
(continued) Services (i.e., not too dark or too light, etc.). Busy commands must “recalibrate” more frequently.

The “LIVESCAN” machine scanner platens must be cleaned after each prisoner is
fingerprinted and palmprinted. The “LIVESCAN” machine is to be cleaned only with
authorized cleaning materials, (i.e., “Windex with Ammonia D,” “Lithopads”). These
materials, in addition to “Pre-Scan Pads,” may be requisitioned from the Quartermaster
Section.

If the “LIVESCAN” computer becomes inoperable because of damage to the machine,


particularly to the scanner platen, the vendor will replace the damaged scanner platen and
deliver it to the Information Technology Services Division. In circumstances in which there is
suspicion of intentional damage, the desk officer will make an entry in the Command Log and
initiate an investigation (see P.G. 202-14, “Desk Officer”). Any evidence of intentional
damage to any machine will result in an immediate investigation and appropriate action.

Routine operational inquiries concerning “LIVESCAN” and the On Line Booking System
should be directed to the borough Court Section concerned, twenty-four hours, seven days
a week, OR the Criminal Justice Bureau during business hours.

Technical problems and “LIVESCAN” outages are to be referred to the Information


Technology Bureau Service Desk.

ARRESTS PROCESSED AS “FOR OTHER AUTHORITY (FOA)”

When a uniformed member of the service effects an arrest that will be processed FOA it
is incumbent upon that member to prepare an ON-LINE BOOKING SYSTEM
ARREST WORKSHEET with the appropriate FOA code listed as the top charge.
Additionally, the member of the service must ensure that a fingerprint record is
generated and a NYSID number is assigned for each arrestee in one of the following
ways:
a. The member of the service may fingerprint the subject on a Department
“LIVESCAN” machine, OR;
b. Upon being fingerprinted by the respective federal agency, a duplicate record
will be generated and immediately delivered to the NYPD Identification Section
along with a copy of the ON-LINE BOOKING SYSTEM ARREST
WORKSHEET for processing and verification.

RELATED Fingerprintable and Palmprintable Offenses (P.G. 208-08)


PROCEDURES Alternate Procedure for Fingerprint and Palmprint Processing Due to Computer System Failure
(P.G. 208-12)
Hospitalized Prisoners (P.G. 210-02)
Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS REFUSED PRINTS REPORTS (PD223-122)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-12

ALTERNATE PROCEDURE FOR FINGERPRINT AND PALMPRINT


PROCESSING DUE TO COMPUTER SYSTEM FAILURE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/13/17 09/13/17 1 of 2

PURPOSE To set guidelines for fingerprint and palmprint processing should the
“LIVESCAN” System become disabled.

DEFINITION “LIVESCAN” System - the electronic transmitting of fingerprints and palmprints


via computer.

NOTE Since “LIVESCAN’s” operation is fully dependent on the On Line Booking System
(OLBS), if the On Line Booking System becomes disabled, “LIVESCAN” becomes
inoperable. Additionally, if the On Line Booking System becomes disabled, uniformed
members of the service concerned will comply with the guidelines for arrest number
generation (see P.G. 208-10, “Alternate Procedure for Arrest Number Generation As A
Result Of Computer Failure.”)

PROCEDURE When the “LIVESCAN” System becomes disabled:

DESK 1. Have arresting/assigned officer immediately notify the Information


OFFICER/ Technology Bureau (ITB) Service Desk, if “LIVESCAN” becomes
SUPERVISOR disabled at any time, to attempt to correct problem.
2. Ascertain from member assigned to Information Technology Bureau Service
Desk, when member concerned indicates that problem is not correctable:
a. If problem is limited to the command or is borough/citywide, AND
b. Anticipated period of time that the “LIVESCAN” System will be disabled.

IF “LIVESCAN” SYSTEM IS DISABLED COMMAND OF ARREST ONLY:

DESK 3. Have uniformed members of the service, other than arresting officer,
OFFICER/ transport defendant to an adjoining precinct where “LIVESCAN” System
SUPERVISOR is operational and fingerprint/palmprint defendant.

IF “LIVESCAN” SYSTEM IS DISABLED BOROUGH/CITYWIDE:

DESK 4. Contact borough Court Section supervisor concerned and be guided by


OFFICER/ supervisor’s instructions.
SUPERVISOR

IF THE DECISION IS MADE TO REVERT TO USING INK TO FINGERPRINT


AND PALMPRINT PRISONERS:

NOTE Decisions to ink print prisoners will be made on a case by case basis by the borough Court
Section supervisor concerned in the event that LIVESCAN is disabled borough/citywide for an
extended period of time and restoration of the system is not imminent. The supervisor at the
Information Technology Bureau Service Desk and the supervisor at the Criminal Justice
Bureau will be conferred with prior to instructing personnel to ink print prisoners. It should be
noted that the preferred course of action is to wait until the LIVESCAN System once again
becomes operational and then fingerprint and palmprint the prisoner using LIVESCAN.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-12 09/13/17 2 of 2

BOROUGH 5. Instruct desk officer/supervisor, command concerned, to ink print


COURT defendant(s) on appropriate fingerprint and palmprint charts.
SECTION a. Have fingerprints and palmprints forwarded expeditiously to the
SUPERVISOR borough Court Section concerned for processing.

NOTE If the On Line Booking System is disabled, instruct desk officer/supervisor concerned to
have arresting/assigned officer neatly print required information on the fingerprint and
palmprint charts before they are delivered to the borough Court Section concerned for
processing.

6. Have Court Section personnel available and ready to process ink


fingerprints and palmprints, including:
a. Backing up of fingerprint and palmprint charts, and
b. Transmission of those fingerprints and palmprints to Albany via
the court site “Fax-4” machine.
c. Transmission of those fingerprints and palmprints to the
Identification Section via the court site “Fax-4” machine.
DESK 7. Instruct arresting/assigned officer to ink print defendant(s) on appropriate
OFFICER/ fingerprint and palmprint charts.
SUPERVISOR 8. Have fingerprint and palmprint charts delivered, by other than arresting/
assigned officer, with a copy of the ON LINE BOOKING SYSTEM
ARREST WORKSHEET (PD244-159), to Borough Court Section
concerned, NO LATER THAN THREE HOURS AFTER THE TIME OF
ARREST.
ADDITIONAL Commanding officers of arresting commands and borough Court Sections must ensure
DATA that an adequate supply of materials needed to ink print defendants is readily available,
including:
FBI Fingerprint Charts (FD 249)
New York State Fingerprint Charts (DCJS-2)
CRIMINAL FINGERPRINT RECORDS (PD223-141)
CRIMINAL PALMPRINT RECORDS (PD223-141a)
Inquiry Charts (DCJS-6)
Juvenile Charts (DCJS-4)
Ink and ink rollers
Ink Fingerprint Station.

RELATED Alternate Procedure For Arrest Number Generation As A Result Of Computer Failure
PROCEDURES (P.G. 208-10)
Arrest Processing-Livescan Fingerprinting and Palmprinting (P.G. 208-11)

FORMS AND CRIMINAL FINGERPRINT RECORD (PD223-141)


REPORTS CRIMINAL PALMPRINT RECORD (PD223-141a)
FBI Fingerprint Chart (FD249)
Inquiry Chart (DCJS-6)
Juvenile Chart (DCJS-4)
New York State Fingerprint Chart (DCJS-2)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-13

ARREST REPORT SUPPLEMENT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/19/13 08/19/13 1 of 2

PURPOSE To outline those instances that require a uniformed member of the service to
complete an ARREST REPORT SUPPLEMENT (PD244-157).

PROCEDURE This form will be prepared by uniformed members of the service to:
1. Record additional information when there is insufficient space under “Details” on
an ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159).
2. Report additional details after an ON LINE BOOKING SYSTEM
ARREST WORKSHEET has been prepared such as:
a. Change in offense charged
b. Identity of previously unidentified prisoner
c. Re-arrest on a bench warrant
d. Prisoner forfeits bail
e. Prisoner re-arrested for same offense for which bail was forfeited
f. Prisoner released on reasonable belief he did not commit the crime
g. Attorney visits prisoner
h. Hospitalized prisoner visited by an authorized person, (see P.G.
210-02, “Hospitalized Prisoner”). The SUPPLEMENT
containing the list of all visits will be distributed when the pris-
oner is released from the hospital.
i. Prisoner released from hospital. (If the prisoner is under eighteen include
notifications to prisoner’s parent or guardian and the arresting officer.)
j. Hospitalized prisoner issued a DESK APPEARANCE TICKET.
k. Prisoner is released to the custody of a member of the Collision
Investigation Squad to permit examination of a vehicle involved
in a collision which resulted in death, serious injury and likely to
die, or critical injury to an individual.
l. Child released from a place of detention
m. Clothing removed from a homicide victim for examination at the
Forensic Investigation Division
n. Delineating the circumstances surrounding the additional charge
of bribery, in situations where the arresting officer is not the
uniformed member offered the bribe in arrest situations

NOTE In those instances when a detective squad member will add charges for offenses previously
recorded on a COMPLAINT REPORT to a prisoner arrested by a member of the Patrol
Services Bureau, or has effected an arrest and is going to add additional charges for
offenses previously recorded on a COMPLAINT REPORT (i.e.: robbery pattern, burglary
pattern etc.), the detective squad member will follow the arrest procedure in Patrol Guide
208-74, “Arrest Processing Of Persons Wanted For Multiple Incidents.”

When a detective squad member effects the arrest of a person with more than one
outstanding indictment warrant, the detective squad member will follow the arrest
procedure in Patrol Guide 208-74, “Arrest Processing Of Persons Wanted For Multiple
Incidents”.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-13 08/19/13 2 of 2

ADDITIONAL Do not prepare an ARREST REPORT SUPPLEMENT in a case in which a prisoner’s


DATA original and additional arrest charge(s) occur in different geographical boroughs prior
to arraignment, OR, when the initial arrest charge is for a non-fingerprintable offense,
OR, when the prisoner has been arraigned and an additional arrest charge(s) is
forthcoming. In both of these cases, the member of the service filing the additional
arrest charge(s) must issue a new arrest number, re-print the prisoner via LIVESCAN,
and make an immediate notification to the borough Court Section supervisor concerned.

RELATED Hospitalized Prisoners (P.G. 210-02)


PROCEDURES Arrest Processing Of Persons Wanted For Multiple Incidents (P.G. 208-74)

FORMS AND ARREST REPORT SUPPLEMENT (PD244-157)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-14

ARREST BY UNIFORMED MEMBER OUTSIDE CITY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/19/13 08/19/13 1 of 2

PURPOSE To report an arrest effected by a uniformed member of the service outside New
York City but within New York State.

PROCEDURE When a uniformed member of the service effects an arrest outside New York
City when not specifically assigned or ordered:

UNIFORMED 1. Comply with arrest procedures of police agency having jurisdiction.


MEMBER OF 2. Notify Operations Unit immediately of all facts including:
THE SERVICE a. Time and date of occurrence
b. Place of occurrence
c. Location of uniformed member concerned at time of notification
d. Manner in which member became involved
e. Identity of all parties involved in incident, including local police
authorities
f. Complete details
g. Injury to uniformed member concerned or any other person
h. Identity and statements of witnesses.

OPERATIONS 3. Notify commanding officer of uniformed member concerned.


UNIT MEMBER 4. Direct duty captain assigned to Patrol Borough Queens North/South or
Bronx, as appropriate, to respond to place of occurrence, if within
residence counties, conduct investigation and have UNUSUAL
OCCURRENCE REPORT (PD370-152) prepared.

DUTY 5. Respond to location within residence counties and conduct investigation.


CAPTAIN 6. Prepare UNUSUAL OCCURRENCE REPORT, LINE OF DUTY
INJURY REPORT (PD429-154) and ACCIDENT REPORT - CITY
INVOLVED (PD301-155) if required.

NOTE The Operations Unit will, based upon circumstances, determine if a duty captain will
respond to an incident involving an arrest effected by a uniformed member of the service
outside the residence counties.

ARRESTING 7. Direct desk officer to make entry in Telephone Record concerning


OFFICER’S notification of incident from Operations Unit.
C.O.

ARRESTING 8. Prepare report with all pertinent information and submit to commanding
OFFICER officer as soon as possible.

COMMANDING 9. Prepare detailed report of incident for Chief of Department.


OFFICER 10. Notify Internal Affairs Bureau if investigation, other than in relation to
CONCERNED sickness or injury, is required.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-14 08/19/13 2 of 2

COMMANDING 11. Forward detailed report with copy of arresting officer’s report attached to:
OFFICER a. Chief of Department - direct (two copies)
CONCERNED b. Chief of Personnel - (one copy)
(continued) c. Each intermediate command - (one copy) and
d. File - (one copy).

FORMS AND ACCIDENT REPORT - CITY INVOLVED (PD301-155)


REPORTS LINE OF DUTY INJURY REPORT (PD429-154)
UNUSUAL OCCURRENCE REPORT (PD370-152)

RELATED Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06)
PROCEDURES Accidents and Collisions – City Involved (P.G. 217-04)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-15

ARREST REPORT PREPARATION AT STATIONHOUSE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 3

PURPOSE To process an arrest at a stationhouse.

PROCEDURE When a uniformed member of the service is ready to process an arrest after
completing the initial appearance before the desk officer:

DESK OFFICER 1. Direct arresting officer to remove prisoner to arrest processing area, or
location in the stationhouse SPECIFICALLY DESIGNATED as suitable
for interrogation of juveniles, as appropriate.
2. Direct arrest processing officer, if available, to assist arresting officer.

NOTE The arrest processing officer will fingerprint and palmprint prisoner (LIVESCAN) and assist
the arresting officer by providing arrest-related forms, taking photographs, and
conducting necessary warrant checks. Also, appropriately trained investigators of the
NYS Attorney General’s Office will be permitted to use the LIVESCAN, OMNIFORM
and the Digital Camera Capture Station systems.

ARRESTING 3. IMMEDIATELY prepare ON LINE BOOKING SYSTEM ARREST


OFFICER WORKSHEET (PD244-159).
a. Ensure that COMPLAINT REPORT (PD313-152), PROPERTY
CLERK INVOICE (PD521-141), etc., case numbers are indicated.
b. Indicate “yes” and the appropriate language under the caption “Is
interpreter needed for further investigation” on the ON LINE
BOOKING SYSTEM ARREST WORKSHEET (PD244-159),
if the prisoner has apparent difficulty
understanding/communicating in English, regardless of whether or
not further investigation is required.

NOTE If individual in custody is wanted for multiple incidents, comply with provisions of Patrol
Guide 208-74, “Arrest Processing of Persons Wanted for Multiple Incidents.”

4. Comply with P.G. 214-07, “Cases for Legal Action Program,” if applicable,
which ensures that all New York City Public Housing residents who are arrested
pursuant to the execution of a search warrant where contraband is recovered or
arrested for a designated crime committed on the grounds of any New York City Public
Housing Development are targeted for possible eviction proceedings.

DESK OFFICER 5. Review for completeness and accuracy and sign ON LINE BOOKING
SYSTEM ARREST WORKSHEET and return to arresting officer.

ARRESTING 6. Have arrest number generated utilizing the OMNIFORM System.


OFFICER

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-15 03/18/19 2 of 3

NOTE To correctly collate the different types of arrests that are processed, all arrests
generated in the OMNIFORM System will use one of the following Arrest Processing
Types from the OMNIFORM dropdown list:
 Community Court Desk Appearance Ticket
 Community Court Online Arrest
 Desk Appearance Ticket
 Juvenile (Non Fingerprintable Offenses)
 Online Arrest
 Voided Arrest

ARRESTING a. FAX completed ON LINE BOOKING SYSTEM ARREST


OFFICER WORKSHEET (with arrest number indicated), to the borough
(continued) court section/Assistant District Attorney, for online arrests ONLY
(videoconferencing, BLAP), in accordance with current
processing procedures in each borough.
7. Have arrest processing officer fingerprint and palmprint prisoner utilizing
LIVESCAN, and with the assistance of the arrest processing officer:
a. Have digital photograph(s) of prisoner taken and generate Prisoner
Movement Slip
b. Prepare other necessary forms (e.g., COMPLAINT REPORT,
PROPERTY CLERK INVOICE, etc.)
c. Have any necessary warrant checks conducted.
8. Request the desk officer to have the prisoner removed to appropriate
prisoner intake area based on local guidelines.
a. Escorting officer must have Prisoner Movement Slip with photo
and a copy of ON LINE BOOKING SYSTEM ARREST
WORKSHEET with arrest number and check digit indicated.
9. Complete any additional arrest paperwork, as necessary.
10. Have desk officer review documents for completeness and accuracy.
11. Prepare affidavit based on the county District Attorney’s method of preparation.

ADDITIONAL TYPE OF ARREST BEING PROCESSED AND EXPLANATION:


DATA
DESK APPEARANCE TICKET (DAT) COMMUNITY COURT - used when a DAT is
issued and returnable to Midtown Community Court or Red Hook Community Court.
COMMUNITY COURT ONLINE ARREST - used when a command processes an on line
arrest to be arraigned in the Midtown Community Court or Red Hook Community Court.
DESK APPEARANCE TICKET - used when a command processes a DESK
APPEARANCE TICKET.
JUVENILE (NON FINGERPRINTABLE OFFENSES ONLY) - used to process juvenile
delinquent arrests that are not fingerprintable offenses.
ONLINE ARREST - used to process on line arrests, as well as all juvenile arrests that are
fingerprintable (including juvenile offenders, recogs, and juveniles not eligible for
recognizance).

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-15 03/18/19 3 of 3

ADDITIONAL VOIDED ARREST - used when processing a voided arrest under P.G. 210-13, “Release of
DATA Prisoners.”
(continued)
Regardless of whether the arrest package has been previously forwarded, the prisoner must
be delivered to the borough court section facility expeditiously. Delays of more than five
hours from time of arrest for lineups, prisoner debriefing, prisoner medical attention, etc.,
will be reported by telephone to the appropriate borough court section.

RELATED Arrests - Removal to Department Facility for Processing (P.G. 208-02)


PROCEDURES Arrests - General Processing (P.G. 208-03)
Arrest - General Search Guidelines (P.G. 208-05)
Arrests - Security Measures (P.G. 208-06)
Alternate Procedure for Arrest Number Generation as a Result of Computer Failure
(P.G. 208-10)
Alternate Procedure for Fingerprint and Palmprint Processing Due to Computer System
Failure (P.G. 208-12)
Performing Local, State and Federal Warrant Checks (P.G. 208-22)
Notification to the Detective Bureau when a Specified Condition Exists/is Suspected (P.G. 208-73)
Arrest Processing of Persons Wanted for Multiple Incidents (P.G. 208-74)
Hospitalized Prisoners – Arrests by Members of Other Police Agencies (P.G. 210-03)
Release of Prisoners (P.G. 210-13)
Cases for Legal Action Program (P.G. 214-07)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS COMPLAINT REPORT (PD313-152)
PROPERTY CLERK INVOICE (PD521-141)
DESK APPEARANCE TICKET

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-16

ARREST PROCESSING INDICATORS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To standardize the obtaining of arrest processing time-stamps throughout the


Department.

PROCEDURE When a uniformed member of the service effects an arrest that will be processed
“on line,” i.e., a court affidavit will be prepared and the prisoner is to be
arraigned expeditiously:

ARRESTING 1. Prepare PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153).


OFFICER

DESK OFFICER/ 2. Obtain the following time-stamps, depending on how the court affidavit is
COURT prepared:
SUPERVISOR a. AT THE DISTRICT ATTORNEY’S COMPLAINT ROOM
(1) Using the PRE-ARRAIGNMENT NOTIFICATION
FORM, time-stamp:
(a) Box 1, captioned “A/O sign in,” when the arresting
officer is present at the Complaint Room
(b) Box 3, captioned “Complaint Sworn,” when the
court affidavit is signed by the arresting officer.
b. USING VIDEO TELECONFERENCING OR USING LOCAL
ARREST PROCESSING (LAP) TELEPHONE INTERVIEW
(1) Using the PRE-ARRAIGNMENT NOTIFICATION
FORM time-stamp:
(a) Box 1, captioned “A/O sign in,” when the arresting
officer is ready to be interviewed by the Assistant
District Attorney

NOTE This will be done immediately before the ON LINE BOOKING SYSTEM ARREST
WORKSHEET (PD244-159) is faxed to the Complaint Room.

(b) Box 3, captioned “Complaint Sworn,” when the


court affidavit is signed by the arresting officer.
c. QUEENS COURT AFFIDAVIT PREPARATION SYSTEM
(CAPS)
(1) Using the PRE-ARRAIGNMENT NOTIFICATION
FORM time-stamp:
(a) Box 1, captioned “A/O sign in,” when the arresting
officer is ready to prepare the court affidavit at the
CAPS room
(b) Box 3, captioned “Complaint Sworn,” when the
court affidavit is signed by the arresting officer.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-16 08/01/13 2 of 2

DESK OFFICER/ d. TRANSIT BUREAU FAX PROGRAM


COURT (1) Using the PRE-ARRAIGNMENT NOTIFICATION
SUPERVISOR SUPERVISOR FORM, time-stamp:
(continued) (a) Box 1, captioned “A/O sign in,” when the arresting
officer has completed the supporting deposition
and other related paperwork
(b) Box 3, captioned “Complaint Sworn,” will be time-
stamped by the Transit Liaison Officer, when the
court affidavit is signed by the arresting officer at
the Complaint Room.
e. USING A SUPPORTING DEPOSITION (VENDOR,
PROSTITUTION, ETC.)
(1) Using the PRE-ARRAIGNMENT NOTIFICATION
FORM, time-stamp:
(a) Box 1, captioned “A/O sign in,” when the arresting
officer has completed the supporting deposition
(b) Box 3, captioned “Complaint Sworn,” will be time-
stamped by Court Section personnel, when either
the supporting deposition, which acts as an
affidavit is received, or an affidavit, which is typed
from a supporting deposition, is signed by the
Court Section supervisor.
3. In ALL arrest cases (EXCEPT Video Conferencing or Local Arrest
Processing (LAP) Telephone Interview cases), have the PRE-
ARRAIGNMENT NOTIFICATION FORM delivered to the borough
Court Section with the arrest package for time-stamp entry into the On
Line Prisoner Arraignment (OLPA) system by Court Section personnel.
a. In Video Conferencing or Local Arrest Processing (LAP)
Telephone Interview cases, the PRE-ARRAIGNMENT
NOTIFICATION FORM must be faxed, along with the signed
affidavit, to the Complaint Room at completion of arrest
processing.

NOTE In the case where an arresting officer is rescheduled to the 2nd Platoon to complete the
court affidavit, i.e., the District Attorney's Complaint Room is closed, the desk
officer/command supervisor concerned must write “RESCHEDULED” on the PRE-
ARRAIGNMENT NOTIFICATION FORM in the caption marked “ADDITIONAL
COMMENTS.”

FORMS AND ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-17

CHANGE IN ARREST CHARGES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/31/15 12/31/15 1 of 1

PURPOSE To update Department records when the original charge is subsequently changed.

PROCEDURE When a change of charge on a prisoner previously arrested is indicated:

ARRESTING 1. Notify desk/booking officer.


OFFICER

DESK/ 2. Correct original copy of the ON-LINE BOOKING SYSTEM ARREST


BOOKING WORKSHEET (PD244-159) if not yet forwarded.
OFFICER 3. Prepare ARREST REPORT - SUPPLEMENT (PD244-157) if ON-LINE
BOOKING SYSTEM ARREST WORKSHEET was forwarded.
4. Show the change in degree of the crime and the reason for the change.
5. Forward the original ARREST REPORT - SUPPLEMENT to Data
Integrity Unit.
6. File the yellow copy with precinct copy of ON-LINE BOOKING
SYSTEM ARREST WORKSHEET.
7. Deliver pink copy to arresting officer.
8. Report the facts concerning the change in the degree of the crime on an
Omniform Complaint Revision.
9. Instruct the arresting officer, if assigned to a precinct other than the
precinct of arrest, to notify his immediate supervisor of the change.

FORMS AND ARREST REPORT SUPPLEMENT (PD244-157)


REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
Omniform Complaint Revision

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-20

"TURNOVER" ARRESTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To assign a uniformed member of the service to prepare arrest paperwork,


criminal court complaints and process an arrest through the court system for an
arrest made by another uniformed member of the service.

SCOPE An assigned officer may be designated in the following circumstances:


a. Injury to arresting officer
b. Arrest by an off-duty member
c. DESK APPEARANCE TICKET (PD260-121)
d. Arrest for other authorities
e. Delegated arrest on a warrant
f. Mass arrests at demonstrations, details or disorders
g. Arrest by a civilian, except as provided by P.G. 208-04, “Arrest By A
Civilian”
h. Family Court Arrests
i. Order of Protection
j. Other circumstances, when directed by a uniformed supervisor.

PROCEDURE When an arrest is to be processed as a “turnover” arrest:

ARRESTING 1. Follow appropriate arrest processing guidelines.


OFFICER

DESK 2. Determine if arrest is to be assigned to another uniformed member of the


OFFICER/ service.
PATROL/
DETAIL
SUPERVISOR

NOTE Supervisors should identify the arresting officer at the earliest opportunity and make an
entry in their ACTIVITY LOG (PD112-145) after approving the arrest.

3. Designate an assigned officer.

NOTE An assigned officer may be designated by a patrol supervisor, desk officer or other
ranking officer in charge of a detail. Under no circumstances may an arresting officer
turn over an arrest to another officer without the knowledge and approval of a supervisor.

DESK OFFICER 4. Make Command Log entry indicating:


a. Identification of arresting officer
b. Identification of assigned officer
c. Details of arrest concerned
d. Whether or not the assigned officer has re-interviewed the civilian
complainant, and any necessary civilian witnesses.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-20 08/01/13 2 of 2

NOTE When an arresting officer is authorized by a supervisor to turn over an arrest, the assigned
officer must personally re-interview a civilian complainant and any necessary civilian
witnesses, in order to prevent double “hearsay” and to prepare a criminal complaint.

DESK OFFICER 5. Assign a uniformed member of the service to provide transportation to


(continued) civilian(s) for re-interview, if possible.

ASSIGNED 6. Re-interview civilian complainant and any necessary civilian witnesses.


OFFICER 7. Immediately notify a supervisor and comply with P.G. 207-09, “Follow-Up
Investigation Of Complaints Already Recorded,” if new information or a
discrepancy arises concerning the offense(s) charged.

DESK OFFICER/ 8. Ensure that re-interview has been conducted prior to arresting officer
PATROL/COURT being assigned to other duties.
SECTION
SUPERVISOR

NOTE When completing the ON LINE BOOKING SYSTEM ARREST WORKSHEET


(PD244-159) assigned officers should be directed to check “YES” on line 5 (Officer
Assigned) caption, and print the arresting officer’s information on lines 1, 2, and 31.

ADDITIONAL Testimony in court must offer only the facts accurately presented under oath. The
DATA outcome of a criminal case may be determined by the thoroughness of the police
investigation, the constitutionality of the arrest, and the accurate presentation of oral
testimony and physical evidence by the arresting officer or assigned officer. All
questions should be answered to the best of a member’s recollection, without
embellishment or volunteering personal opinions or conclusions. The Department’s
reputation for veracity is based upon each member’s total adherence to the highest
standards of truthfulness. Violations of this policy will be the subject of criminal
prosecution and internal disciplinary procedures.

RELATED Follow-Up Investigation Of Complaints Already Recorded (P.G. 207-09)


PROCEDURES Arrest By A Civilian (P.G. 208-04)
Arraignment (P.G. 211-02)
Duties And Conduct In Court (P.G.211-11)

FORMS AND ACTIVITY LOG (PD 112-145)


REPORTS DESK APPEARANCE TICKET (PD 260-121)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-24

IDENTIFICATION LINEUPS/SHOWUPS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/01/14 07/01/14 1 of 3

PURPOSE To ensure fair and proper proceedings when lineup/showup identifications are conducted.

DEFINITIONS IDENTIFICATION LINEUP - Placing of criminal suspect in lineup with at least


five other persons for purpose of identification by victim or witnesses.
IDENTIFICATION SHOWUP - Prompt, on-the-scene presentation of a suspect
singly, in a one-to-one display, to an identifying witness, for expeditious
identification and/or early release of an innocent suspect.

PROCEDURE When a criminal suspect in police custody is to be placed in an identification


lineup at stationhouse or other place of confinement:

UNIFORMED 1. Resolve any doubt concerning need for, or legality of, conducting a
MEMBER OF lineup or showup by conferring with patrol supervisor/desk officer.
THE SERVICE

NOTE Suspect must be arrested before being forced to appear in a lineup. However, an arrest
is not necessary if the suspect voluntarily consents to appear in a lineup. Identification
procedures ordinarily are not necessary where the witness/victim and the perpetrator
are known to each other, including relatives or other close acquaintances OR the
perpetrator is apprehended by a police officer in the act of committing the crime.

2. Give suspect Miranda warnings, if he/she is to be interrogated before,


during or after lineup.
3. Inform suspect that he/she will appear in lineup for purpose of
identification in connection with a crime.
4. Do not advise suspect of the right to an attorney.
5. Inform suspect that he/she does not have a right to a lawyer if an attorney
is requested for the lineup.

NOTE Prior to conducting lineup, detective supervisor concerned or a qualified supervisor of


an investigative unit will be consulted and will personally supervise the entire procedure
and ensure that LINEUP REPORT (PD373-141) is completed.

6. Permit an attorney who is present at the site of a lineup to observe manner


in which lineup is conducted.
a. Attorney may observe lineup from room where it is conducted or
from any place where he/she cannot be observed.
7. Inform an attorney who contacts the police and states that he/she represents the
suspect and that he/she wishes to be present when lineup is conducted, that the
lineup will be delayed for a reasonable time to permit him/her to appear.

NOTE When determining what is a reasonable delay, the uniformed member conducting the
lineup should consider whether the delay would result in a significant inconvenience to
the witness OR would undermine the substantial advantages of a prompt identification.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-24 07/01/14 2 of 3

UNIFORMED 8. Do not permit attorney to talk to witnesses participating in the


MEMBER OF identification of the suspects.
THE SERVICE 9. Inform attorney that suggestions concerning the lineup should be directed
(continued) to the officer conducting the lineup.
10. Do not permit attorney to interfere when conducting a lineup.
a. The uniformed member conducting the lineup may consider
suggestions of the attorney to improve the fairness of the lineup if
suggestions are reasonable and practical.

DETECTIVE 11. Ensure lineup is conducted properly.


SUPERVISOR 12. Have witnesses interviewed separately, prior to lineup.
a. Obtain and record description of suspect.
13. Take precautions to prevent persons participating in lineup from being
seen by witnesses prior to lineup.
14. Record the following:
a. Details of procedure utilized
b. Specific utterances of any person, e.g., speaking words used at
crime scene
c. Actions of participants required to facilitate identification, e.g.,
trying on clothing, etc.
d. Responses or statements made by witnesses
e. Names, addresses/commands of all persons present including
police and other officials.
15. Prepare diagram with circles to represent position of each person in
lineup.
a. Instruct witness not to comment on recognition but indicate circle
which represents person recognized.
16. Mark and retain diagram after identification.
17. Have suspect viewed with at least five other persons who are unknown to
witness.
18. Conduct separate lineup for each suspect apprehended.
a. Use different fillers in each lineup.
19. Select lineup participants as follows:
a. Same sex and race as suspect.
b. Approximately same age, height and physical makeup as suspect:
(1) If minors under eighteen years of age are recruited as non-
suspect lineup participants:
(a) Obtain written permission of parent or legal guardian
on CONSENT FORM - NON-SUSPECT MINOR
(PD 377-030), using English or Spanish version, as
appropriate, prior to lineup.
(b) Institute measures to isolate minors from harmful
influences in area of lineup.
(c) Have precinct youth officer present, if possible.
(d) Prevent photographs of lineup from being used for
purposes other than evidence.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-24 07/01/14 3 of 3

DETECTIVE c. Similarly clothed.


SUPERVISOR (1) Prevent wearing of any distinctive part of police uniform
(continued) by police participants.
(2) Cover unusual or distinctive clothing worn by suspect.
d. Caution non-suspect participants against indicating position of suspect.
e. Permit suspect to select position in lineup or, if refused, place
suspect in fair position.
20. Prevent interrogation of suspect while being viewed by witness.
21. Do not require lineup participants to say or do anything unless all
participants are required to do the same.
22. Refrain from assisting witness to identify suspect.
23. Prevent witnesses from speaking to each other before, during or after
viewing lineup.
a. Separate witnesses after each viewing.
b. Do not indicate to witnesses if identification was or was not made.
24. Have witnesses view lineup separately.
25. Permit witnesses to view lineup from another room or hidden location, if
necessary.
a. Consider distance in this type of identification.
26. Allow masking of viewers when necessary.
27. Take color photographs of lineups being viewed by witnesses, when
possible. Under no circumstances will black and white photographs be
used.
28. Consult Legal Bureau or District Attorney if difficulties are encountered
during lineup.

ADDITIONAL Emergency identification showups may be conducted when a witness is ill or injured and
DATA may die before proper identification procedures can be complied with. However, every
effort should be made to institute lineup procedures and safeguards at the hospital.

Criminal suspects may be returned to crime scene or held for viewing by a witness only if:
a. Seizure of a suspect is effected within a reasonable time after the commission of
the crime. (Usually, one hour is considered reasonable but facts of case may
permit increasing the time period) AND,
b. Seizure of a suspect is effected within an area reasonably near the crime scene.
(Consider distance that could reasonably be covered within time period given
and under circumstances present) AND,
c. Suspect is shown to witness in a fair and reasonable manner which is not
unnecessarily suggestive.

RELATED Rights of Persons Taken into Custody (P.G. 208-09)


PROCEDURES

FORMS AND CONSENT FORM - NON-SUSPECT MINOR (PD377-030)


REPORTS LINEUP REPORT (PD373-141)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-25

FIRST AND THIRD PLATOON ARRESTS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To provide directions to uniformed members of the service required to work


beyond normal expiration of tour of duty after making first or third platoon arrests.

PROCEDURE When a uniformed member of the service performing duty with the first or third
platoon effects an arrest which results in working beyond the normal expiration
of scheduled tour of duty and officer is scheduled to perform duty with the same
platoon the following day:

FIRST PLATOON ARRESTS

UNIFORMED 1. Continue working beyond normal expiration of scheduled tour of duty, if


MEMBER OF required, to process arrest and comply with the following categories, as
THE SERVICE appropriate:

CATEGORY A If officer returns from court WITHIN SIX HOURS OF


NEXT SCHEDULED 1ST PLATOON TOUR OF DUTY:

Option (1) Perform next scheduled tour of duty with 1st Platoon, or

Option (2) Request next scheduled 1st Platoon tour of duty be


rescheduled to the 2nd Platoon tour of duty, or

Option (3) Submit LEAVE OF ABSENCE REPORT (PD433-041)


for excusal from the next scheduled tour of duty with 1st
Platoon.

CATEGORY B Returns from court AFTER COMMENCEMENT OF


NEXT SCHEDULED 1st PLATOON TOUR OF DUTY:

Option (1) Perform balance of the 1st Platoon tour of duty or

Option (2) Submit LEAVE OF ABSENCE REPORT for excusal


from the remainder of the 1st Platoon tour of duty.

NOTE Whenever a uniformed member of the service elects to perform the next scheduled 1st
Platoon tour of duty or to complete the balance of the 1st Platoon tour of duty (OPTION
1 in CATEGORIES A and B), such officer will be assigned to appropriate police duties
of a non-patrol/non-enforcement nature.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-25 08/01/13 2 of 3

THIRD PLATOON ARRESTS

UNIFORMED 2. Continue working beyond normal expiration of scheduled tour of duty, if


MEMBER OF required, to process arrest and comply with the following categories, as
THE SERVICE appropriate.

CATEGORY A Reaches the District Attorney’s Complaint Room or


other location designated for preparation of the court
affidavit by 0800 hours, officer will automatically be
rescheduled to the 2nd Platoon, and overtime ends as
of 0800 hours, or

CATEGORY B Does not reach the District Attorney’s Complaint


Room or other location designated for the preparation
of the court affidavit by 0800 hours, officer continues
on duty on overtime until Complaint Room processing
is completed or until the start of his next scheduled tour
of duty, whichever comes first. If arrest processing is
completed prior to the start of next scheduled 3rd
Platoon tour of duty, officer will be dismissed at that
time. If arrest processing is not completed prior to the
start of the next 3rd Platoon tour of duty, the officer will
continue working that tour and upon return to
command:

Option (1) Complete remainder of scheduled tour, or

Option (2) Request excusal for remainder of scheduled tour,


needs of the service permitting.

NOTE A uniformed member of the service who elects to continue and complete scheduled 3rd
Platoon tour of duty will be assigned to non-patrol/non-enforcement duty.

ADDITIONAL To enhance auditing procedures regarding court appearances with related overtime,
DATA uniformed members of the service will comply with the following when court attendance
results in overtime:
a. Attach OVERTIME REPORT (PD 138-064) to related COURT ATTENDANCE
RECORD (PD468-141) and submit to desk officer/supervisor for approval.
b. Desk officer/supervisor will ensure that OVERTIME REPORTS and COURT
ATTENDANCE RECORDS are properly prepared and attached as required.
c. OVERTIME REPORTS submitted for attendance at court without the required
COURT ATTENDANCE RECORD attached, shall NOT be approved by desk
officer/supervisor without an investigation being conducted.
d. After the desk officer/supervisor concludes the investigation, the overtime may
be approved if appropriate. However, a copy of the report detailing the facts of
the investigation will be attached to the OVERTIME REPORT in lieu of the
missing COURT ATTENDANCE RECORD.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-25 08/01/13 3 of 3

NOTE Payroll clerks shall process OVERTIME REPORTS with COURT ATTENDANCE
RECORDS/Investigative Reports attached and file with related PAYMENT
REQUESTS (PD 138-066) as directed by A.G. 320-12, “Overtime Report.” COURT
ATTENDANCE RECORDS not involving overtime will continue to be filed as directed in
P.G. 211-01, “Duties And Conduct In Court.”

The procedure outlined above will apply whether cash or time compensation is selected
for the overtime and regardless of the reason for the court appearance.

RELATED Duties and Conduct in Court (P.G. 211-01)


PROCEDURES Overtime (P.G. 205-17)
Overtime Report (A.G. 320-12)

FORMS AND COURT ATTENDANCE RECORD (PD468-141)


REPORTS LEAVE OF ABSENCE REPORT (PD433-041)
OVERTIME REPORT (PD138-064)
PAYMENT REQUESTS (PD138-066)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-26

FORFEITURE PROCEEDINGS FOR SEIZED PROPERTY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/24/18 09/24/18 1 of 3

PURPOSE To retain custody of property (vehicles, money, etc.) seized during the course of an
arrest or investigation as the proceeds of crime, or as a means of furthering a crime, or
as a means of transporting or concealing illegal substances, or as unlawfully obtained.
DEFINITION Property, including vehicles or money, for which forfeiture proceedings may be instituted:
a. VEHICLES
(1) Where the vehicle is used in used in the unlawful transportation of
controlled substances, marijuana, gambling devices and/or
records; or
(2) Where the vehicle is used as a means of facilitating the sale or
possession of controlled substances or marijuana, furthering
illegal gambling, or committing any other criminal activity; or
(3) Where the vehicle is unlawfully obtained or stolen and the true
owner cannot be identified.
b. ALL OTHER PROPERTY, EXCEPT CONTRABAND, WHERE THERE
IS REASONABLE CAUSE TO BELIEVE THAT THE PROPERTY WAS:
(1) Unlawfully obtained (owner not identified)
(2) Stolen (owner not identified)
(3) The means of committing, aiding or furthering a crime, or
(4) The proceeds of crime.

PROCEDURE When property is seized as evidence or for investigation under circumstances in


which forfeiture proceedings may be initiated, follow normal arrest/invoicing
procedures and:

ARRESTING/ 1. Seize property.


INVESTIGATING a. If no arrest is made, confer with immediate supervisor and obtain
OFFICER consent.
b. Property will normally be seized for forfeiture in connection with a
felony or misdemeanor arrest but may also be held for investigation,
under certain circumstances, without an arrest, e.g., if the true owner
is not yet determined or arrest of the true owner is contemplated.
2. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-
141A), as appropriate.
a. On PROPERTY CLERK INVOICE WORKSHEET, check box
“Arrest Evidence” or “Investigatory Evidence,” as appropriate. In
addition, make entry under ‘Remarks’ section ‘Held For Forfeiture
Proceedings,’ and state reasons for forfeiture recommendation in detail.
3. Prepare NOTICE TO PERSONS FROM WHOM PROPERTY HAS
BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124)
as described in P.G. 218-30, “Invoicing Property Taken from a Person’s
Possession,” if applicable.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-26 09/24/18 2 of 3

ARRESTING/ 4. Prepare VEHICLE SEIZURE FORM (PD571-1218), if applicable.


INVESTIGATING a. Provide arrestee an opportunity to sign VEHICLE SEIZURE
OFFICER FORM, if applicable.
(continued) (1) Check box ‘Defendant Refused Signature,’ if applicable.
b. Ensure VEHICLE SEIZURE FORM is issued to arrestee, if
applicable.”

DESK OFFICER 5. Direct command clerk to prepare PROPERTY CLERK INVOICE


(PD521-141) from WORKSHEET, utilizing the Property and Evidence
Tracking System.
6. Make a Command Log entry specifying that the person received the
“Prisoner/Finder/Owner” copy of PROPERTY CLERK INVOICE,
copy of NOTICE TO PERSONS FROM WHOM PROPERTY HAS
BEEN REMOVED BY THE POLICE DEPARTMENT, if applicable,
and copy of VEHICLE SEIZURE FORM, if applicable.
a. Indicate in Command Log if any documents were refused or
refused to be signed and specify the circumstances of refusal(s).
7. Review facts and determine whether forfeiture is appropriate.

NOTE A VEHICLE SEIZURE FORM must be served in all cases in order to proceed with
forfeiture. Failure to serve the VEHICLE SEIZURE FORM may result in the inability
to prosecute forfeiture cases.

8. Forward property to Property Clerk’s Storage Facility with:


a. Appropriate copies of PROPERTY CLERK INVOICE prepared
b. Copy of ON LINE BOOKING SYSTEM ARREST
WORKSHEET (PD244-159), if prepared
c. Copy of Omniform Complaint Revision, if prepared
d. Copy of search warrant or other investigating documents, if prepared.

PROPERTY 9. Forward documents in support of forfeiture to Legal Bureau when a


CLERK claimant makes a demand for return of property.

LEGAL 10. Notify arresting officer if forfeiture proceeding is commenced.


BUREAU

ARRESTING/ 11. Comply promptly with requests received from Legal Bureau to conduct
INVESTIGATING additional investigation, sign affidavits, supply additional documentation,
OFFICER provide testimony, etc.

ADDITIONAL Only ten working days are allowed for commencing forfeiture proceedings once a
DATA proper demand is made at an office of the Property Clerk for return of the property.
Therefore, all steps in this procedure must be complied with promptly.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-26 09/24/18 3 of 3

RELATED Follow-up Investigations of Complaints Already Recorded (P.G. 207-09)


PROCEDURES Invoicing Property - General Procedure(P.G. 218-01)
Invoicing Property Taken from a Person’s Possession (P.G. 218-30)
Unlicensed Peddler Forfeiture Program (P.G. 218-41)
Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture
Proceedings or to Determine True Owner (P.G. 218-19)

FORMS AND ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS PROPERTY CLERK INVOICE (PD521-141)
PROPERTY CLERK INVOICE WORKSHEET (PD521-141A)
NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY
THE POLICE DEPARTMENT (PD521-124)
VEHICLE SEIZURE FORM (PD571-1218)
Omniform Complaint Revision

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-27

DESK APPEARANCE TICKET - GENERAL PROCEDURE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 11

PURPOSE To issue a DESK APPEARANCE TICKET in lieu of detention.

DEFINITIONS DESK APPEARANCE TICKET (DAT) - an appearance ticket issued in lieu of detention,
at the direction of a desk officer, for misdemeanors, violations, and certain Class “E” felonies
for hospitalized prisoners (see “ADDITIONAL DATA”).

UNCOOPERATIVE ACTIONS - Circumstances that occur during or subsequent to


an arrest when the person and/or persons being arrested become completely limp or
refuse to provide assistance in movement, or have to be carried from the arrest
location, effectively taxing police resources during an arrest. Uncooperative
actions alone would not support a charge of Resisting Arrest, though they may
support a charge of Obstructing Governmental Administration 2nd Degree.

DAT LOG – Department record book, maintained by desk officer, captioned across
a double page as follows:

(LEFT PAGE)
DAT Arrest Arrest # Defendant’s Charge(s) Return Arresting
Serial # Date Name Date Officer

(RIGHT PAGE)
Command Tax # Contact # Date/Time Date/Time D.O.
DAT Package DAT Delivered Initials
Received to Borough

PROCEDURE When arresting a prisoner charged with a misdemeanor or violation:

ARRESTING 1. Comply with appropriate arrest processing guidelines and remove prisoner to
OFFICER precinct of arrest/designated arrest facility and advise desk officer of facts.

DESK OFFICER 2. Inform prisoner that he/she may be issued a DESK APPEARANCE
TICKET, if qualified.
a. Refer to ADDITIONAL DATA statement under heading, “DESK
APPEARANCE TICKET GUIDELINES” for DAT issuance guidelines.
b. Refer to ADDITIONAL DATA statement under heading, “UNLAWFUL
POSSESSION OF MARIHUANA ARRESTS”, if only charge against
prisoner is Unlawful Possession of Marihuana (Penal Law section 221.05,
violation) and the prisoner does not qualify for a summons.
3. Direct arresting officer to ascertain the defendant’s identity in accordance
with P.G. 208-28, “Identification Standards for Desk Appearance Tickets.”
4. Direct arresting officer to conduct interview using DESK APPEARANCE
TICKET INVESTIGATION (PD360-091).

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-27 03/18/19 2 of 11

IF INDIVIDUAL IS NOT DISQUALIFIED UNDER THE FIVE STEP


ELIGIBILITY PROCESS:

DESK OFFICER 5. Ensure that Identification Section is conferred with to determine if prisoner
has a previous conviction which would raise the current charge to a felony:
a. The current charge entered on the ON-LINE BOOKING SYSTEM
ARREST WORKSHEET (PD244-159) will not be changed solely
from information received by telephone.
6. Ensure that arrest data is entered into the OMNIFORM System and the
prisoner is fingerprinted immediately utilizing “LIVESCAN.”
a. Arrest processing type “Desk Appearance Ticket” must be used, EXCEPT
for those DAT(S) returnable to Community Court (Midtown or Red Hook),
in which case arrest processing type “Community Court Desk Appearance
Ticket” MUST be utilized.
7. Have arresting/assigned officer complete all DAT arrest related paperwork
while awaiting the results of the fingerprint check.
8. Monitor the OMNIFORM system to determine if DAT has been approved:
a. Users will sign-on to OMNIFORM and select “DAT Processing”
b. Select “Awaiting DAT” from the drop-down menu
c. Enter Command in the “Search by Command” field
d. A list of DAT(S) currently being processed will be displayed
e. Review the “DAT OK” column for results
f. If the response reads “NO,” a DAT must not be issued and the prisoner
must be processed online
(1) If OMNIFORM DAT Arrest Info Screen indicates that the prisoner
has warrants, is on parole/probation, is a recidivist, owes DNA, etc.,
the system will automatically preclude the desk officer from issuing
a DAT.
g. If the response reads, “WAIT” the processing of the fingerprints is not
complete and the member should check back at reasonable intervals
h. If the response reads “YES,” click the “DAT” button
i. Assign DESK APPEARANCE TICKET serial number and
complete appropriate captions in DAT Log.
j. Enter the Return Date (obtained as per borough guidelines), Time,
Arraignment Part, DAT Serial Number and Court, in applicable captions
k. Select “Update” and review the DAT
l. Select the “Print” icon to print the DAT.
9. Contact the borough court section to ascertain the status of the fingerprint
check, if the OMNIFORM system indicates “Wait” after four hours from
the time the prisoner was fingerprinted.

BOROUGH 10. Determine the processing status of the prisoner’s fingerprints and request
COURT that the Division of Criminal Justice Services expedites the required
SECTION fingerprint search.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-27 03/18/19 3 of 11

DESK OFFICER 11. Inform prisoner of ineligibility for DESK APPEARANCE TICKET if:
a. Excluded by guidelines listed in ADDITIONAL DATA statement under
heading, “DESK APPEARANCE TICKET GUIDELINES,” OR,
b. The prisoner fails the five-step eligibility process, OR,
c. The prisoner has a previous conviction which would raise the current
charge to a felony.
12. Inform prisoner not eligible for DESK APPEARANCE TICKET that
he/she may be processed for bail.
a. Bail will not be accepted if the prisoner owes DNA.
13. Direct issuance of DESK APPEARANCE TICKET if prisoner is eligible
and is likely to appear in court on the return date.
14. Request precinct detective squad or other investigative unit to debrief
prisoner, if appropriate.
15. Ensure that arrest processing officer, or other designated member, utilizes
the computerized DAT system through any FINEST or LAN terminal
which has OMNIFORM access, in accordance with the simplified DAT
Issuance Procedures listed in step “8,” above.
a. Ensure the original DAT is signed by:
(1) Prisoner
(2) Issuing officer
(3) Desk officer.
b. Ensure that three photocopies of the DAT are prepared, and copies
are filed as listed:
(1) Original - included in DAT ARREST PACKAGE
(2) Copy - defendant
(3) Copy - arresting officer/complainant
(4) Copy - command file.
c. Utilize snap-out version of DESK APPEARANCE TICKET
(PD260-121) only if command does not have a computerized DAT
system (FINEST or LAN terminal which has OMNIFORM access),
or if such system becomes non-operational.
(1) Notify borough court section supervisor if snap-out version
of DAT issued.

ARRESTING 16. Make DESK APPEARANCE TICKET returnable to arraignment part of


OFFICER Criminal Court except if:
a. Returnable to Family Court
b. Necessary to permit arraignment of all prisoners in same Court Part
c. Returnable to Community Court.
17. Enter name, address, and telephone number of civilian complainant, if any,
in space marked “Additional Instructions” on original copy of DESK
APPEARANCE TICKET ONLY (i.e., copy which is included in the DAT
ARREST PACKAGE (PD260-123) forwarded to court).
18. Deliver completed DESK APPEARANCE TICKET and arrest related
documents in the DAT ARREST PACKAGE envelope to the desk officer.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-27 03/18/19 4 of 11

DESK OFFICER 19. Check all arrest related paperwork for completeness and accuracy.
a. Ensure that all required arrest paperwork is included in the DAT
ARREST PACKAGE by utilizing the check boxes listed on the
front of the envelope.
20. Ensure a Prisoner Movement Slip, with digital photograph, is generated.
a. Two copies of the Prisoner Movement Slip must be included in the
DAT ARREST PACKAGE.
21. Attach printouts of all warrant checks conducted (as per P.G. 208-22,
“Performing Local, State and Federal Warrant Checks”) to DESK
APPEARANCE TICKET INVESTIGATION and include in DAT
ARREST PACKAGE.
22. Forward DESK APPEARANCE TICKET INVESTIGATION:
a. With DAT ARREST PACKAGE when issued, OR
b. To borough court section booking facility with escorting officer and
prisoner, when not issued.

BOROUGH 23. File “denied” DESK APPEARANCE TICKET INVESTIGATION(S) in


COURT a separate file by arrest date.
SECTION
COMMANDS NOT UNDER PATROL SERVICES BUREAU, HOUSING
BUREAU, OR TRANSIT BUREAU

SUPERVISOR 24. Forward completed DAT ARREST PACKAGE to the precinct, police
CONCERNED service area, or transit district which issued the DAT serial number.
a. Ensure package is delivered by midnight (2400 hours) on date of
arrest.
25. Notify desk officer of the command which issued the DAT serial number
prior to midnight of reason for the delay (e.g., late arrest), if delivery of
DAT ARREST PACKAGE cannot be completed by midnight.
a. Deliver package directly to appropriate patrol borough, housing
borough, or transit borough, prior to the second platoon, if delivery
of DAT ARREST PACKAGE cannot be completed by midnight.

PRECINCT/ 26. Make a Command Log entry when notified by a supervisor from outside
POLICE command that delivery of the DAT ARREST PACKAGE will not be
SERVICE completed by midnight on date of arrest.
AREA/TRANSIT a. Notate “PENDING” in the left margin of the DESK
DISTRICT DESK APPEARANCE TICKET INDEX (PD260-122), next to
OFFICER
appropriate DAT serial number.

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DELIVERY OF DAT ARREST PACKAGES TO BOROUGH

PRECINCT/ 27. Prepare DESK APPEARANCE TICKET INDEX (PD260-122), listing


POLICE all DAT(S) issued during the previous twenty-four hour period, in
SERVICE numerical order, by DAT serial number.
AREA/TRANSIT a. Sign name in caption provided on bottom of form.
DISTRICT DESK 28. Direct a uniformed member of the service to deliver the DESK
OFFICER, FIRST
APPEARANCE TICKET INDEX and all DAT ARREST
PLATOON
PACKAGE(S) to the Patrol Borough, Housing Borough, or Transit
Borough, as appropriate, prior to 0100 hours.
29. Make Command Log entry including arrest number(s), DAT serial
number(s), arresting officer, and messenger’s rank and name.

COMMAND 30. Safeguard and deliver the DESK APPEARANCE TICKET INDEX and all DAT
MESSENGER ARREST PACKAGES to the applicable borough, as directed by the desk officer.
a. Obtain receipt signature from the receiving borough member on
DESK APPEARANCE TICKET INDEX.
31. Deliver command copy of DESK APPEARANCE TICKET INDEX to
desk officer.

PRECINCT/ 32. File command copy of DESK APPEARANCE TICKET INDEX.


POLICE 33. Enter disposition (i.e., date/time DAT(S) delivered to borough) of DAT
SERVICE ARREST PACKAGE(S) in applicable captions of DAT Log.
AREA/TRANSIT
DISTRICT DESK
OFFICER, FIRST
PLATOON
PATROL/ 34. Receipt for delivery of DAT(S) on the DESK APPEARANCE TICKET INDEX.
HOUSING/ a. File applicable copy of DESK APPEARANCE TICKET INDEX.
TRANSIT 35. Prepare DESK APPEARANCE TICKET TRANSMITTAL TO
BOROUGH BOROUGH COURT SECTION (PD260-122A), listing all DAT
MEMBER ARREST PACKAGE(S) to be sent to borough court section.
36. Ensure that all DAT ARREST PACKAGE(S), along with the DESK
APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT
SECTION, are delivered to the appropriate borough court section DAT
office on the second platoon, Monday through Friday.

ARRESTING 37. Respond to Court Sign-In Room, if notified to appear at District Attorney’s
OFFICER Complaint Room to draw up court complaint.
a. Proceed to appropriate location as directed by court section
personnel or as indicated on notification.

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208-27 03/18/19 6 of 11

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
DAT issuance should never be based solely upon the OMNIFORM system checks.
Members of the service must conduct checks required by this procedure prior to entering
the ON-LINE BOOKING SYSTEM ARREST WORKSHEET into the OMNIFORM
system. OMNIFORM does not conduct the warrant checks required by this procedure.

ISSUANCE OF DAT NUMBERS

DAT serial numbers will consist of a three-digit command code followed by a dash and the
next sequential number, beginning with the number one each year. For example, the first
DAT serial number issued by the 68 Precinct shall be 068-1.

The desk officer, command processing the arrest (i.e., precinct, police service area, or
transit district), will assign all DAT serial numbers for DESK APPEARANCE TICKETS
issued at the command, regardless of jurisdiction of arrest, or command of assignment of
the arresting officer, etc.

DESK APPEARANCE TICKET GUIDELINES

A DESK APPEARANCE TICKET will not be issued in the following circumstances:


a. Arrest on a warrant
b. Below listed offenses unless prisoner is hospitalized (If DESK
APPEARANCE TICKET is issued, notify borough court section
concerned)
(1) Criminal possession of a weapon, 4th degree, firearm only,
(Section 265.01, Penal Law)
(2) Manufacture, transport, disposition and defacement of weapons
and dangerous instruments and appliances (Section 265.10, Penal
Law)
(3) Prohibited use of weapons (Section 265.35, Penal Law, sub. 1 and
3)
(4) Jostling (165.25, Penal Law)
(5) Fraudulent accosting (Section 165.30, Penal Law) except if
specifically charged with operating a “Three Card Monte” game
(6) Sexual abuse, 2nd degree (Section 130.60, Penal Law)
(7) Criminal impersonation, 2nd degree (Section 190.25, Penal Law,
sub. 3)
(8) Promoting prostitution, 4th degree (Section 230.20, Penal Law)
(9) Loitering for the purpose of promoting prostitution (Section
240.37, Penal Law, sub. 3)
(10) Prostitution (Section 230.00, Penal Law)
(11) Patronizing a prostitute, 3rd degree (Section 230.04, Penal Law)
(12) Prostitution in a school zone (Section 230.03, Penal Law)
(13) Trademark counterfeiting, 3rd degree (Section 165.71, Penal Law)
(14) Arson, 5th degree (Section 150.01, Penal Law).
c. Prisoners under the influence of drugs/alcohol to the degree that they may
endanger themselves or others

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ADDITIONAL d. Family offenses - complainant/victim and offender are members of the


DATA same family/household as defined in the Family Court Act or as defined in
(continued) the expanded definition of a family/household in P.G. 208-36, “Family
Offenses/Domestic Violence,” AND:
(1) Any offense is committed and an arrest is effected
(2) Offender has violated an Order of Protection
(3) Complainant/victim requests the opportunity to obtain an Order of
Protection, OR the facts of the case indicate an immediate need to
secure an Order of Protection because there is a strong possibility that
violence against the complainant/victim will recur (e.g., past history of
assaults against complainant/victim, statements made by the defendant,
active present hostility against complainant/victim, etc.).
e. Offender has violated an Order of Protection, OR complainant/victim
requests the opportunity to obtain an Order of Protection, OR the facts of
the case indicate an immediate need to secure an Order of Protection
because there is a strong possibility that violence against the
complainant/victim will recur (e.g., past history of assaults against
complainant/victim, statements made by the defendant, active present
hostility against complainant/victim, etc.)
f. Arrest for Harassment 1st Degree (Penal Law 240.25, or Menacing 2nd
Degree (Penal Law 120.14[2]) -“Stalking” offenses
g. Arrest for Criminal Sale of Marihuana 4th Degree (Penal Law 221.40) or,
Criminal Sale of Marihuana 5th Degree (Penal Law 221.35)
h. Arrest for Assault 3rd Degree (Penal Law 120.00), Attempted Assault 3rd
Degree (Penal Law 110/120.00), Menacing 2nd Degree (Penal Law
120.14), Menacing 3rd Degree (Penal Law 120.15), Harassment 1st
Degree (Penal Law 240.25), Aggravated Harassment (Penal Law 240.30),
and Reckless Endangerment 2nd Degree (Penal Law 120.20) when
committed against a city/state enforcement agent performing official duty
i. Arrest for violation of Section 1192, intoxication/impaired driving
subdivisions (1), (2), (3) or (4) – Vehicle & Traffic Law (except DESK
APPEARANCE TICKET may be issued to eligible prisoner, hospitalized
more than twenty-four hours providing prisoner did not cause serious
physical injury or death to another)
j. Vehicle offenses:
(1) Arrest for Attempted Grand Larceny 4th Degree (Penal Law 110/
155.30); Class “A” Misdemeanor
(2) Intentionally damages a vehicle up to $250 (window break) when
in connection with attempt to steal auto, OR larceny of contents of
auto (e.g., radio) - Class “A” Misdemeanor.
k. Arrest for an offense which would constitute child abuse, neglect, or
maltreatment (see P.G. 215-03,”Emergency Removals or Investigation
and Reporting of Abused, Neglected or Maltreated Children” and P.G.
208-36, “Family Offenses/Domestic Violence”)
l. Misdemeanor Recidivists - when a warrant check printout indicates
“Misdemeanor Recid Notify DA In ECAB”
m. Aggravated Unlicensed Operation of a Motor Vehicle, 2nd Degree, (VTL
511 [2][a]; Misdemeanor, and 1st Degree, VTL 511 [3] [a]; Felony)
n. Criminal Trespass, 3rd Degree (Penal Law 140.10), when in connection
with a building utilized for commercial/office purposes

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ADDITIONAL o. Whenever a person is arrested for threatening, harassing or menacing a


DATA uniformed member of the service, an elected official or any other city,
(continued) state or federal employee
p. Arrest for Unlawful Eviction (Administrative Code 26-521)
q. Arrest for Interference with Professional Sporting Event (Administrative
Code Section 10-162); Unclassified Misdemeanor
r. Arrest for Resisting Arrest (Penal Law 205.30); Class “A” Misdemeanor
s. *Arrest for Obstructing Governmental Administration 2nd Degree (Penal
Law 195.05); Class “A” Misdemeanor (see below)
t. Whenever the OMNIFORM DAT Arrest Info Screen indicates that the
individual “owes DNA”
u. Fireworks offenses:
(1) Arrest for the offering, selling or furnishing of fireworks valued at
$500 or more (Penal Law 270.00[2][a][ii]); Class “A”
Misdemeanor
(2) Arrest for the sale of dangerous fireworks, fireworks or sparkling
devices to a person under the age of eighteen (Penal Law
270.00[2][a][iv]); Class “A” Misdemeanor.
v. Arrest for Sexual Misconduct (Penal Law 130.20), Forcible Touching
(Penal Law 130.52), Sexual Abuse 2nd Degree (Penal Law 130.60) or 3rd
Degree (Penal Law 130.55).

*A person arrested for Obstructing Governmental Administration 2nd Degree may be


issued a DAT if he/she engaged in uncooperative actions (see “DEFINITIONS”) and is
otherwise qualified.

A DAT should not be issued to a person who uses mechanical means, i.e., a “sleeping
dragon,” chaining oneself to a stationary object, etc., to impede his/her removal and
arrest processing.

If OMNIFORM DAT Arrest Info Screen indicates that the prisoner has warrants, is on
parole/probation, is a recidivist, owes DNA, etc., the system will automatically preclude the desk
officer from issuing a DAT.

Under this procedure, a prisoner who is an admitted drug addict, and not undergoing
treatment at a Methadone Treatment Center, will continue to be eligible for DESK
APPEARANCE TICKET consideration.

Issue DAT to an eligible prisoner who is otherwise considered “special category” as


defined in P.G. 210-17, “Arrest Processing of Pre-Arraignment Prisoners Designated as
‘Special Category’.”

IDENTIFICATION STANDARDS

P.G. 208-28, “Identification Standards for Desk Appearance Tickets” describes a sequential
four step identification process to be followed during arrest processing in order to determine
a defendant’s eligibility for a DESK APPEARANCE TICKET and involves the following
components:
a. Stricter Identification Standards
b. New York State Probation/Parole Status Inquiry

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ADDITIONAL c. Warrant Check/INVESTIGATION CARDS (PD373-163)


DATA d. Department of Motor Vehicles Name Check
(continued)
ACCOUNTABILITY

The decision to issue a DAT to an eligible prisoner rests solely with the desk officer. UNDER NO
CIRCUMSTANCES WILL THE PRISONER BE RELEASED UNTIL THE FINGERPRINT
CRIMINAL HISTORY HAS BEEN RECEIVED AND REVIEWED. The desk officer, based
upon the information contained in the OMNIFORM system (in addition to other information obtained
during the course of the DAT investigation), will either have a DAT issued to the prisoner or have the
arrest processed “on line.”

The Borough Administrator is responsible to ensure that all DAT(S) issued and/or
delivered by their subordinate commands are completed accurately and in a timely manner
according to this procedure.

Any questions regarding arrest or DAT procedures should be directed to the applicable borough
court section.

UNLAWFUL POSSESSION OF MARIHUANA ARRESTS

If the only charge against a prisoner is Unlawful Possession of Marihuana (Section 221.05,
P.L. - Violation) and the prisoner does not qualify for a summons, the prisoner MUST be
processed for a DESK APPEARANCE TICKET. However, normal DESK APPEARANCE
TICKET INVESTIGATION verifications do not apply in this type of case. The only
disqualifying factors regarding the issuance of a DESK APPEARANCE TICKET are:
a. Inability to ascertain defendant’s identification or address, OR,
b. Officer reasonably suspects that identification or address given is
inaccurate, OR,
c. Officer believes that prisoner does not reside within the state,
d. The prisoner owes DNA.

If the only charge is Unlawful Possession of Marijuana (Section 221.05, P.L. – Violation)
a field test must be completed in accordance with P.G. 218-08, ‘Field Testing of
Marijuana by Authorized Uniformed Members of the Service”

In this instance, if the prisoner also does not qualify for a DESK APPEARANCE
TICKET, the desk officer must release the prisoner if $100.00 pre-arraignment bail is
posted (see P.G. 210-09, “Bail”). However, the prisoner will not be released if he/she
owes DNA.

DELIVERY OF DAT PACKAGES TO BOROUGH COURT SECTION

DAT(S) will only be delivered to the borough court section DAT office, Monday through Friday, on
the second platoon. On weekends and court holidays, the Patrol Borough, Housing Borough, and
Transit Borough will safeguard the DAT packages for delivery on the next second platoon that court is
in session.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-27 03/18/19 10 of 11

ADDITIONAL WARRANT AND INVESTIGATION CARD CHECKS


DATA
(continued) Prior to releasing a prisoner who is being issued a DESK APPEARANCE TICKET at the
precinct of arrest/designated arrest facility, an INVESTIGATION CARD (PD373-163)
check and a warrant name check of local/state/federal files will be conducted in
accordance with P.G. 208-22, ‘Performing Local, State and Federal Warrant Checks.’

If the INVESTIGATION CARD and/or warrant name check reveals prisoner is wanted on an
INVESTIGATION CARD as “Perpetrator – Probable Cause to Arrest,” the desk officer will
immediately notify the Detective Bureau Wheel and make every reasonable effort to release that
prisoner on a DESK APPEARANCE TICKET (DAT) following a conferral with Detective
Bureau personnel. If the prisoner is approved for a DAT, prisoner will only be released directly
to the custody of the Detective Bureau member tasked with processing investigation/arrest. In this
case, some or all normal DAT qualifiers should be disregarded due to prisoner’s imminent re-
arrest by Detective Bureau personnel, but desk officers should still exercise common sense
standards when making DAT determinations. The detective squad concerned will cancel the
INVESTIGATION CARD immediately upon arrest.

In all cases, desk officers must review any relevant printout screen or results to ensure that the
four step eligibility process was properly conducted. In addition, desk officers shall monitor the
OMNIFORM system within their commands to ensure its proper use. If prisoner is released at
precinct of arrest/designated arrest facility, or removed to borough court section booking
facility, attach any relevant printouts to DESK APPEARANCE TICKET INVESTIGATION.
If Department Local Area Network (LAN) terminal is inoperative, request the patrol borough
to conduct the checks. Should the borough terminal also be inoperative, an adjoining
precinct/designated arrest facility will be requested to conduct these checks. If the entire LAN
system is out of service for more than twenty minutes, the Warrant Verification Desk will be
requested by telephone to process and supply the necessary checks.

DESK APPEARANCE TICKET ELIGIBILITY FOR OUT OF STATE RESIDENTS

When attempting to determine whether to issue a DESK APPEARANCE TICKET to a person who
does not reside or work in New York State but is otherwise qualified, the desk officer should consider
the distance the arrested person will have to travel on the arraignment date. The person should be
questioned concerning his/her ability and willingness to appear in court for arraignment on the
scheduled return date. If the desk officer believes that the person will not appear as required, a DESK
APPEARANCE TICKET WILL NOT be issued. If the person arrested requests a minor adjustment
in the return date and gives an unqualified promise to appear on the revised date, the desk officer must
use discretion in determining if the return date should be adjusted and a DESK APPEARANCE
TICKET issued.

In unusual circumstances when the ends of justice will be served and undue hardship will be
averted by not holding an out of state defendant in custody (e.g., elderly or infirm defendant
or defendant accompanied by children, etc.), a short date DESK APPEARANCE TICKET
returnable the following day, may be issued. However, if doubt exists concerning attendance
of the defendant, a DESK APPEARANCE TICKET WILL NOT be issued.

When a short date DESK APPEARANCE TICKET is issued to an out of state defendant, the
desk officer must ensure that the DAT ARREST PACKAGE is sent to the appropriate Patrol
Borough, Housing Borough, or Transit Borough. In addition, the desk officer must notify the
applicable borough of the short return date. Patrol Borough, Housing Borough, or Transit
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208-27 03/18/19 11 of 11

ADDITIONAL Borough personnel will ensure the delivery of the DAT ARREST PACKAGE to the borough
DATA court section is expedited. Borough Court Section personnel will immediately process the
(continued) DESK APPEARANCE TICKET related papers to ensure that the Fingerprint criminal
history (RAP) sheet is available when the defendant is arraigned. In all such cases, the
arresting officer (if not excused) and the complainant (in appropriate cases) will proceed to the
Complaint Room. If the Complaint Room is not open, the officer and/or complainant will
report to the Complaint Room as soon as it opens to draw the court complaint.

DESK APPEARANCE TICKET ELIGIBILITY FOR HOSPITALIZED PRISONERS

A DESK APPEARANCE TICKET may be issued to an eligible hospitalized prisoner who is


charged with a Class “E” Felony except for those Class “E” Felonies listed as follows:

PENAL LAW SECTION CHARGE

130.25 Rape, 3rd Degree


130.40 Criminal Sexual Act, 3rd Degree
205.10 Escape, 2nd Degree
205.17 Absconding from Temporary Release, 1st Degree
205.19 Absconding from a Community Treatment Facility
215.56 Bail Jumping, 2nd Degree
195.07 Obstructing Governmental Administration, 1st Degree

Criminal photographs need not be taken of a hospitalized prisoner who is issued a DESK
APPEARANCE TICKET for a Class “E” Felony.

PARTICIPATING DEPARTMENT STORE PROGRAM


When an arrest is made by a security officer of a participating department store and the
offense is one for which a DESK APPEARANCE TICKET may be issued, the desk officer
will direct the arrest processing officer to assist the store security officer in processing the
arrest in order to maintain compliance with this procedure.
RELATED Performing Local, State and Federal Warrant Checks (P.G. 208-22)
PROCEDURES Computerized Investigation Card System (P.G. 208-23)
Identification Standards for Desk Appearance Tickets (P.G. 208-28)
Family Offenses/Domestic Violence (P.G. 208-36)
Intoxicated or Impaired Driver Arrest (P.G. 208-40)
Suspended or Revoked Vehicle Operator’s License (P.G. 209-26)
Bail (P.G. 210-09)
Arrest Processing of Pre-Arraignment Prisoners Designated as “Special Category” (P.G. 210-17)
FORMS AND DAT ARREST PACKAGE (PD260-123)
REPORTS DESK APPEARANCE TICKET (COMPUTER FORM)
DESK APPEARANCE TICKET (PD260-121)
DESK APPEARANCE TICKET INDEX (PD260-122)
DESK APPEARANCE TICKET INVESTIGATION (PD360-091)
DESK APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT SECTION (PD260-122A)
INVESTIGATION CARD (PD373-163)
ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-28

IDENTIFICATION STANDARDS FOR DESK APPEARANCE TICKETS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 3

PURPOSE To establish identification standards and eligibility requirements prior to the


issuance of a DESK APPEARANCE TICKET.

SCOPE The process to be followed during arrest processing in order to determine eligibility
for a DESK APPEARANCE TICKET will be sequential. The following is a four-
step procedure that shall be implemented by arresting officers in the order listed:
a. Stricter Identification Standards
b. New York State Probation/Parole Status Inquiry
c. Warrant Check/INVESTIGATION CARDS (PD373-163)
d. Department of Motor Vehicles Name Check
As each category is checked, if there is a negative result, the inquiry will be
brought to the next step. When information is received that will disqualify an
individual from DESK APPEARANCE TICKET consideration, further
inquiries will cease and the arrest will be processed online. This four step
eligibility process is both comprehensive and labor intensive.

PROCEDURE When an individual is applying for the issuance of a DESK APPEARANCE TICKET:

ARRESTING 1. Establish individual’s identification and eligibility for the issuance of a DESK
OFFICER APPEARANCE TICKET by the following:
a. STRICTER IDENTIFICATION STANDARDS – The following
forms of identification satisfy the need to properly identify individuals
applying for release via DESK APPEARANCE TICKETS:
(1) New York State Driver’s License, Permit, or Non-Driver
Photo Identification
(2) Valid passport
(3) United States military photo identification
(4) Citizenship or naturalization papers
(5) Resident alien card
(6) Driver’s License (out of state/country)
(7) Municipal Identification Card (ID NYC).
b. NEW YORK STATE/U.S. EASTERN DISTRICT FEDERAL
PROBATION/PAROLE STATUS INQUIRY - Inquiry will be made
through the Domain Awareness System (DAS) to ascertain
Probation/Parole status of prisoners seeking release through the DESK
APPEARANCE TICKET process. If DAS is not operational,
conduct warrant check through FINEST system. If it is confirmed that
the prisoner seeking release on a DESK APPEARANCE TICKET
is currently on probation or parole, a DESK APPEARANCE
TICKET will NOT be issued to that individual.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-28 03/18/19 2 of 3

ARRESTING c. WARRANT CHECKS/INVESTIGATION CARD - A local, state,


OFFICER and federal warrant check will be conducted as per P.G. 208-22,
(continued) “Performing Local, State and Federal Warrant Checks.” The
presence of an active warrant from this inquiry will disqualify an
individual from receiving a DESK APPEARANCE TICKET.
(1) Comply with P.G. 208-23, “Computerized Investigation Card
System,” if an INVESTIGATION CARD has been assigned.
(2) OCA designations that begin with the letter X:
This category consists of individuals who are target narcotics
violators
(3) OCA designations that begin with the letter I:
This file contains individuals who are wanted by a particular
detective squad for a specific crime, or for questioning relative
to a crime. In these cases, a telephone notification to the
Detective Bureau Wheel is required (See P.G. 208-23,
“Computerized Investigation Card System”).
d. DEPARTMENT OF MOTOR VEHICLES NAME CHECK
Name checks will be made through the FINEST System under the
NYSPIN/DMV menu headings: NYS Driver Group Search
(DGRP) and NYS Driver Inquiry (DLIC). First, use the DGRP
command. This will determine if the individual is using multiple
or similar names. If so, attempt to match the pedigree information
provided on the display screen with the subject who is physically
present. Next, enter this data into the DLIC system. If the DLIC
system reveals that the subject:
(1) Has three or more license suspensions on three or more
different dates, or
(2) Is operating a vehicle with a revoked driver’s license, or
(3) Has an outstanding federal, state, or local warrant, or
(4) Has ever been the subject of an issued federal, state, or
local warrant at any time, or
(5) Is arrested for operating a motor vehicle while having a
revoked driver’s license, or
(6) Has been convicted of unlicensed operation of a motor
vehicle any degree, within the previous eighteen months,
or
(7) Has had their operator’s license suspended based upon
having ever refused to submit to a chemical test for
alcohol, or
(8) Has had their operator’s license suspended based upon
failure to pay child/spousal support as outlined in VTL 510
(4e), then the subject WILL BE DENIED a DESK
APPEARANCE TICKET.

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-28 03/18/19 3 of 3

DESK OFFICER 2. Use common sense standards based upon the age and/or physical
condition of a prisoner to ensure that the best interests of the Department
will be served by not denying the issuance of a DESK APPEARANCE
TICKET, in the course of determining eligibility.

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
DAT issuance should never be based solely upon the OMNIFORM system checks.
Members of the service must conduct checks required by this procedure prior to entering
the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) into the
OMNIFORM system. OMNIFORM does not conduct the warrant checks required by this
procedure.

IDENTIFICATION STANDARDS

Members should note that these are general guidelines and other valid forms of
identification may be acceptable. Even when an individual possesses identification and
a uniformed member of the service has reasonable suspicion with regard to the veracity
of the identification presented, the desk officer will make the final determination as to
whether the defendant’s identity has been ascertained.

FALSE PERSONATION

In addition to producing one of the above valid forms of identification, the prisoner must
also provide legitimate, verifiable proof of a valid current address. When attempting to
ascertain a prisoner’s identity, the uniformed member of the service concerned should
inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or
address to a police officer, with intent to prevent a police officer from ascertaining such
information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree
information should be charged under Penal Law 190.23 (False Personation, B. Misd.).

The desk officer considering DESK APPEARANCE TICKET eligibility will determine the
validity of the prisoner’s offered address. If the desk officer is not satisfied that the prisoner
has offered proper evidence of a valid current address, the prisoner shall NOT be issued a
DESK APPEARANCE TICKET. In order to ensure that the process for determining
eligibility for a DESK APPEARANCE TICKET is properly conducted, desk officers will be
responsible to have arresting officers bring to the borough court section a copy of any
inquiry which eliminated the prisoner from DESK APPEARANCE TICKET consideration.
In those cases where eligibility was denied because of unverified identification or address
information, a notation will be entered on the ON-LINE BOOKING SYSTEM
WORKSHEET under “Details” and initialed by the desk officer.

RELATED Performing Local, State and Federal Warrant Checks (P.G. 208-22)
PROCEDURES Computerized Investigation Card System (P.G. 208-23)
Desk Appearance Ticket - General Procedure (P.G. 208-27)
Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30)
Arrest Processing - Aggravated Unlicensed Operation of a Motor Vehicle (P.G. 208-53)

FORMS AND DESK APPEARANCE TICKET (COMPUTER FORM)


REPORTS ON-LINE BOOKING SYSTEM WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-30

DESK APPEARANCE TICKET – HOSPITALIZED PRISONER


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To issue a DESK APPEARANCE TICKET to a hospitalized prisoner who was


ineligible for a DESK APPEARANCE TICKET at time of arrest due to
physical or mental condition.

PROCEDURE When a hospitalized prisoner has recovered sufficiently to be issued a DESK


APPEARANCE TICKET:

GUARDING 1. Notify desk officer that prisoner’s condition permits issuance of a DESK
MEMBER OF APPEARANCE TICKET.
THE SERVICE

DESK OFFICER 2. Direct patrol supervisor to determine condition of prisoner and duration
of confinement.
3. Direct guarding officer to follow P.G. 208-27, “Desk Appearance Ticket -
General Procedure.”
4. Have DESK APPEARANCE TICKET issued if prisoner qualifies.

GUARDING 5. Obtain DESK APPEARANCE TICKET return date in accordance with


MEMBER OF appropriate borough guidelines.
THE SERVICE a. Ensure that return date is after tentative date of prisoner’s
discharge from hospital.
6. Notify borough court section concerned that DESK APPEARANCE
TICKET has been issued, and provide the following information:
a. DESK APPEARANCE TICKET serial number
b. Return date
c. Court to which DESK APPEARANCE TICKET is returnable
d. Date and time of release of prisoner.

DESK OFFICER/ 7. Have arresting officer notified.


COUNTERPART 8. Distribute DESK APPEARANCE TICKET as follows:
a. Original copy in DAT ARREST PACKAGE (PD260-123)
b. One photocopy each to defendant, arresting officer/complainant, and
command file.
9. Make the following entries on ON LINE BOOKING SYSTEM
ARREST WORKSHEET (PD244-159) or ARREST REPORT -
SUPPLEMENT (PD244-157):
a. Return date of DESK APPEARANCE TICKET
b. DESK APPEARANCE TICKET serial number
c. Court to which returnable.

NOTE Forward DAT ARREST PACKAGE with required paperwork as per P.G. 208-27,
“Desk Appearance Ticket – General Procedure.”

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ARRESTING 10. Determine on day prior to return date if prisoner is still hospitalized.
OFFICER a. Ascertain approximate date of discharge, if still confined.
11. Notify borough court section supervisor if prisoner remains hospitalized.

BOROUGH 12. Request adjournment to a day subsequent to prisoner’s tentative release


COURT from the hospital.
SECTION 13. Direct roll call clerk of arresting officer’s command to notify arresting
SUPERVISOR officer of adjourned date.

ROLL CALL 14. Make entry in command diary and notify arresting officer of new court
CLERK date, if required to appear.

DESK OFFICER 15. Have defendant notified of adjourned date.


WHERE
HOSPITAL IS
LOCATED

ADDITIONAL If prisoner is ineligible for a DESK APPEARANCE TICKET, he/she may be issued a
DATA DESK APPEARANCE TICKET providing he/she can post bail. If the hospitalized prisoner
is confined outside the precinct of record, the desk officer/counterpart will notify the precinct
where hospital is located that he/she has accepted bail (see P.G. 210-09, “Bail”). The
member guarding the prisoner will fingerprint him/her, if required.

RELATED Desk Appearance Ticket – General Procedure (P.G. 208-27)


PROCEDURES Bail (P.G. 210-09)
Hospitalized Prisoners (P.G. 210-02)

FORMS AND ARREST REPORT – SUPPLEMENT (PD244-157)


REPORTS DAT ARREST PACKAGE (PD260-123)
DESK APPEARANCE TICKET
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-34

BRIBERY ARREST BY UNIFORMED MEMBERS OF THE SERVICE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/08/19 05/08/19 1 of 4

PURPOSE To assist a uniformed member of the service who effects an arrest for bribery
from time of arrest to final disposition of case.

PROCEDURE When a bribe has been offered and circumstances do not permit prior
consultation with a member of the Internal Affairs Bureau:

ARRESTING 1. Make summary arrest and follow appropriate arrest processing guidelines.
OFFICER

NOTE In situations where subsequent arrest for bribery is made after the original arrest
charge has been processed, (i.e., arrest number has been generated), but prior to the
prisoner being arraigned, an ARREST REPORT SUPPLEMENT (PD244-157) must
be prepared describing the circumstances surrounding the additional charge of bribery.

2. Notify desk officer/supervisor.

DESK OFFICER/ 3. Confer with Legal Bureau if:


SUPERVISORY a. Legality of charges are in doubt
MEMBER b. Immediate legal assistance is required.

NOTE If Legal Bureau is closed, call Operations Unit to arrange a consultation with a
Department Attorney.

4. Notify Internal Affairs Bureau, Command Center (212) 741-8401.

I.A.B. 5. Record information including:


COMMAND a. Internal Affairs Bureau log number
CENTER b. Date of arrest
c. Precinct of arrest
d. Prisoner’s name and address
e. Charge
f. Description of circumstances which led to arrest and any other
violation of law.
6. Advise desk officer/supervisory member to contact appropriate Bureau/
Borough Investigations Unit for technical assistance.

DESK OFFICER/ 7. Notify lieutenant platoon commander.


SUPERVISORY
MEMBER

NOTE The precinct commander/duty captain will be notified and perform the duties of the
lieutenant platoon commander if the platoon commander is unavailable.

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208-34 05/08/19 2 of 4

LIEUTENANT 8. Interview arresting officer.


PLATOON 9. Prepare seven copies of report of arrest on Typed Letterhead addressed
COMMANDER to Chief of Department.
a. Forward original copy of report direct to the Chief of Department
via Department mail.
b. FAX copy of the report of arrest to Internal Affairs Bureau,
Command Center at (212) 741-8408.
c. Retain remaining copies at precinct desk pending result of the
initial arraignment.

NOTE All copies of the report MUST include the Internal Affairs Bureau log number.

10. Notify precinct commander/duty captain, who will review actions taken
by the precinct platoon commander.

ARRESTING 11. Confer with immediate supervisor and/or Integrity Control Officer
OFFICER concerned, prior to pre-arraignment.

ARRESTING 12. Consult with Assistant District Attorney to insure that bribery or related
OFFICER AND offense is charged in complaint.
SUPERVISORY
MEMBER/I.C.O.

ARRESTING 13. Notify desk officer/supervisor when affidavit has been completed of:
OFFICER a. Name of Assistant District Attorney
b. Charge(s) entered on complaint.

I.C.O. OF 14. Ascertain the following information through the borough Court Section
MEMBER after prisoner has been arraigned:
CONCERNED a. Arraignment date
b. Judge
c. Court docket and NYSID numbers
d. Disposition including adjournment date
e. Grand Jury date, if any.
15. Enter additional information (steps 13 and 14 above) by endorsement on
remaining copies of report of arrest held at desk (see step 9).
16. Forward copies of report as follows:
a. First copy direct to the Chief of Department (Chief of Department
reviews and forwards to Personnel Bureau)
b. Second copy direct to Chief of Internal Affairs
c. Third copy to the Chief of Department, through channels
d. Fourth copy to commanding officer of arresting officer
e. Fifth copy - file.

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ARRESTING 17. Maintain a record of all court appearances regarding bribery or related
OFFICER offenses/arrests including:
a. Date of hearing
b. Court docket number
c. Name of Assistant District Attorney at each appearance
d. Disposition.
18. Report information to commanding officer after each court appearance.

NOTE Commanding officers of uniformed members of the service who effect bribery arrests
will be responsible for the follow-up and final disposition reports.

COURT 19. Render assistance to arresting officer and duty captain/supervisor, when
SECTION necessary.
CONCERNED

I.C.O. OF 20. Record information as received and file in folder marked “Arrests by
MEMBER Uniformed Members of the Service Regarding Bribery and Related Offenses.”
CONCERNED 21. Forward copy of report to member’s new commanding officer who
assumes responsibility for:
a. Maintaining file in folder
b. Adding new information received
c. Forwarding reports as required.

COMMANDING 22. Prepare a consolidated report on Typed Letterhead upon receipt of final
OFFICER OF disposition and include a complete history of case and court appearances for:
MEMBER a. Police Commissioner
CONCERNED b. Chief of Department
c. Chief of Internal Affairs.

WHEN AN ASSISTANT DISTRICT ATTORNEY REFUSES TO CHARGE


BRIBERY IN THE COMPLAINT:

ARRESTING 23. Notify the precinct commander/duty captain.


OFFICER

PRECINCT 24. Respond to command of arrest/designated arrest processing facility and


COMMANDER/ confer with Assistant District Attorney and arresting officer.
DUTY a. Confer with supervising Assistant District Attorney if not in
CAPTAIN agreement with Assistant District Attorney.

ARRESTING 25. Obtain signed copy of Decline Prosecution Report if bribery or related offense
OFFICER is only charge and Assistant District Attorney refuses to draw complaint.
a. Make complete entry of facts in ACTIVITY LOG (PD112-145).
b. Comply with instructions of Assistant District Attorney and court
personnel if a civilian complainant desires to appear before a judge.
c. Secure release of prisoner from detention pen when ordered by Assistant
District Attorney and Decline Prosecution Report is obtained.
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ARRESTING d. Immediately notify Court Section supervisor concerned and be guided by


OFFICER his/her instructions, if prisoner has already been removed to courthouse.
(continued)

COURT 26. If prisoner is being secured in courthouse detention areas:


SECTION a. Request FAX copy of Decline Prosecution Report from arresting
SUPERVISOR officer.
b. Verify its contents with assigned Assistant District Attorney upon its receipt.
c. Have prisoner released expeditiously.
d. Make appropriate Command Log and OLPA “Notepad” entries.

ARRESTING 27. Notify Internal Affairs Bureau, Command Center, of results.


OFFICER 28. Deliver Decline Prosecution Report to commanding officer.

COMMANDING 29. Review Decline Prosecution Report.


OFFICER OF a. Sign rear of Decline Prosecution Report signifying inspection
MEMBER b. Have Decline Prosecution Report filed with OLBS ARREST
CONCERNED WORKSHEET (PD244-159) in member’s command.
30. Prepare DECLINE PROSECUTION ARREST CASE REPORT
(PD244-1515), if necessary.

ADDITIONAL A commanding officer who believes a subordinate member of his/her command has
DATA participated in an act reflecting high integrity that deserves recognition will forward
three copies of a report describing all the facts, including results, to the Integrity Review
Board, through the Personnel Bureau.

RELATED Release Of Prisoners - General Procedures (P.G. 210-13)


PROCEDURES Attempted Bribery Of Uniformed Member Of The Service (P.G. 208-35)
Release Of Prisoners At The Complaint Room At The Direction Of Assistant District
Attorney (P.G. 210-16)
Boards And Committees (O.G. 101-23)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS ARREST REPORT - SUPPLEMENT (PD244-157)
DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515)
OLBS ARREST WORKSHEET (PD244-159)
Decline Prosecution Report
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-35

ATTEMPTED BRIBERY OF UNIFORMED MEMBER OF THE SERVICE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
04/14/16 04/14/16 1 of 1

PURPOSE To develop or secure corroborating evidence in attempted bribery cases.

PROCEDURE Upon being offered a bribe, particularly a future bribe and corroborating
evidence may be developed:

UNIFORMED 1. Notify desk officer/supervisor as soon as possible.


MEMBER OF a. If not possible, call the Internal Affairs Bureau, Command Center,
THE SERVICE ([212] 741-8401), twenty-four hours a day, seven days a week.

DESK 2. Inform Internal Affairs Bureau, Command Center, of offer and any
OFFICER/ related arrangements
SUPERVISOR
NOTIFIED

I.A.B. 3. Record notification.


COMMAND a. Assign log number.
CENTER

UNIFORMED 4. Record facts in ACTIVITY LOG (PD112-145).


MEMBER OF
THE SERVICE

DESK 5. Be guided by recommendations of the Internal Affairs Bureau, Command


OFFICER/ Center, regarding:
SUPERVISOR a. Action to be taken
b. Whether any technical and tactical assistance will be provided.
6. Notify bureau/borough Investigations Unit concerned and request
necessary assistance.

RELATED Bribery Arrest by Uniformed Members of the Service (P.G. 208-34)


PROCEDURES

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-36

FAMILY OFFENSES/DOMESTIC VIOLENCE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/13/19 06/13/19 1 of 16

PURPOSE To process family offenses and other offenses that occur between family/
household members as per the Family/Household - Expanded Definition.

DEFINITIONS COMPLAINANT/VICTIM - For purposes of this procedure ONLY, is limited to


a person described in subdivisions “a” through “h” below:

FAMILY/HOUSEHOLD (AS DEFINED IN FAMILY COURT ACT) - includes


persons who:
a. Are legally married to one another
b. Were formerly legally married to one another
c. Are related by marriage (affinity)
d. Are related by blood (consanguinity)
e. Have a child in common regardless of whether such persons have been
married or have lived together at any time
f. Are not related by consanguinity (blood) or affinity (marriage) and who
are, or have been, in an intimate relationship regardless of whether such
persons have lived together at any time

NOTE A common sense standard regarding the totality of the circumstances involving the
relationship should be used to determine if an “intimate relationship” exists. Factors a
member of the service may consider in determining whether a relationship is an
“intimate relationship” include but are not limited to: the nature or type of relationship
(the relationship between the involved parties does not have to be sexual in nature to be
considered “intimate”); the frequency of interaction between persons; and the duration
of the relationship. Neither a casual acquaintance nor ordinary fraternization between
two individuals solely in a business, educational, or social context shall be deemed to
constitute an “intimate relationship.” If unable to determine if the relationship in
question is an “intimate relationship,” the member of the service concerned will request
the response of the patrol supervisor.

Additional factors that may assist in determining the intimacy of a relationship include,
but are not limited to: amount of time spent together in either a work or leisure related
capacity, shared expenses and/or finances, extent of interaction with family members,
etc.

All members of the service are reminded that their primary responsibility is to ensure the
immediate and future safety of all parties involved in domestic violence incidents.

FAMILY/HOUSEHOLD (NYPD EXPANDED DEFINITION) - includes


subdivisions “a” through “f” above, AND persons who:
g. Are currently living together in a family-type relationship
h. Formerly lived together in a family-type relationship.

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DEFINITIONS A family/household thus includes: “common-law” marriages, same sex couples,


(continued) registered NYC domestic partners, different generations of the same family,
siblings, in-laws, persons involved in “intimate relationships,” and persons who
live or have lived together in a family-type relationship.

OFFENSE - Conduct for which a sentence to a term of imprisonment or to a fine


is provided (felony, misdemeanor, or violation).

FAMILY OFFENSE - Any act which may constitute the following and is
committed by one member of the same family/household, AS DEFINED IN THE
FAMILY COURT ACT (subdivisions “a” through “f” above), against another:
a. Harassment 1st or 2nd degree
b. Assault 2nd degree or Attempt
c. Disorderly Conduct (including acts amounting to Disorderly Conduct
NOT committed in a public place)
d. Aggravated Harassment 2nd degree
e. Assault 3rd degree or Attempt
f. Reckless Endangerment
g. Menacing 2nd or 3rd degree
h. Stalking (1st, 2nd, 3rd, and 4th degrees)

NOTE The law also adds the crimes of Stalking in the first through fourth degrees to the list of
criminal convictions which will subject an offender to automatic suspension or
revocation of a pistol license by the Criminal or Family Court.

i. Sexual Misconduct
j. Forcible Touching
k. Sexual Abuse 3rd degree
l. Sexual Abuse 2nd degree when committed against a victim incapable of
consent due to a factor other than being less than seventeen years old
m. Criminal Mischief (all degrees)
n. Strangulation 1st or 2nd degree
o. Criminal Obstruction of Breathing or Blood Circulation
p. Identity Theft (1st, 2nd, and 3rd degrees)
q. Grand Larceny (3rd and 4th degrees)
r. Coercion 2nd degree (subdivisions 1, 2, 3).

ORDER OF PROTECTION - An order issued by the New York City Criminal


Court, New York State Family Court, or the New York State Supreme Court,
requiring compliance with specific conditions of behavior, hours of visitation and
any other condition deemed appropriate by the court of issuance. An Order of
Protection may also be issued by the Supreme Court as part of a separation
decree, divorce judgment, annulment, or as part of a court order in a pending
separation, divorce, or annulment action.

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DEFINITIONS PROBABLE CAUSE - A combination of facts, viewed through the eyes of a


(continued) uniformed member of the service, which would lead a person of reasonable
caution to believe that an offense is being or has been committed. The “probable
cause” standard applied in family offense/domestic violence offenses IS NO
DIFFERENT from the standard applied in other offenses and may be met by
evidence other than the statement of the complainant/victim.

CONCURRENT JURISDICTION - Concurrent jurisdiction exists when different


courts have jurisdiction over the same subject matter within the same territory.
Both Criminal Court and Family Court have concurrent jurisdiction when:
a. A family offense (as defined above) has been committed; AND
b. A family/household relationship as defined in the Family Court Act “a”
through “f” above (and NOT including the NYPD Expanded Definition)
exists between the offender and the victim; AND
c. The offender is 17 years of age or older.
(1) If the offender is 16 years of age, concurrent jurisdiction only
exists if the offender is charged with a felony-level family offense.

NOTE All three of the above elements must exist for both Family Court and Criminal Court to
have jurisdiction at the same time. If either of the first two elements are not met, the
complainant MUST go to Criminal Court. If the first two elements are met, but the
offender is less than 17 years of age, the complainant must go to Family Court.

If the first two elements are met and offender is 16 years of age charged with a felony-
level family offense concurrent jurisdiction exists.

WHEN CONCURRENT JURISDICTION EXISTS:


Advise complainants/victim that:
a. There is concurrent jurisdiction with respect to family offenses in both
Family Court and the Criminal Courts;
b. A Family Court proceeding is a civil proceeding and is for the purpose of
attempting to stop the violence, end the family disruption and obtain
protection. Referrals for counseling or counseling services are available
through probation for this purpose;
c. A proceeding in the Criminal Courts is for the purpose of prosecution of
the offender and can result in a criminal conviction of the offender;
d. A proceeding or action subject to the provisions of Family Court Act,
Section 812, is initiated at the time of filing of an accusatory instrument
or Family Court petition, not at the time of arrest, or request for arrest, if
any;
e. An arrest may precede the commencement of a Family Court or a
Criminal Court proceeding, but an arrest is not a requirement for
commencing either proceeding; however, that the arrest of an alleged
offender shall be made under the circumstances described in subdivision
four of Section 140.10 of the Criminal Procedure Law.

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PROCEDURE When members of the service respond to, or are notified of, any incident
involving members of the same Family/Household (NYPD EXPANDED
DEFINITION):

UNIFORMED 1. Obtain medical assistance if requested or the need is apparent.


MEMBER OF 2. Ascertain all facts.
THE SERVICE a. Interview persons involved SEPARATELY.
b. Interview and record names of any witnesses present at time of
occurrence.
c. Collect evidence and record statements of persons present (e.g.,
admission by offender during dispute).
d. Take photographs using the Department issued smartphone via the
Finest Online Records Management System (FORMS), in all
cases where a victim has visible injuries and/or damaged property
as a result of domestic violence. Photographs will be uploaded via
FORMS as per P.G. 208-39, “Family Offenses/Domestic Violence
(Digital Photography of Visible Injuries/Damaged Property).”
Other domestic violence evidence (i.e., weapons, clothing, etc.)
must be vouchered in accordance with P.G. 218-01, “Invoicing
Property – General Procedure.”

NOTE If the complainant/victim appears to have difficulty understanding/communicating in


English, the member of the service concerned should comply with P.G. 212-90,
“Guidelines for Interaction with Limited English Proficient (LEP) Persons.” If the
complainant/victim appears to be hearing impaired, the member of the service
concerned should comply with P.G. 212-104, “Interaction with Hearing Impaired
Persons.” During domestic violence incidents, members of the service should avoid
using bystanders and family members to interpret in order to preserve privacy and
minimize the risk of faulty interpretation due to fear of arrest of a family member or
other personal biases. They may be temporarily used for interpretation to stabilize the
scene and gather preliminary information. However, responding officers must use a
certified member of the service or the Language Line Service to verify the details of the
domestic violence incident before finalizing the job. As possible victims or witnesses to
an incident, a child should be interviewed; however, whenever feasible, a child should
not be used as an interpreter for any kind of police incident, including domestic
violence. Some words and concepts are difficult for a child to understand and translate
into another language. Interviewees are not likely to be forthcoming if a child is used to
interpret and will be especially hesitant to reveal details of a sexual assault to a police
officer through a child.

3. Determine whether:
a. Probable cause exists that any offense has been committed
b. An Order of Protection has been obtained by complainant/victim
c. The offense constitutes a FAMILY OFFENSE
d. There are children present in the home who may be victims of
neglect, abuse, or maltreatment.

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UNIFORMED (1) If a member REASONABLY SUSPECTS a child less than


MEMBER OF eighteen is abused, neglected or maltreated and continued
THE SERVICE presence in the household presents an imminent risk to the
(continued) child’s physical or mental health, request the patrol
supervisor to respond, prepare REPORT OF SUSPECTED
CHILD ABUSE OR MALTREATMENT (PD377-154),
and notify the State Central Registry as outlined in P.G. 215-
03, “Emergency Removals or Investigation and Reporting of
Abused, Neglected, Or Maltreated Children.”

NOTE Willful failure to make such notification is a Class “A” Misdemeanor. Further, civil
liability may result for the damages caused by such failure.

(2) If probable cause exists that a crime has been committed against
a child, the perpetrator will be arrested, and no DESK
APPEARANCE TICKET (PD260-121) or stationhouse bail
will be issued.

WHEN OFFENDER HAS DEPARTED SCENE PRIOR TO ARRIVAL OF


POLICE:

UNIFORMED 4. Conduct search of immediate vicinity for offender when:


MEMBER OF a. Probable cause exists that a crime has been committed OR an
THE SERVICE Order of Protection has been violated, AND
b. Uniformed member of the service has reason to believe that such
search might yield positive results.
5. Advise complainant/victim to call police when offender returns, if initial
search produced negative results and follow “REPORTING PROCEDURE”
as set forth below.

WHEN COMPLAINANT/VICTIM INDICATES THAT AN ORDER OF


PROTECTION HAS BEEN OBTAINED:

UNIFORMED 6. Request complainant/victim to produce Order of Protection.


MEMBER OF a. If Order of Protection cannot be produced, use the “ZFinest”
THE SERVICE application or “Order of Protection” application, to do a search for
all Orders of Protection.
b. If the computer systems are down, request Communications
Section dispatcher to conduct the inquiry.
c. If unable to obtain Order of Protection via Department intranet or
Communication Section dispatchers, telephone Central Records
Division, Identification Section to verify that an Order of
Protection was issued, court of issuance, specific conduct
prohibited and the expiration date.

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IF OFFENDER IS PRESENT OR THE SEARCH FOR THE OFFENDER WAS


SUCCESSFUL AND THERE IS PROBABLE CAUSE THAT ANY FELONY HAS
BEEN COMMITTED OR AN ORDER OF PROTECTION HAS BEEN VIOLATED:

UNIFORMED 7. Arrest offender even if complainant/victim requests that offender not be


MEMBER OF arrested.
THE SERVICE a. When an Order of Protection is violated and the act that violates
the Order is an offense, offender must be charged with that
offense in addition to the appropriate charge for the violation of
the Order of Protection.
b. In all cases, whether the Order of Protection was issued by Family
Court, Supreme Court, or Criminal Court, and whether the
violation of the Order of Protection also constitutes an offense or
not (e.g., offender in proximity to complainant’s residence or
place of employment is not an offense in and of itself but does
violate an Order of Protection), the violation of the Order of
Protection shall be charged as the Penal Law crime of Criminal
Contempt, or Aggravated Criminal Contempt, as appropriate, and
the offender brought to Criminal Court.

NOTE Under the federal 1994 Violence Against Women Act, Orders of Protection issued by
courts of other jurisdictions (other states, U.S. territories, tribal jurisdictions), in cases
of domestic violence covered by this procedure, may be enforced in New York State. If
the particular out-of-state Order of Protection is available, and otherwise appears to be
valid on its face (i.e., not expired, signed by a judge or justice of a court), and there is
probable cause to believe that the Order of Protection has been violated, and that the
offender had notice of the Order and an opportunity to be heard, uniformed members of
the service will arrest the offender and charge him or her with either Criminal Contempt
in the second degree (Penal Law Section 215.50 [3], Criminal Contempt in the first
degree (Penal Law section 215.51 [b], [c], or [d]), or Aggravated Criminal Contempt
(Penal Law section 215.52), as appropriate.

In order to charge any of the criminal contempt charges above, for a violation of either an
in-state or out-of-state Order of Protection, there must be a showing that the offender had
“notice” of the issuance of the Order of Protection, either because he or she was present
in court when the Order was issued or because he or she was duly served with the Order.

In order to establish probable cause that the offender had notice, uniformed members of
the service should ask the offender if he or she knew of the Order and if necessary ask
the complainant/victim to verify that the offender had knowledge of the Order.
Additionally, if such is deemed necessary, uniformed members of the service may call
the court that issued the order during normal business hours to seek further information.

In the case of out-of-state Orders of Protection, there is an additional requirement that


the offender has had or will shortly have an opportunity to be heard. This essentially
means that the offender was notified of a date to appear in the particular court in order
to respond to the issuance of the Order. In order to take enforcement action, probable
cause as to any of the following must exist:

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NOTE a. The offender appeared in court in response to issuance of the Order of


(continued) Protection,
b. The offender was served with notice to appear, in response to the issuance of the
Order of Protection and failed to appear, or
c. The offender was served with an Order of Protection with a notice to appear
before the court within thirty days of the issuance of the Order of Protection.

The inquiries set forth in the preceding paragraph may be used to establish the existence
of this element of probable cause.

In cases in which the Order of Protection is not produced by the complainant/victim, in


addition to the procedure set forth in step “6,” above, uniformed members of the service
shall inquire whether a record of the Order exists on the statewide registry of Orders of
Protection or the protection order file maintained by the National Crime Information
Center (NCIC). However, the presence of the Order on any file shall not be required for
enforcement of the Order, provided that the uniformed member of the service has
probable cause to believe that the Order is in existence through credible information
supplied by the complainant/victim or other reliable source.

When an offender is arrested for violating any Order of Protection, his or her arrest
will, in ALL cases, be processed in New York City Criminal Court, regardless of the
court that issued the Order. The offender will be charged with the appropriate criminal
contempt charge. The offender will also be charged with any pertinent criminal offense
for which probable cause exists. When an arrest is made for violation of a Family Court
Order of Protection, the complainant/victim will be advised that he or she has a right to
proceed independently in Family Court by filing a petition. However, uniformed
members of the service are required to bring the offender before the local criminal
court.

WHEN THERE IS PROBABLE CAUSE THAT ANY MISDEMEANOR HAS


BEEN COMMITTED, IN OR OUT OF THE UNIFORMED MEMBER’S
PRESENCE, OR A VIOLATION HAS BEEN COMMITTED IN THE
UNIFORMED MEMBER’S PRESENCE:

UNIFORMED 8. Arrest offender.


MEMBER OF a. Under the Criminal Procedure Law, a uniformed member of the
THE SERVICE service must arrest the offender, unless the victim specifically
states, on his or her own initiative, that he or she does not want the
offender arrested. The uniformed member of the service shall not
ask the victim if he or she wants to have the offender arrested. The
uniformed member of the service retains the discretion to make an
arrest in a misdemeanor case, despite the victim’s decision not to
seek an arrest.

NOTE The primary considerations when the complainant/victim does not want an arrest are the
prevention of further violence and the safety of ALL household members. Factors to be
taken into consideration include, BUT ARE NOT LIMITED TO:
a. The past history of the offender and victim (prior arrests, incidents, injuries sustained
etc.). If possible, conduct an inquiry through Department databases.
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NOTE b. The uniformed member of the service’s observations of the scene and victim.
(continued) c. Statements of witnesses.
d. Statements made by the offender (especially threats of suicide, homicide or other
future violence).
e. Threatened use of weapons, or the presence of or access to weapons by the offender.
f. Mental and physical state of the offender (drug or alcohol intoxication, etc.).
g. Presence of other household members who may be at risk, including the elderly.

If an officer has any doubts about the continued safety of any household member, AN
ARREST SHOULD BE EFFECTED.

UNIFORMED 9. Make an ACTIVITY LOG (PD112-145) entry if complainant/victim does


MEMBER OF not want an arrest for a misdemeanor or any violation committed in the
THE SERVICE uniformed member of the service’s presence by family/household member.
(continued) a. Request complainant/victim to sign log entry.
b. Enter “Refused Signature” if complainant/victim will NOT sign entry.

IN CROSS COMPLAINT SITUATIONS, WHERE THERE IS PROBABLE


CAUSE TO BELIEVE THAT MORE THAN ONE FAMILY OR HOUSEHOLD
MEMBER HAS COMMITTED A FAMILY OFFENSE MISDEMEANOR, IN OR
OUT OF THE UNIFORMED MEMBER OF THE SERVICE’S PRESENCE IN A
SINGLE DOMESTIC INCIDENT:

UNIFORMED 10. Attempt to identify the primary physical aggressor after considering the
MEMBER OF following criteria:
THE SERVICE a. The comparative extent of any injuries inflicted by and between
the parties,
b. Whether any of the parties are threatening or have threatened
future harm against another party, family, or household member,
c. Whether any of the parties has a prior history of domestic violence
that the uniformed member of the service can reasonably
ascertain,
d. Whether any such person acted defensively to protect himself or
herself from injury.

NOTE Where one party has committed a family offense misdemeanor against a family/household
member in response to or in retribution for a crime committed against him or her in the
past, the responding uniformed members of the service shall not determine who is the
“Primary Physical Aggressor” and proceed as required by step “8,” above.

11. Confer with the patrol supervisor.


12. Arrest the offender identified as the primary physical aggressor.
a. If complainant/victim requests that offender not be arrested, the
uniformed member of the service may still effect the arrest.

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NOTE Where there is reasonable cause to believe that both parties to a particular domestic
violence dispute have committed family offense misdemeanors and the responding
uniformed members of the service are unable to determine who, if anyone, was the
primary physical aggressor, it would be lawful to arrest both parties. Further, even
where the responding uniformed members of the service are able to determine who was
the primary physical aggressor, both parties may, if appropriate, be arrested. The
primary consideration when deciding whether to arrest other persons, in addition to the
primary aggressor, is the prevention of further violence and the safety to ALL household
members. Evaluate each complaint separately. Do not base a decision to arrest or not to
arrest on the willingness of a person to testify or otherwise participate in a judicial
proceeding. If a complainant/offender/victim requests that the offender not be arrested,
the uniformed member of the service may still effect an arrest. The primary
considerations when the complainant/offender/victim does not want an arrest to be made
are the prevention of future violence and the safety of ALL household members. (See
“NOTE” following step “8”).

UNIFORMED 13. Make an ACTIVITY LOG entry of:


MEMBER OF a. Factors that resulted in determination or inability to determine that
THE SERVICE a particular offender was the primary physical aggressor
(continued) b. Fact that the complainant/victim does not want an arrest to be made
(1) Request complainant/victim to sign ACTIVITY LOG
entry
(2) Enter “Refused Signature” if complainant/victim will not
sign entry.

WHEN THERE IS PROBABLE CAUSE THAT ANY VIOLATION HAS BEEN


COMMITTED, NOT IN THE UNIFORMED MEMBER OF THE SERVICE’S
PRESENCE:

UNIFORMED 14. Refer complainant/victim as follows:


MEMBER OF a. Family/Household members, as defined in Family Court Act,
THE SERVICE AND family offense violation, to:
(1) Family Court
(2) Summons Part - Criminal Court (if concurrent jurisdiction
exists, complainant may go to either court or both)
b. Family/Household – Expanded Definition subdivisions “g” and
“h” above and/or non-family offense violations – to Summons
Part – Criminal Court.

NOTE A uniformed member of the service cannot effect an arrest for VIOLATIONS NOT
COMMITTED IN HIS/HER PRESENCE, UNLESS such violation is specifically
prohibited in a current Order of Protection issued to the complainant/victim. The proper
charge is Criminal Contempt in the Second Degree, Penal Law Section 215.50(3), or
Criminal Contempt in the First Degree, Penal Law Section 215.51(b [v]) or (c) (see step
“7,” subdivision “b,” above).

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WHEN CONCURRENT JURISDICTION EXISTS:

UNIFORMED 15. Advise complainant/victim of the courts available to them and the purpose of
MEMBER OF each court as outlined in the “Definitions - Concurrent Jurisdiction” section.
THE SERVICE
IN ALL CASES:

UNIFORMED 16. Advise complainant/victim of availability of shelter and other services by


MEMBER OF providing the 24 hour Domestic Violence Hotline number, (800) 621-
THE SERVICE HOPE(4673), as per the New York State Family Court Act.
17. Prepare New York State Domestic Incident Report (DCJS-3221) in
ALL instances in which response to OR becoming apprised of an incident
(e.g., altercation, disturbance, conflict, or dispute) that involves members
of the same Family/Household-Expanded Definition, or is an allegation
of child abuse.
a. If prepared in response to a radio run, include ICAD Incident
number on form.
b. List in the “Incident Narrative” section all factors that resulted in
determination or inability to determine that a particular offender
was the primary physical aggressor, when applicable.
c. Ask the following investigatory questions and record responses in
the “Incident Narrative” section of the New York State Domestic
Incident Report, and the “Details” section of the COMPLAINT
REPORT (PD313-152), if applicable.
(1) Where is the offender employed (include normal work
hours, if known)?
(2) Does the offender drive a vehicle and if so, what type
(include state and license plate number, if known)?
(3) What location, other than home, is the offender most likely
to be found at (obtain as much detail as possible)?
(4) Does the offender have an email address and/or social
media profile (include all account names, as applicable)?
d. List any arrest or investigatory evidence invoiced, including
photographs uploaded via FORMS, in appropriate caption of the
New York State Domestic Incident Report.
e. Ensure that the name and phone number of the precinct/PSA
domestic violence prevention officer is printed in the “Prior History”
section on page “2” of the New York State Domestic Incident
Report.
f. Insert tax registry number of reporting member of the service in
caption entitled, “Reporting Officer.”
g. Give complainant/victim copy of both pages of the New York
State Domestic Incident Report (pink copies) and the “Victim
Rights Notice” (pink copy) to complainant/victim, if present.
h. Inform all parties that they may be contacted by the precinct/PSA
domestic violence prevention officer concerning this incident.
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UNIFORMED i. Uniformed members of the service MUST ask persons present if


MEMBER OF there is access to guns (i.e., handgun, rifle, shotgun, etc.) in the
THE SERVICE residence, another location (i.e., business, car, other residence, etc.),
(continued) and/or, if the offender is known to possess or carry a firearm.

NOTE In cross complaint situations, a New York State Domestic Incident Report shall be
prepared for each complainant/victim. Every attempt should be made to have the
complainant complete the “Statement of Allegations/Supporting Deposition” caption,
regardless of what language he/she speaks or writes. DO NOT enter in “Statement of
Allegations/Supporting Deposition” caption “Refused” or “Same as page 1” if the
victim is unable to speak or write in English, unless the victim refuses. Always allow the
victim to write in his/her primary speaking language if unable to write in English. If the
need for an interpreter/translator arises, members of the service will comply with P.G.
212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons” or
P.G. 212-104, “Interaction with Hearing Impaired Persons,” as appropriate. The
member of the service preparing the New York State Domestic Incident Report should
note the victim’s primary language in the appropriate box in the “Victim (P1)” section
of the New York State Domestic Incident Report. In addition, the member of the service
should note the identity of any interpreter used in the “Interpreter Service Provider
Name” section of the New York State Domestic Incident Report.

When preparing a New York State Domestic Incident Report and the victim completes
the “Statement of Allegations/Supporting Deposition” (page 2) in a foreign language,
the content of the New York State Domestic Incident Report must be transcribed and
translated as accurately as possible to ensure the appropriate police services are
provided. Desk officers must review all New York State Domestic Incident Reports to
determine if the “Statement of Allegations/Supporting Deposition” (page 2) has been
written in a language other than English. If the New York State Domestic Incident
Report is written in a language other than English, the desk officer must comply with
P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.

It is incumbent upon all members of the service to ensure that the statements of domestic
violence victims, whether at the scene of an incident or in writing on a New York State
Domestic Incident Report, are translated as soon as possible to determine if further
police action is necessary.

18. Use radio code dispositions to finalize assignment:


a. 10-90F(1) New York State Domestic Incident Report
Prepared/No Offense Alleged;
Only to be used in those instances where the uniformed member
of the service responded to a dispute which did not rise to the
level of an offense; OR
b. 10-90F(2) New York State Domestic Incident Report Prepared/
Unfounded
c. 10-92F Arrest Effected/New York State Domestic Incident
Report Prepared
d. 10-93F COMPLAINT REPORT/New York State Domestic
Incident Report Prepared.

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UNIFORMED e. 10-90J1 New York State Domestic Incident Report Prepared –


MEMBER OF No offense of child abuse is alleged
THE SERVICE f. 10-90J2 New York State Domestic Incident Report Prepared –
(continued) Offense of reported child abuse is unfounded
g. 10-92J Child Abuse Arrest Effected
h. 10-93J COMPLAINT REPORT/New York State Domestic
Incident Report is prepared for Child Abuse.

NOTE These dispositions MUST be used to finalize any incident involving a Family/Household-
Expanded Definition or allegations of child abuse. The Communications Section will
NOT accept any other disposition code. If the assignment was initially categorized as
other than a family dispute or offense, notify Communications Section dispatcher and
use above codes to finalize the assignment.

A hard copy of the New York State Domestic Incident Report must be prepared for all
founded domestic incidents and is to be entered into FORMS.

A hard copy of the New York State Domestic Incident Report WILL NOT be prepared
for unfounded domestic incidents, and the required information will be directly entered
into FORMS.

REPORTING PROCEDURE:

MEMBER OF 19. Prepare COMPLAINT REPORT for each complainant/victim in


THE SERVICE addition to the New York State Domestic Incident Report when
complainant/victim alleges an OFFENSE has been committed between
members of the same Family/Household-Expanded Definition, including
the violation of an Order of Protection. Include in the “Details” section:
a. Whether an Order of Protection is in effect
b. Issuing court, and
c. If offender not present, the possible location(s) of offender
d. In cross-complaint situations, where an attempt to determine which
offender was the “primary physical aggressor” is required, include a
statement that the offender was the “primary physical aggressor.”
The COMPLAINT REPORT pertaining to the offender determined
not to be the “primary physical aggressor” shall be CLOSED to
“Patrol” and the “Details” section shall include a statement that the
offender was determined not to be the “primary physical aggressor.”
NOTE In cross-complaint situations requiring the preparation of two or more COMPLAINT
REPORTS and where the responding uniformed members of the service are unable to
determine which offender was the primary physical aggressor, the factors that resulted
in the inability to make that determination must be included in the “Details” section of
each COMPLAINT REPORT.

20. Enter in caption entitled “Unit Referred to”:


a. Precinct Detective Squad - when COMPLAINT REPORT is
prepared for:
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MEMBER OF (1) Felony(s)


THE SERVICE (2) Violation(s) of an Order of Protection
(continued) (3) Misdemeanor(s).

NOTE The COMPLAINT REPORT MUST be classified as “open” in the above three
circumstances, if an arrest is not made by patrol. However, in misdemeanor cases, close
COMPLAINT REPORT only if complainant/victim does not want offender arrested and
officer does not believe an arrest is warranted after considering criteria above.

b. Court(s) victim was referred to in closed complaints.


21. Advise the victim of the following when concurrent jurisdiction applies,
as per the Family Court Act:
a. Difference between proceedings in each court
b. Importance in selection of the appropriate court to process charge(s)
and option to change from one court to the other, or proceed in both.
22. Make entry in ACTIVITY LOG regarding such advisement.

DESK OFFICER 23. DO NOT issue a DESK APPEARANCE TICKET or stationhouse bail
when any offense is committed and an arrest is effected involving
members of the same Family/Household-Expanded Definition.
24. Verify completeness and accuracy of all required forms.
25. Have prisoner removed to borough Court Section facility to complete
arrest process.
26. Ensure that digital photographs depicting domestic violence related
evidence are taken for required cases on a Department smartphone via
FORMS, and uploaded accordingly.

DOMESTIC 27. Perform duties and process all New York State Domestic Incident
VIOLENCE Reports as per P.G. 202-29, “Domestic Violence Prevention Officer.”
PREVENTION
OFFICER

WHEN COMPLAINT REPORT IS CLASSIFIED AS OPEN AND REFERRED


TO PRECINCT DETECTIVE SQUAD:

DESK OFFICER 28. Forward all open complaints of domestic violence to the detective squad,
together with completed and signed photocopy of New York State
Domestic Incident Report.
29. Ensure original New York State Domestic Incident Report is promptly
entered into FORMS.

ASSIGNED 30. Immediately attempt to interview the complainant and obtain the facts of
DETECTIVE the case, confirm the name of the perpetrator and obtain all other
necessary information (e.g., all involved addresses, nickname, date of
birth, cellular and landline telephone numbers, e-mail addresses,
information regarding relatives and associates, etc.).

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ASSIGNED 31. Conduct necessary computer checks regarding all involved persons and
DETECTIVE locations.
(continued) 32. Activate an INVESTIGATION CARD (PD373-163) for a named
perpetrator no later than the end of assigned tour regardless of whether
the complainant was interviewed or whether a New York State Domestic
Incident Report was forwarded to the detective squad.
a. Information regarding activated INVESTIGATION CARDS will
be communicated/forwarded to the precinct/police service area
(PSA) domestic violence unit daily.
(1) The date, time and name of the person notified will be
documented in the Enterprise Case Management System
(ECMS).
(2) Ensure INVESTIGATION CARD includes NYSID
number, if available.
b. When an INVESTIGATION CARD is cancelled, the involved
domestic violence unit will be notified.
(1) The date, time and name of the person notified will be
documented in the ECMS.
33. Confer with precinct/PSA domestic violence unit sergeant if named
perpetrator cannot be immediately apprehended.
a. Domestic violence prevention officer(s) will assist in the
apprehension efforts within the confines of the precinct/PSA, if
assigned.

NOTE The INVESTIGATION CARD will also be forwarded to the domestic violence unit of
the precinct/PSA of offender’s residence.

DETECTIVE 34. Confer bi-weekly with the precinct/PSA commanding officer and
SQUAD domestic violence sergeant regarding active and canceled domestic
COMMANDER violence INVESTIGATION CARDS.

DOMESTIC 35. Open and manage a case in the Domestic Violence Information
VIOLENCE Management System (DVIMS).
PREVENTION 36. Document all interactions with detective squad and Special Victims
OFFICER Squad members assigned to the case.
37. Confer with the assigned detective prior to making a home visit involving
a named perpetrator.
38. Effect arrest if named perpetrator is present during home visit.
a. If the arrest involves a serious felony or a complex investigation,
the assigned detective will assist the arresting domestic violence
prevention officer concerned.
39. Notify the involved precinct detective squad to cancel the
INVESTIGATION CARD when named perpetrator is arrested.
40. Inform assigned detective of all attempts to locate named perpetrators.

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ASSIGNED 41. Document all attempts made by the domestic violence prevention officer
DETECTIVE to locate named perpetrator in the ECMS.

DETECTIVE 42. Review all domestic violence INVESTIGATION CARDS and


ZONE periodically confer with the precinct/PSA commanding officers to ensure
COMMANDING that the proper notifications have been made.
OFFICER

ADDITIONAL The immediate apprehension of domestic violence offenders is of paramount importance.


DATA Joint efforts involving the precinct detective squad and the precinct/PSA domestic
violence unit is the most effective way to expeditiously apprehend named perpetrators.
Therefore, it is incumbent upon Detective Zone commanding officers and precinct
detective squad commanders to coordinate frequent joint operations/sweeps with the
precinct/PSA commanding officer, special operations lieutenant and domestic violence
unit sergeant to apprehend multiple named perpetrators.

A uniformed member of the service will, when requested by a petitioner, assist in the service of an
Order of Protection, summons, or petition (Orders of Protection issued by the Family Court and
delivered directly to the Department will be served according to P.G. 212-57, “Service Of
Family Court/Supreme Court Orders Of Protection By Uniformed Members Of The Service”).

To avoid unnecessary court appearances by uniformed members of the service who are
requested by a petitioner to serve a respondent with an Order of Protection, summons, or
petition, uniformed members of the service will prepare STATEMENT OF PERSONAL
SERVICE (PD260-152). The uniformed member concerned will sign the STATEMENT
OF PERSONAL SERVICE after completing all captions on the form. It is no longer
sworn to before a supervisory officer. The original copy (white) will be given to the
petitioner and the duplicate copy (blue) will be filed in the precinct of service.

New York State Domestic Incident Reports, are potential Rosario material, and must be
maintained at the precinct of occurrence. If an arrest is effected, the arresting officer
must ensure that the Assistant District Attorney is provided with a copy of the New York
State Domestic Incident Report prepared in regard to the incident. When requested, the
domestic violence prevention officer will make all New York State Domestic Incident
Reports prepared regarding the person arrested available to an Assistant District
Attorney.
In violation cases referred to the Criminal Court - Summons Part, the
complainant/victim must have the offender’s address available for service of the
summons. Misdemeanor cases should NOT be referred to the Criminal Court - Summons
Part. The preferred course of action is to advise the complainant/victim to contact the
police on the next contact with the offender and request an arrest, presenting the New
York State Domestic Incident Report as proof of the previous complaint.
Uniformed members of the service responding to a report of a domestic violence
incident will question persons present about the existence of firearms in the household.
Seize ANY firearms (including rifles and shotguns), and licenses/permits, if:
(1) License holder is arrested, regardless of the charge; or
(2) An Order of Protection exists against the licensee; or
(3) When the incident involves physical force or the threat of physical force.

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ADDITIONAL When a uniformed member of the service reasonably believes that the presence of
DATA firearms at a location creates imminent risk of physical injury or serious physical injury,
(continued) the following actions should be taken to remove the weapon from the location:
(1) Seize illegally possessed firearm(s) and make an arrest
(2) Seize legally possessed firearm(s) when such weapons create imminent risk of
physical injury or serious physical injury
(3) Voucher legally possessed firearms which are voluntarily surrendered by
participants in domestic incidents.

In all incidents involving pistol or permit holders, notify the License Division, Incident
Section and comply with P.G. 212-118, “Incidents Involving Holders of Handgun Licenses
or Rifle/Shotgun Permits.” License/permit holders must immediately notify the License
Division, Incident Section, of any police incident in which they are involved.

RELATED Domestic Violence Prevention Officer (P.G. 202-29)


PROCEDURES Computerized Investigation Card System (P.G. 208-23)
Desk Appearance Ticket - General Procedure (P.G. 208-27)
Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of
the Service (P.G. 208-37)
Processing of New York State Domestic Incident Reports (P.G. 208-70)
City Policy Concerning Identifying Information and Access to City Services (P.G. 212-66)
Service of Family Court/Supreme Court Orders of Protection by Uniformed Members of
the Service (P.G. 212-57)
Requests for U Visa Certifications and/or T Visa Declarations (P.G. 212-111)
Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118)
Unlawful Evictions (P.G. 214-12)
Emergency Removals or Investigation and Reporting of Abused, Neglected, or
Maltreated Children (P.G. 215-03)
Invoicing Property – General Procedure (P.G. 218-01)
Review of Requests for U Visa Declarations (A.G. 308-07)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT (PD313-152)
DESK APPEARANCE TICKET (PD260-121)
STATEMENT OF PERSONAL SERVICE (PD260-152)
INVESTIGATION CARD (PD373-163)
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154)
New York State Domestic Incident Report (DCJS-3221)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-37

FAMILY OFFENSES AND DOMESTIC VIOLENCE INVOLVING


UNIFORMED OR CIVILIAN MEMBERS OF THE SERVICE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/08/19 05/08/19 1 of 5

PURPOSE To process domestic incidents involving uniformed or civilian members of the service.

PROCEDURE When directed to respond on a radio run or assignment that is later deemed to be a family
offense or domestic incident (as per the Department’s expanded definition of
Family/Household) involving uniformed or civilian members of the service:

NOTE Effective January 1, 1996, the Criminal Procedure Law mandates that an arrest be made
when an officer establishes probable cause that any family offense misdemeanor has been
committed, unless the victim, on his/her own volition, requests that an arrest not be made.
The law prohibits a uniformed member of the service from inquiring whether the victim
seeks an arrest of such person. In addition, uniformed members of the service are reminded
that P.G. 208-36, “Family Offenses/Domestic Violence,” sets out a mandatory arrest policy
if a uniformed member of the service establishes probable cause that any felony has been
committed or an order of protection has been violated.

RESPONDING 1. Obtain medical assistance if requested or the need is apparent.


MEMBER OF 2. Ascertain the facts.
THE SERVICE 3. Ensure that the patrol supervisor is responding.

NOTE Communications Section will automatically direct the patrol supervisor to respond to
the scene of all family-related incidents involving members of the service.

A member of the service performing stationhouse duties who is apprised of a domestic


incident involving a member of the service will notify the desk officer. The desk officer
will ensure that the procedures outlined in this order are followed.

PATROL 4. Comply with the provisions of P.G. 208-36, “Family Offenses/Domestic


SUPERVISOR Violence.”
a. Direct the preparation of a New York State Domestic Incident
Report (DCJS-3221) in all cases.
b. Give complainant/victim copy of both pages of the New York
State Domestic Incident Report (pink copies) and the “Victim
Rights Notice” (pink copy) to the complainant/victim, if present.

IN ALL CASES INCLUDING WHEN NO OFFENSE HAS BEEN ALLEGED:

PATROL 5. Comply with P.G. 208-36, “Family Offenses/ Domestic Violence.”


SUPERVISOR 6. Apprise the parties of the availability of counseling (see Additional Data
statement).

NOTE When there is doubt as to who is the offender and who is the victim, or if there is a
cross-complaint situation, the commanding officer/duty captain will be notified and will
determine the course of action.

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WHEN THE MEMBER OF THE SERVICE IS A VICTIM:

PATROL 7. Notify precinct commanding officer/duty captain who will ensure that
SUPERVISOR appropriate action is taken and apprise parties of the availability of counseling.

IF THE MEMBER OF THE SERVICE IS ALLEGED TO HAVE


COMMITTED AN OFFENSE, IN ADDITION TO STEPS 5 AND 6, COMPLY
WITH THE FOLLOWING STEPS:

PATROL 8. Direct that a COMPLAINT REPORT WORKSHEET (PD313-152A)


SUPERVISOR be prepared.

NOTE If a member of the service is arrested, comply with P.G. 206-11, “Member Of The
Service Arrested - Uniformed Or Civilian.”

9. Notify desk officer, precinct of occurrence.

DESK OFFICER 10. Notify and confer with precinct commander/duty captain.
11. Notify Internal Affairs Bureau Command Center and obtain log number.
a. Enter the IAB log number in the “Results of Investigation and
Basis of Action Taken” section of the New York State Domestic
Incident Report.
b. Enter IAB log number in the “Details” section of the COMPLAINT
REPORT.
(1) IAB will determine the appropriate investigating command.
c. Direct that New York State Domestic Incident Report be
entered into Finest Online Records Management System
(FORMS), including the IAB log number.
12. Prepare report on Typed Letterhead in all cases even if offender was not present.
Provide details of incident and include domestic referrals/counseling offered to the
victim. Forward with copy of COMPLAINT REPORT and New York State
Domestic Incident Report in a sealed envelope, as follows:
a. Deputy Commissioner, Internal Affairs (original New York State
Domestic Incident Report)
b. Commanding officer, member of the service involved. (If more
than one member of the service is involved, send a copy of report
to commanding officer of each.)
c. Commanding officer, precinct of occurrence.
(1) Maintain in confidential file.
d. Commanding officer, borough investigations unit concerned.
e. Commanding officer, borough investigations unit covering
member’s command, if different from “d.”
f. Commanding officers of:
(1) Medical Division
(2) Employee Resources Section (immediately, by fax)
(3) Personnel Orders Division, if firearms are removed.
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NOTE In situations where the complainant/victim is present at the stationhouse, the desk officer
will ensure that only persons who are investigating the incident have access to the
complainant/victim.

No other copies or files relating to the investigation will be maintained in the precinct of
occurrence other than in the commanding officer’s confidential file.

Victims of domestic violence may be referred to the following in an effort to provide


appropriate victim services:

NYC Victims Services (800) 621-HOPE (4673)


NYS Coalition Against Domestic Violence (800) 942-9606

COMMANDING 13. Commence an immediate investigation and take appropriate action as indicated
OFFICER/ by P.G. 208-36, “Family Offenses/Domestic Violence.”
DUTY CAPTAIN a. Make a background inquiry through the Internal Affairs Bureau
Command Center during the initial stages of an official investigation
involving a member of the service and PRIOR to suspending,
modifying or placing the member concerned on restricted duty
pending evaluation of duty status. This conferral is to obtain
background information that may assist in the investigation. All
decisions regarding the investigation, as well as any resulting
determination regarding the member’s duty status, remain the
responsibility of the commanding officer/duty captain concerned.
b. If the offender is not present and further investigation is required, confer
with the Internal Affairs Bureau and request assistance if needed.
NOTE Whenever notification of an incident involving a member of the service (uniformed or civilian)
residing outside the City of New York is received, the appropriate duty captain will be responsible
for conducting an investigation. All decisions concerning the initial investigation of the allegation
remain the responsibility of the duty captain. Follow-up notifications concerning actions taken or
anticipated will be made to update the Internal Affairs Bureau Command Center.

COMMANDING 14. Review and maintain a confidential file of all reports regarding members
OFFICER/M.O.S. of the service involved in domestic incidents.
INVOLVED a. Confer with Internal Affairs Bureau or investigations unit
concerned, regarding status of ongoing investigations.

I.A.B. MEMBER 15. Determine immediately, if circumstances necessitate an investigation be


CONCERNED conducted by Internal Affairs Bureau.
a. In all other cases, refer the investigation to the investigations unit
covering the borough of occurrence.

INVESTIGA- 16. Designate a supervisory member of the unit to be a “Domestic Violence


TIONS UNIT, Investigator.”
COMMANDING 17. Ensure that the investigations unit is equipped with a Domestic Incident
OFFICER Report database.

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INVESTIGATION 18. Ensure that the New York State Domestic Incident Report has been
UNIT ASSIGNED entered into the Domestic Violence Database System. Conduct the
Domestic Violence Database System Review process and finalize the
New York State Domestic Incident Report in the database.
19. Check the database for a record of prior domestic incidents.

NOTE In addition, confer with the integrity control officer of the subject’s and victim’s resident
precincts to ascertain if other New York State Domestic Incident Report have been
prepared, (e.g., no allegation was alleged, etc.). Also, check with the investigations unit
covering the command of the subject member of the service.

20. Confer with Internal Affairs Bureau to ascertain whether there exists any record of
prior domestic violence incidents involving the subject member of the service.
21. Confer with the Domestic Violence Prevention Officer of the victim’s
resident precinct/local police agency to ascertain if there are domestic
violence services available and make appropriate referrals to the victim.
Document referrals made in case folder.

ADDITIONAL An off-duty uniformed member of the service present at an unusual police occurrence
DATA (including family disputes and other incidents of domestic violence) in which the officer
is either a participant or a witness is required to remain at the scene when feasible and
consistent with personal safety and request the response of the patrol supervisor. In
situations where remaining at the scene is not feasible, uniformed members are to notify
the desk officer, precinct of occurrence. When the incident occurs outside the City of
New York, the uniformed member of the service is to notify the Operations Unit.

Counseling and other services are available for both members of the service and their
families. Uniformed and civilian members or their families may contact any of the units listed
below to obtain necessary services and referrals for counseling, shelter and other assistance:
Family Assistance Section
Employee Assistance Unit
Counseling Services Unit
Chaplains’ Unit
Psychological Evaluation Section
Sick Desk
Sick Desk Supervisor
NYPD HELPLINE
Operations Unit
After hours, or in an emergency, contact the HELPLINE, Sick Desk or Operations Unit.
In addition, the following non-Departmental programs and Domestic Violence
Prevention Hotlines can provide referrals:
New York City (Victims Services) 800-621-HOPE(4673)
NYS Coalition Against Domestic Violence 800-942-6906
National Coalition Against Domestic Violence (202)-638-6388
PBA Membership Assistance Program 888-267-7267
Police Self Support Group (718) 745-3345

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RELATED Employment Discrimination (P.G. 205-36)


PROCEDURES Member Of The Service Arrested -Uniformed Or Civilian (P.G. 206-11)
Family Offenses/Domestic Violence (P.G. 208-36)
Threats Against Members Of The Service (P.G. 221-19)

FORMS AND COMPLAINT REPORT WORKSHEET (PD313-152A)


REPORTS New York State Domestic Incident Report (DCJS-3221)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-38

NEW YORK STATE ORDER OF PROTECTION REGISTRY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 2

PURPOSE To establish guidelines to be followed whenever a complainant claims to be the


petitioner (possessor) of an active order of protection but is either unable to
produce a copy of the order or produces one that is illegible, for the responding
officer's review.

PROCEDURE When a member of the service is informed by a complainant that he/she


possesses an active order of protection, which has been violated, but is unable to
produce a copy of that order.

UNIFORMED 1. Ascertain from the complainant all available information concerning the
MEMBER OF order (e.g., court of issuance, date of issuance, the names, addresses and
THE SERVICE dates of birth of all parties concerned, etc.).

NOTE The above list of information to be obtained, if possible, from the complainant serves to
aid the member accessing the system in verifying that the correct order has been
located. Failure to obtain certain information from this list will not prevent the locating
of a database file; an order can be located merely by entering the petitioner's
(complainant's) name and date of birth. However, every attempt should be made to
ascertain as much information as possible concerning the order and the parties to whom
it pertains.

2. Telephone Central Records Division, Identification Section to verify that


an Order of Protection was issued, court of issuance, specific conduct
prohibited and the expiration date.
3. If the Identification Section reports that there are no Orders of Protection
on file pertaining to the complainant/victim, telephone the precinct of
occurrence and request a member of the service authorized to operate the
FINEST System to conduct an Order of Protection database inquiry.
a. In the event the precinct of occurrence is unable to conduct the
inquiry, request the Communications Section dispatcher to
conduct the inquiry.

NOTE The following information is obtainable through the database:


a. Data relating to the person requesting the Order of Protection (name, address,
date of birth, etc).
b. Data relating to the person against whom the order runs (name, address, date of
birth, etc).
c. The terms and conditions of the order.
d. Date and court of issuance, and date of expiration.
e. Whether the respondent has been served with a copy of the order.
f. Additional comments regarding the parties involved and unique terms of the
order.
It should be noted that the state database will not contain Orders of Protection that have
been issued prior to October 1, 1995.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-38 02/04/15 2 of 2

NOTE The Central Records Division intranet database application will be utilized to access
(continued) information for all Orders of Protection issued by New York City based courts, as
outlined in Patrol Guide 208-36, “Family Offenses/Domestic Violence.”

WHEN THE COMPLAINANT INDICATES THAT THE ORDER WAS


ISSUED PRIOR TO OCTOBER 1, 1995, OR A STATE DATABASE
INQUIRY REVEALS THAT THERE IS NO ORDER ON FILE RELATING
TO THE PARTIES CONCERNED

UNIFORMED 4. Telephone Central Records Division, Identification Section to verify the


MEMBER OF existence of the order.
THE SERVICE

WHEN A STATE DATABASE INQUIRY REVEALS THAT THERE IS AN


ACTIVE ORDER OF PROTECTION IN EFFECT

UNIFORMED 5. Verify that the order relates to the parties involved, naming the
MEMBER OF complainant as petitioner and the offender as the respondent.
THE SERVICE 6. Verify that the respondent has been previously served with a copy of the
order.

NOTE In order to effect an arrest for violation of an order of protection, the member must have
probable cause to believe the order was effectively served upon the respondent PRIOR
to its violation. While a notation in the database file will provide the member with
sufficient probable cause to believe the order was effectively served, the absence of such
information in the database file will not automatically prevent the member from making
the arrest. If the member, through alternative means, can verify that the order was
properly served (e.g., an affidavit of service, an admission by the respondent that he/she
was properly served, etc) then the arrest can be effected.

7. Determine whether there exists probable cause to believe that the terms of
the order have been violated by the respondent. If probable cause does exist,
comply with the applicable provisions of P.G. 208-36, “Family
Offenses/Domestic Violence.”

ADDITIONAL The fact that the order has not been properly served or that the specific terms of the
DATA order have not been violated will not prevent the member from effecting an arrest if the
underlying conduct constitutes a crime.

RELATED Family Offenses/Domestic Violence (P.G. 208-36)


PROCEDURE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-39

FAMILY OFFENSES/DOMESTIC VIOLENCE (DIGITAL


PHOTOGRAPHY OF VISIBLE INJURIES/DAMAGED PROPERTY)
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/10/18 12/10/18 1 of 3

PURPOSE To capture, store and maintain digital photographic evidence of visible injuries,
damaged property and/or other evidence as a result of domestic violence.

SCOPE All uniformed members of the service are now able to digitally capture domestic
violence photos through Department issued smartphones, and electronically
transmit them as a permanent record attached to the New York State Domestic
Incident Report (DCJS-3221) via the Finest Online Records Management
System (FORMS). These images may then be instantly viewed by prosecutors at
each borough’s District Attorney’s Office and the New York Law Department
(Corporation Counsel) who will have access to the Domestic Violence Digital
Photo Database. Prosecutors may then present digital images of domestic
violence to judges at the time of arraignment, thereby strengthening the District
Attorney’s case. In addition, uniformed members acting in investigatory and
support roles (Detective Bureau personnel, domestic violence prevention
officers, etc.) will be able to view these photos prior to making further contact
with the victim and/or offender.

PROCEDURE Upon responding to the scene of a reported domestic violence incident:

UNIFORMED 1. Comply with P.G. 208-36, “Family Offenses/Domestic Violence.”


MEMBER OF 2. Determine if photographs must be taken.
THE SERVICE 3. Ascertain if the victim is willing to be photographed.
a. Advise the victim that photographable evidence is crucial to future
prosecutorial efforts and/or civil process such as divorce and child
custody proceedings.
b. If victim is not willing to be photographed, note refusal on New
York State Domestic Incident Report (DCJS-3221) and
COMPLAINT REPORT WORKSHEET (PD313-152A).
(1) Additionally, note refusal in ACTIVITY LOG (PD112-
145), and if possible, have victim sign ACTIVITY LOG
entry.
4. Take photographs through the Finest Online Records Management
System (FORMS) on Department issued smartphones. Utilize the “DIR,”
“TAKE DV PHOTOS,” “Take Picture” tabs and take digital photographs
as necessary, including but not limited to:
a. Visible injuries and a photo of victim from the waist up for ID
purpose

NOTE Injuries may not be initially prominent, therefore it is crucial for domestic violence
prevention officers and investigators to take follow-up photographs for bruises that
appear at a later time. When a victim makes a complaint of substantial pain (Assault 3rd
Degree), and there are no visible injuries, do not take photos.

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PATROL GUIDE
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208-39 12/10/18 2 of 3

UNIFORMED b. Weapons
MEMBER OF c. Property damage
THE SERVICE d. Overall scene to illustrate disarray
(continued) e. Appropriate recent photo of perpetrator, from victim’s cell phone
or other source, if no arrest is effected (a photo of a picture on the
victim’s cell phone is appropriate in these cases and a recent
picture of the perpetrator will greatly assist in apprehension)
f. Threatening social media and/or text messages (include photo of
perpetrator’s contact information and IMEI number from victim’s
cell phone)
g. When a violation of an Order of Protection is committed via
phone contact, or a threatening or repeated phone call is made, a
photo of the call log from the victim’s phone will be taken, if
possible (include photo of perpetrator’s contact information and
IMEI number from victim’s cell phone)
h. Apologetic text messages and/or other social media messages that
indicate suspect culpability
i. Other types of evidence (e.g., pictures of caller-id for aggravated
harassment, flowers/notes for stalking, blood on the clothes/hands
or ripped clothing of the victim/perpetrator, etc.).

NOTE Members are reminded that the photographing of evidence does not substitute for the
collection and invoicing of physical evidence (e.g., weapons, clothing, etc.). Members
will adhere to Patrol Guide 218-01, “Invoicing Property – General Procedure” when
invoicing physical evidence.

5. Ensure the “Photos Taken” box within the “Evidence” section (Evid) of
the New York State Domestic Incident Report is completed.
6. Upon completion of taking all required photographs through FORMS on
the Department issued smartphone, press save and document reserved
New York State Domestic Incident Report number on the scratch copy
of the New York State Domestic Incident Report. Make an
ACTIVITY LOG entry documenting the reserved New York State
Domestic Incident Report number.

DOMESTIC 7. Review all completed New York State Domestic Incident Reports,
VIOLENCE finalized COMPLAINT REPORT printouts, and the domestic violence
PREVENTION photos through the Domestic Violence Information Management System
OFFICER (DVIMS), daily, to ensure that the digital photos for domestic violence
were taken as necessary.
8. Conduct follow-up with victims and take digital photos, as necessary.
a. Comply with “step 4, a through i,” when collecting additional
follow-up digital evidence photographs. Additionally, special
attention will be given to injuries that weren’t visible at the time
of the incident, but are now visible.
9. Add additional photos through FORMS utilizing the “Maintenance Tab.”

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-39 12/10/18 3 of 3

TRAINING 10. Ensure that all uniformed members of the service assigned to the
SERGEANT command are properly trained in the taking and uploading of domestic
violence digital photos.

RELATED Family Offenses/Domestic Violence (P.G. 208-36)


PROCEDURES Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of
the Service (P.G. 208-37)
Processing of New York State Domestic Incident Reports (P.G. 208-70)
Requests for U Visa Certifications and/or T Visa Declarations (P.G. 212-111)
Invoicing Property – General Procedure (P.G. 218-01)
Review of Requests for U Visa Certifications (A.G. 308-07)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT (PD313-152)
PROPERTY CLERK INVOICE (PD521-141)
New York State Domestic Incident Report (DCJS-3221)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-40

INTOXICATED OR IMPAIRED DRIVER ARREST


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/27/18 03/27/18 1 of 8

PURPOSE To process persons arrested for operating a vehicle while under the influence of
alcohol and/or drugs.

PROCEDURE Upon arresting a person for operating a vehicle while under the influence of
alcohol and/or drugs:

ARRESTING 1. Request response of patrol supervisor.


OFFICER

PATROL 2. Respond to scene and verify arrest.


SUPERVISOR 3. Direct arresting officer to request Communications Section to dispatch
Highway District, Intoxicated Driver Testing Unit (I.D.T.U.) personnel to
designated testing location.
a. Ensure time of arrest is stated when making request.
4. Direct arresting officer to remove prisoner, in a Department vehicle,
directly to designated testing location without undue delay so that the
IDTU technician commences testing within two hours from time of arrest.
a. Assign adequate personnel to escort prisoner, depending on
circumstances.
NOTE When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized,
normal arrest procedures will be followed and the Highway District I.D.T.U. technician
will respond to the hospital to conduct appropriate tests.

5. Have prisoner’s vehicle removed to precinct of arrest for safeguarding.


6. Comply with P.G. 218-19, “Invoicing Vehicles/Property as Arrest/
Investigatory Evidence or for Forfeiture Proceedings or to Determine True
Owner,” if circumstances warrant seizure of vehicle.
7. Notify desk officer, precinct of arrest regarding details of arrest.
8. Inform desk officer, precinct of arrest to notify Operations Unit and
request a notification be made to District Attorney’s Office, if prisoner
has caused a serious physical injury or death to another individual or a
serious physical injury to him/herself.
9. If arrestee is a member of the service, immediately notify the commanding
officer/duty captain.

COMMANDING 10. If a member of the service is arrested, respond to the scene and ensure
OFFICER/ said member is transported directly to the designated testing location
DUTY without undue delay and ensure that the IDTU technician commences
CAPTAIN testing within two hours from time of arrest.

DESK 11. Make required entries in Command Log and on ROLL CALL (PD406-
OFFICER, 144) pertaining to arresting officer’s post change and Department auto
PRECINCT OF number of vehicle used to transport prisoner to testing location.
ARREST
NEW  YORK  CITY  POLICE  DEPARTMENT
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208-40 03/27/18 2 of 8

DESK 12. Contact Operations Unit and request a notification be made to District
OFFICER, Attorney’s Office, if prisoner has caused a serious physical injury or
PRECINCT OF death to another individual or a serious physical injury to him/herself.
ARREST a. Provide Operations Unit member with the following:
(continued) (1) Arresting officer’s name, tax registry number, shield
number and command
(2) Prisoner’s pedigree information
(3) Desk telephone number of designated testing location.
b. Make Telephone Record entry regarding notification.

OPERATIONS 13. Notify appropriate District Attorney’s Office.


UNIT MEMBER 14. Provide assistant district attorney with the following:
a. Arresting officer’s name, tax registry number, shield number, and
command
b. Prisoner’s pedigree information
c. Desk telephone number of designated testing location.
15. Notify desk officer, precinct of arrest and provide assistant district
attorney’s name and telephone number.

ARRESTING 16. Conduct a thorough field search of prisoner prior to transportation.


OFFICER 17. Remove prisoner to designated testing location, and comply with pertinent
arrest procedures.
a. Arresting officer will invoice, as evidence, any of the following
items found on the prisoner, or in the prisoner’s vehicle:
(1) Credit card receipts from a recent stop from restaurants,
bars, sporting events, etc.
(2) Any alcohol beverage or alcohol beverage container, etc.
(3) Any controlled substances, prescription medicine/drugs,
prescription bottles, marijuana, synthetic drug, synthetic
drug packaging, or any substance that is reasonably
believed to cause impairment.
18. Report, with prisoner, to desk officer at testing location.
19. Inform desk officer, testing location, if prisoner has caused a serious
physical injury or death to another individual.

DESK 20. Make entry in Command Log of:


OFFICER, a. Identity of arresting officer and Department vehicle used
TESTING b. Identity and pedigree of prisoner.
LOCATION 21. Verify that Highway District has been notified and responding.

ARRESTING 22. Complete captions on ARRESTING OFFICER’S REPORT -


OFFICER INTOXICATED DRIVER ARREST (PD271-152).

I.D.T.U. 23. Complete captions on HIGHWAY DISTRICT INTOXICATED DRIVER


TECHNICIAN EXAMINATION - PAGE 1 (PD271-161) and HIGHWAY DISTRICT
INTOXICATED DRIVER EXAMINATION - PAGE 2 (PD271-161A).
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-40 03/27/18 3 of 8

I.D.T.U. 24. Comply, on video, with “Section One Chemical Test” on HIGHWAY
TECHNICIAN DISTRICT INTOXICATED DRIVER EXAMINATION - PAGE 1.
(continued)

NOTE In the event that the video camera system in an I.D.T.U. facility is inoperable, I.D.T.U.
technicians will make an IMMEDIATE notification to the Highway District. All tests
will be moved to another testing location with operable video, as directed by the
Highway District.

25. Administer breath test to prisoner.

NOTE It is the policy of the New York City Police Department that subjects be observed by the
I.D.T.U. technician for a minimum period of twenty minutes immediately preceding the
administration of an evidentiary breath test, during which period the subject must not have
ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, smoked, or have
placed anything in his/her mouth. This requirement exceeds New York State minimum
time period of fifteen minutes.

I.D.T.U. technicians will offer the breath test by reading the request directly from
HIGHWAY DISTRICT INTOXICATED DRIVER EXAMINATION - PAGE 1, and
instruct the prisoner on how to give a proper breath sample. Prisoners will be given
three initial attempts at giving a proper breath sample. After each unsuccessful attempt,
I.D.T.U. technicians will reinstruct the prisoner on how to give a proper breath sample.

The Intoxilyzer is set to “time out” after three minutes. Prisoners will be given
unlimited attempts to blow into the Intoxilyzer until either an adequate sample registers
OR three minutes have expired. After each unsuccessful attempt, the I.D.T.U. technician
will reinstruct the prisoner on how to give a proper breath sample. After the initial
three attempts, the I.D.T.U. technician will read a refusal warning directly from
HIGHWAY DISTRICT INTOXICATED DRIVER EXAMINATION - PAGE 1. After
three minutes, if none of the additional attempts are successful, the Intoxilyzer will
terminate the test and indicate that the results are “Insufficient.” All captions on the
Intoxilyzer will be answered, and a second three minute test will be offered. The refusal
warning and instructions on how to give a proper breath sample will be reread at the
beginning of the second test.

If an “insufficient” result occurs at the conclusion of the second test, the test will be
recorded as a refusal by conduct. If a prisoner refuses a second test, the test will be
recorded as a refusal. In both cases, I.D.T.U. technicians will comply with steps “34”
and “35” of this procedure. I.D.T.U. technicians will proceed to step “26.”

If, at any time a complete sample is obtained, the breath test will be concluded, and
I.D.T.U. technicians will proceed to step “26.”

I.D.T.U. technicians will provide arresting officers with a copy of all printouts generated
for each test.

When interacting with a non-English speaking or Limited English Proficient (LEP) person,
in order to provide accurate translations of the request for chemical tests, and refusal

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-40 03/27/18 4 of 8

NOTE warnings, I.D.T.U. technicians conducting breath tests will utilize the Language Videos
(continued) produced by the Video Unit utilizing certified Department interpreters. In the event that a
language needed is not available on video, I.D.T.U. technicians will comply with P.G. 212-
90 “Guidelines for Interaction With Limited English Proficient (LEP) Persons.”

I.D.T.U. 26. Upon completion or refusal of breath test, comply with “Section Two
TECHNICIAN Horizontal Gaze Nystagmus Test” on the HIGHWAY DISTRICT
(continued) INTOXICATED DRIVER EXAMINATION - PAGE 1.
27. Comply with “Section Three Coordination Test” on the HIGHWAY
DISTRICT INTOXICATED DRIVER EXAMINATION - PAGE 2,
and conduct “Test Number 1 - Walk and Turn,” and “Test Number 2 -
One Leg Stand.”

NOTE If, upon completion of the coordination test, it is determined by the I.D.T.U. technician
that the subject’s level of impairment is not consistent with the subject’s Blood Alcohol
Content Reading, (the BrAC reading obtained is below a .07%) the I.D.T.U. technician
is required to contact the Highway District and request the response of a certified Drug
Recognition Expert, and comply with the directions on HIGHWAY DISTRICT
IMPAIRED DRIVER EXAMINATION REQUEST FOR URINE (PD221-160).

The Highway District will direct a certified Drug Recognition Expert to respond to the
I.D.T.U. facility.

A Drug Recognition Expert will generally only conduct an evaluation if the subject’s BrAC
reading is below .07% and the subject’s level of impairment is not consistent with the
reading, however, an evaluation will never be conducted when a reading obtained is a .15%
or above.

I.D.T.U. technicians trained in Advanced Roadside Impaired Driving Enforcement, if in


their professional opinion deem necessary, may continue with Test A – “Modified
Romberg Balance Test,” Test B – “Lack of Convergence Test,” and Test C – “Finger to
Nose Test,” found on the form entitled, “ADVANCED ROADSIDE IMPAIRED
DRIVING ENFORCEMENT (PD271-162).”

ARRESTING 28. Comply with INTERROGATION WARNINGS TO PERSONS IN


OFFICER POLICE CUSTODY (PD244-1414), on video, after all testing is
completed.

I.D.T.U. 29. Complete data entry on the Intoxilyzer, and sign the printout(s) in the
TECHNICIAN appropriate caption.
30. Distribute copies of all reports as indicated, and provide arresting officer
with signed computer printout(s) from the Intoxilyzer.

NOTE Any toxicological sample(s) (i.e., blood, urine, saliva, etc.), if collected, will be
inventoried by the arresting officer utilizing the Property and Evidence Tracking System.
Any toxicological samples, if taken, will be delivered to the Police Laboratory without
delay.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-40 03/27/18 5 of 8

NOTE A COMPLAINT REPORT (PD313-152), PROPERTY CLERK INVOICE (PD521-141),


(continued) and a REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) must be
forwarded with each specimen box.

All REQUEST FOR LABORATORY EXAMINATION REPORTS will request the


samples to be analyzed for “7-DNA Analysis to identify source of;” “30-Determine
Blood Alcohol Concentration;” and “44-Other” stating in the “Details” section “To Be
Tested for Drugs.”

If a prisoner, under the age of twenty-one, has a breath test reading of .02 of one per
centum or more but not more than .05 of one per centum by weight of alcohol in the
person's blood (BrAC) as shown by chemical analysis of such person's breath, the
arresting officer and I.D.T.U. technician will comply with applicable provisions of P.G.
208-41, “Arrests - Person Under Twenty-One Operating a Motor Vehicle After Having
Consumed Alcohol.”

This procedure will be followed when the prisoner is under the age of twenty-one and the
following conditions exists:
a. A prisoner’s BrAC is determined to be a .06% or greater; or
b. A prisoner refused a breath test and believed to be intoxicated; or
c. Impairment from a drug other than alcohol is suspected, regardless of the BrAC
reading.

ARRESTING 31. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET


OFFICER (PD244-159).
32. Record the following vehicle information in the “Narrative” section of the
ON LINE BOOKING SYSTEM ARREST WORKSHEET:
a. The make, model, year and color of the vehicle operated by the
defendant
b. The license plate number of the vehicle operated by the defendant
and the state the vehicle is registered in
(1) If the vehicle does not have a metal plate, the temporary or
alternate plate will be recorded.
c. Rank, name and shield number of I.D.T.U. technician
d. Date and time test conducted.

DESK 33. Review the ON LINE BOOKING SYSTEM ARREST WORKSHEET


OFFICER, to ensure completeness and verify that information regarding the vehicle
TESTING operated by the defendant is recorded for all Driving While Intoxicated or
LOCATION Impaired Driver arrests.

IF PRISONER REFUSES CHEMICAL TEST (BREATH, BLOOD, URINE,


AND/OR SALIVA) OR ANY PORTION THEREOF AT ANY TIME

I.D.T.U. 34. Prepare and sign Report of Refusal to Submit to Chemical Test
TECHNICIAN (NYSDMV AA-134).
a. Have arresting officer sign Report of Refusal to Submit to
Chemical Test.
NEW  YORK  CITY  POLICE  DEPARTMENT
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208-40 03/27/18 6 of 8

I.D.T.U. 35. Distribute copies of Report of Refusal to Submit to Chemical Test as


TECHNICIAN indicated on form.
(continued) a. Arresting officer must provide the assistant district attorney with a
copy of the form when the complaint is drawn.

COLLISION 36. Notify assistant district attorney if prisoner refuses to submit to a chemical
INVESTIGATION test and has caused critical injury, serious physical injury or death to another,
SQUAD refer to P.G. 217-02, “Vehicle Collisions Which Result in Death, Serious
MEMBER Injury and Likely to Die, or Critical Injury.”
a. Be guided by instructions from assistant district attorney and comply
with P.G. 217-16, “Chemical Test Warrant Application.”

NOTE Regardless of the operator’s decision to consent to a chemical test, a notification to


Operations Unit and the District Attorney’s Office concerned will be made when a
vehicle collision which meets the criteria in P.G. 217-02, “Vehicle Collisions Which
Results in Death, Serious Injury and Likely to Die, or Critical Injury.” The arresting
officer will keep the District Attorney’s Office apprised of the arrest process and will
apply for a chemical test warrant if the prisoner subsequently refuses to submit to a
chemical test. If the operator suffers a serious physical injury and no other person
suffers a serious physical injury or death, a member of the service cannot apply for a
chemical test warrant for that operator.

ARRESTING 37. Notify assistant district attorney if prisoner has any previous arrests for
OFFICER same crime within the past ten years.

DESK 38. Ensure prisoner is transported to borough Court Section facility, as


OFFICER, appropriate.
TESTING
LOCATION

ADDITIONAL In arrest cases for Driving While Intoxicated/Impaired, where a vehicle collision is involved,
DATA a photocopy of the Police Accident Report (MV104AN) will be provided to the assistant
district attorney in the Complaint Room.

Members assigned to the Strategic Response Group or Citywide Traffic Task Force, Driving
While Intoxicated Unit who have been trained and certified as Intoxilyzer technicians will
perform the functions (testing, video recording, etc.) which would normally be performed by
Highway District Intoxicated Driver Testing Unit (I.D.T.U.) technicians only for arrests for
Driving While Intoxicated/Impaired effected by members of their own units.

If a prisoner requests to consult with an attorney prior to submitting to a chemical test, he or


she will be allowed such consultation provided it will not delay the administration of the test
unnecessarily. If the prisoner requests to contact an attorney, ask the prisoner if he/she has
the name and phone number of the attorney. If the prisoner does not have the phone
number, provide the prisoner with a phone book (if available) and access to a telephone for
a reasonable amount of time (e.g., fifteen minutes). After fifteen minutes, advise the prisoner
that their time is up, and they must give a “yes/no” answer. I.D.T.U. technicians will read
the refusal warnings if the prisoner answers “no” or fails to give a clear “yes/no” answer.

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208-40 03/27/18 7 of 8

ADDITIONAL A prisoner’s request to contact an attorney will not be denied under any circumstances.
DATA Absent a prisoner’s request for an attorney, there is no obligation to inform the prisoner
(continued) prior to the test that he/she may consult with an attorney. However, if an attorney contacts
the Department and states that he/she represents the prisoner, the prisoner MUST be
informed of such and provided with an opportunity to consult with the attorney BEFORE the
test is offered. A prisoner’s conversation with an attorney may not be recorded. Turn off
video recording equipment while the prisoner converses with an attorney.

If a prisoner requests to be tested for intoxication by his/her personal physician, the test will
not be allowed until the Department testing has been completed. If the prisoner refuses the
administration of a chemical test by this Department, he/she shall not be allowed to have a
test be administered by his/her personal physician. The desk officer concerned will
personally witness the test given by the physician and will direct that an entry be made in the
“Narrative” section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET. The
entry will include the name and address of the physician and the time and date the test was
given. If the test is conducted at a detention or borough Court Section facility, the desk
officer thereat will make a telephone notification to the precinct of occurrence for the
information of the arresting officer.

When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized, normal


arrest procedures will be followed and the Highway District I.D.T.U. technician will
respond to the hospital and conduct appropriate tests. I.D.T.U. technicians will prepare the
INTOXICATED DRIVER EXAMINATION - BLOOD (PD221-161). Arresting officers
will prepare ARRESTING OFFICER’S REPORT - INTOXICATED DRIVER ARREST
and INTERROGATION WARNINGS TO PERSONS IN POLICE CUSTODY. Distribute
copies of all reports as indicated on forms. If a prisoner refuses to submit to any chemical
test, comply with steps “34” through “36.”

A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1),
(2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse
bail, unless such prisoner is hospitalized for more than twenty-four hours. Such prisoner
may be issued a DESK APPEARANCE TICKET, if eligible, whether or not he submitted to
a chemical test. However, under no circumstances will a prisoner charged with violation of
Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK
APPEARANCE TICKET if he/she has caused serious physical injury or death to another.

RELATED Persons Under Twenty-One Operating a Motor Vehicle After Having Consumed Alcohol
PROCEDURES (P.G. 208-41)
Release of Prisoners (P.G. 210-13)
Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90)
Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical
Injury (P.G. 217-02)
Chemical Test Warrant Application (P.G. 217-16)
Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture
Proceedings or to Determine True Owner (P.G. 218-19)
Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the
Chief Medical Examiner (OCME) (P.G. 218-49)

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208-40 03/27/18 8 of 8

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS ADVANCED ROADSIDE IMPAIRED DRIVER ENFORCEMENT (PD271-162)
ARRESTING OFFICER’S REPORT - INTOXICATED DRIVER ARREST (PD271-152)
HIGHWAY DISTRICT IMPAIRED DRIVER EXAMINATION REQUEST FOR URINE
(PD221-160)
HIGHWAY DISTRICT INTOXICATED DRIVER EXAMINATION - PAGE 1 (PD271-161)
HIGHWAY DISTRICT INTOXICATED DRIVER EXAMINATION - PAGE 2 (PD271-161A)
INTERROGATION WARNINGS TO PERSONS IN POLICE CUSTODY (PD244-1414)
INTOXICATED DRIVER EXAMINATION - BLOOD (PD221-161)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
ROLL CALL (PD406-144)
STANDARDIZED FIELD SOBRIETY TEST NOTES (PD383-141)
COMPLAINT REPORT (PD313-152)
PROPERTY CLERK INVOICE (PD521-141)
REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168)
Police Accident Report (MV104AN)
Report of Refusal to Submit to Chemical Test (NYSDMV AA-134)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-41

PERSONS UNDER TWENTY-ONE OPERATING A MOTOR VEHICLE


AFTER HAVING CONSUMED ALCOHOL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 4

PURPOSE To process persons detained pursuant to Section 1192-a of the Vehicle and
Traffic Law, for the purpose of administering a chemical test.

SCOPE Pursuant to Section 1192-a, police officers can temporarily detain a motorist younger
than twenty-one years of age, for the purpose of administering a chemical test upon
reasonable grounds to believe that the individual is operating a motor vehicle after
having consumed alcohol. The statute defines reasonable grounds as:
“The totality of the circumstances surrounding the incident which, when taken
together, indicate that the operator was driving in violation of such subdivision
(VTL 1192-a). Such circumstances may include any visible or behavioral
indication of alcohol consumption by the operator, the existence of an open
container containing or having contained an alcohol beverage in or around the
vehicle driven by the operator, or any other evidence surrounding the
circumstance of the incident which indicates that the operator has been operating
a motor vehicle after having consumed alcohol at the time of the incident.”

PROCEDURE Upon detaining a person, under twenty-one years of age, for operating a motor
vehicle after consuming alcohol:

DETAINING 1. Inform detainee of authority and cause of detention, unless physical


OFFICER resistance, flight, or other factors render this action impractical.
2. Handcuff detainee with hands behind back.
3. Immediately frisk detainee for weapons (NOT for evidence or contraband).
4. Remove detainee to stationhouse, precinct of occurrence.

DESK OFFICER, 5. Verify that detaining officer made a lawful stop of detainee and that
PRECINCT OF detainee violated Section 1192-a of the Vehicle and Traffic Law.
OCCURRENCE 6. Direct detaining officer to request that Communications Section dispatch
Highway District personnel to testing location.
a. State time of detention when making request.

NOTE THE CHEMICAL TEST MUST BE ADMINISTERED WITHIN TWO HOURS OF THE
START OF DETENTION.

7. Direct detaining officer to remove detainee, in a Department vehicle, to


the designated testing location. (See P.G. 208-40, “Arrests - Intoxicated
Or Impaired Driving”).
a. Assign adequate personnel to escort detainee, depending on circumstances.
8. Make entry in Command Log of:
a. Identity of detaining officer and Department vehicle used.
b. Identity and pedigree of detainee.
9. Have detainee’s vehicle removed to precinct of occurrence for safeguarding.

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NOTE A vehicle may be released to licensed operator designated by the prisoner if:
a. Vehicle not wanted on an alarm c. Prisoner was in lawful possession
b. Vehicle not required as evidence d. Vehicle not subject to forfeiture
If vehicle is not released within forty-eight hours, have vehicle removed to Property
Clerk’s storage facility.
DETAINING 10. Report with detainee, to desk officer at testing location.
OFFICER
DESK OFFICER, 11. Make Command Log entry of presence of detaining officer and detainee.
TESTING 12. Verify that Highway District has been notified.
LOCATION

I.D.T.U. 13. Utilize Zero Tolerance Instruction Sheet, and perform chemical test on
TECHNICIAN detainee.

UPON RECEIPT OF A BREATHALYZER OR INFRARED UNIT READING


OF .02% THROUGH .05%, COMPLY WITH THE FOLLOWING STEPS
DETAINING 14. Prepare Notice of Hearing (Operating a Motor Vehicle After
OFFICER Consuming Alcohol) (AA-137A.1).
15. Select a hearing date two to thirty days subsequent to the test date,
Monday through Friday, excluding legal holidays.
NOTE The hearing date must be compatible with the detaining officer’s schedule. The detainee
will be directed to respond to the second floor of 19 Rector Street, New York, New York
at 1300 hours on the date selected by the detaining officer.
The detainee’s license will not be suspended pending the administrative hearing.
I.D.T.U. 16. Provide the detaining officer and the detainee with a copy of the following:
TECHNICIAN a. Zero Tolerance Instruction Sheet
b. Instrument Calibration Sheet
c. Operator Certification Sheet
d. Notice of Hearing (Operating a Motor Vehicle After Consuming
Alcohol).
NOTE The detaining officer will bring a copy of all documents/forms, listed in step 16, to the
hearing, unless the hearing is waived.
17. Forward original and one copy of all documents/forms prepared to the
Highway District concerned.
NOTE A member of the Highway District will forward original copy of all forms/documents
prepared to the New York State Department of Motor Vehicles within twenty-four hours,
and will have remaining copies of documents/forms filed in command.
IF THE DETAINEE REFUSES THE CHEMICAL TEST
DETAINING 18. Prepare Notice of Chemical Test Refusal Hearing (Person Under Age
OFFICER 21) (DMV 137A) and Refusal to Submit to a Chemical Test (AA 134-a).
19. Select a hearing date two to thirty days subsequent to the test date,
Monday through Friday, excluding legal holidays.

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NOTE The hearing date must be compatible with the detaining officer’s schedule. The detainee
will be directed to respond to the second floor of 19 Rector Street, New York, New York
at 1300 hours on the date selected by the detaining officer.
DETAINING 20. Distribute copies of Notice of Chemical Test Refusal Hearing and
OFFICER Refusal to Submit to a Chemical Test as follows:
(continued) a. Original and one copy of each form to IDTU technician.
b. One copy of each form to detainee.
c. One copy of each form to detaining officer.
I.D.T.U. 21. Forward original and one copy of Notice of Chemical Test Refusal Hearing and
TECHNICIAN Refusal to Submit to a Chemical Test to the Highway District concerned.
NOTE A member of the Highway District will forward original copy of Notice of Chemical
Test Refusal Hearing and Refusal to Submit to a Chemical Test to the New York State
Department of Motor Vehicles within forty-eight hours, and will file one copy of each
form in the command.
The detainee’s license WILL BE suspended by the New York State Department of Motor
Vehicles, pending the refusal hearing.
IF THE DETAINEE SUBMITS TO THE CHEMICAL TEST AND A
READING OF .06% OR GREATER IS OBTAINED, OR A READING OF
.04% OR HIGHER FROM A COMMERCIAL DRIVERS LICENSE (CDL)
HOLDER OPERATING A COMMERCIAL VEHICLE
I.D.T.U. 22. Advise the detaining officer of the reading.
TECHNICIAN
DETAINING 23. Arrest detainee and charge the individual with the appropriate Vehicle
OFFICER and Traffic Law section, based upon the reading obtained pursuant to the
1192-a Chemical Test.
24. Conduct inquiry to determine the location from which the detainee was served.
a. If positive information received, notify the Intelligence Bureau
and comply with P.G. 212-12, “Citywide Intelligence Reporting
System.”
NOTE In addition to the above requirements, the detainee/arrestee will be processed in
accordance with current arrest processing procedures as well as P.G. 208-40, “Arrests
- Intoxicated Or Impaired Driving.”
ADDITIONAL Since an individual who violates this statute is detained rather than arrested, an
DATA individual who resists detention or attempts to escape a lawful stop would be subject to
arrest for Obstructing Governmental Administration (Section 195.05 of the Penal Law
[A Misdemeanor]) rather than Resisting Arrest.
If a detainee requests to be tested for intoxication by his personal physician, the test will not be
allowed until the Department testing has been completed. If the detainee refuses the
administration of a chemical test by this Department, he/she will not be allowed to have a test
administered by a personal physician. The desk officer, testing location, will personally witness
the test given by a physician and will direct that the detaining officer document the following
information on the file copy of the Zero Tolerance Instruction Sheet: name, address, telephone
number of physician, and the date and time the physician administered the test.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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ADDITIONAL At the Department of Motor Vehicle hearing, the detaining officer must be able to
DATA provide clear and convincing evidence on the following issues:
(continued) a. The motorist, who was detained, operated the motor vehicle.
b. A valid request was made by the police officer to submit to a chemical test, as
provided in Section 1194 of the Vehicle and Traffic Law.
c. The motorist was under twenty-one years of age at the time of the incident.
d. The chemical test was properly administered in accordance with Section 1194 of
the Vehicle and Traffic Law.
e. The chemical test concluded that the motorist had operated the motor vehicle after
having consumed alcohol, as defined in Section 1192-a of the Vehicle and Traffic Law.
f. The initial stop of the motorist was lawful.

If the detaining officer fails to appear at the hearing or fails to bring copies of all
documents/forms prepared, the charges against the motorist may be dismissed.

If a person operates a motor vehicle when his/her license is suspended or revoked as the
result of a Section 1192-a finding, the motorist may be charged with Aggravated
Unlicensed Operation in the Second Degree, Section 511(2) of the Vehicle and Traffic Law.

Absent an emergency, a hearing date should not be rescheduled. If it becomes necessary


to reschedule a hearing, the detaining officer’s command can request that the hearing be
rescheduled by writing to the Department of Motor Vehicles, Safety and Business
Hearing Bureau, Room 240, Empire Plaza, New York 12228, or the command may call
the Safety and Business Hearing Bureau.

RELATED Release of Prisoners - General Procedures (P.G. 210-13)


PROCEDURES Arrests - Intoxicated or Impaired Driving (P.G. 208-40)

FORMS AND NOTICE of HEARING (OPERATING a MOTOR VEHICLE AFTER CONSUMING


REPORTS ALCOHOL) (AA-137A.1)
NOTICE of CHEMICAL TEST REFUSAL HEARING (PERSON UNDER AGE 21)
(DMV 137A)
REFUSAL to SUBMIT to a CHEMICAL TEST (AA 134-a)
Instrument Calibration Sheet
Operator Certification Sheet
Zero Tolerance Instruction Sheet

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-42

ARREST ON A WARRANT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 5

PURPOSE To arrest persons for whom warrants have been issued.

DEFINITION ARRESTING OFFICER – For the purposes of this procedure, an arresting


officer is any non-supervisory uniformed member, including detective squad
personnel, assigned to arrest persons named on warrants issued by the court.

PROCEDURE When arresting a person for whom a warrant has been issued:

ARRESTING 1. Inform defendant of warrant and offense charged unless physical


OFFICER resistance, flight or other factors make such procedure impractical.
2. Present warrant, if requested, or as soon as possible, if not possessed at
time of arrest.
3. Announce authority and purpose if premises is involved, and there is
reasonable cause to believe that defendant is inside, EXCEPT if giving
such notice may:
a. Endanger the life or safety of the officer or another person, OR
b. Result in defendant attempting to escape, OR
c. Result in material evidence being destroyed, damaged or hidden.

NOTE The City Charter authorizes the immediate and unannounced entry into a premise in an
emergency situation; this includes an “urgent child abuse” case situation where the life or
safety of a child or any other person is endangered. In other cases where there is no
emergency, exceptions DO NOT apply (i.e., Family Court warrants, including Urgent
Child Abuse Warrants).

4. Make a forced entry into premises, if necessary.

NOTE If premise is a third party residence, such forced entry is prohibited without a search
warrant.

5. Make arrest and comply with the pertinent arrest processing guidelines.
a. When court is not in session, contact borough Court Section
supervisor for instructions as to location to which prisoner is to be
transported.
6. Ascertain if any additional warrants or active INVESTIGATION CARD(S)
(PD373-163) exist concerning the subject of the immediate warrant via
applicable Department resources as described in P.G. 208-22, ‘Performing
Local, State and Federal Warrant Checks.’
a. Comply with P.G. 208-23, ‘Computerized Investigation Card
System,’ if an INVESTIGATION CARD has been discovered.

NOTE A subject can be run by name, NYSID, or by the docket number (if known) under the
“Keyword” function in DAS. In addition, in order to sort through the information returned
through DAS, it is recommended that the “Warrants Active” tab be checked under the
Source Section of the Filter System.
NEW  YORK  CITY  POLICE  DEPARTMENT
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ARRESTING 7. Complete ON LINE BOOKING SYSTEM ARREST WORKSHEET


OFFICER (PD244-159) if arrest warrant, or ARREST REPORT - SUPPLEMENT
(continued) (PD244-157) if bench warrant, and enter under “NARRATIVE”:
a. Date warrant issued, court, judge, and county of issuance
b. Rank, name, shield number and command of member of the
service who verified the status of the warrant
c. Docket number and other pertinent information.
8. Arraign prisoner as follows:
a. CRIMINAL COURT WARRANTS
(1) Warrants issued by New York, Queens, Bronx, or Kings
County Criminal Court:
(a) Arraign prisoner in Criminal Court or Weekend/
Night Court of the borough that issued the warrant.
(2) Warrants issued by Staten Island Criminal Court:
(a) When in session, arraign prisoner in Staten Island
Criminal Court
(b) When not in session, confer with Staten Island
borough Court Section and process prisoner as
directed.
b. SUPREME COURT WARRANTS
(1) If in session, take prisoner before Supreme Court that
issued warrant.
(2) When a police officer cannot bring the defendant to
Supreme Court for arraignment (after 1700 hours on
weekdays and on weekends), the officer will deliver
defendant as follows:
(a) Adult males to the Department of Correction
facility listed (see ADDITIONAL DATA for
Department of Correction locations)
(b) Adult females to the Rose M. Singer Center on
Rikers Island
(c) Male adolescents (18 years of age) will be brought
to the Adolescent Reception and Detention Center
on Rikers Island.
(d) Male and female juveniles (16 and 17 years of age)
will be brought to the appropriate facility designated
by the Administration for Children’s Services (ACS).
c. FAMILY COURT WARRANTS
(1) When in session, remove prisoner to Family Court that
issued warrant.
(2) When not in session, arraign prisoner in Weekend/Night
Court, borough of arrest.
9. The police officer delivering the prisoner will provide the Department of
Correction with a copy of the Supreme Court arrest warrant or bench
warrant.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-42 03/18/19 3 of 5

ARRESTING 10. Police officers delivering defendants to Rikers Island will proceed across
OFFICER the Rikers Island bridge and go directly to the appropriate reception
(continued) center where they will be required to check all their weapons. After
complying, they will proceed to the receiving entrance of the facility to
lodge the defendant, and will retrieve their weapons after the defendant is
lodged.
11. In order to accurately account for instances where a defendant is returned
to court solely on the basis of a warrant (Criminal or Supreme Court,
bench, etc.) and there is no associated arrest number generated, all
escorting officers, with the exception of members of the service
assigned to the Fugitive Enforcement Division or any of its sub-units,
must report to the designated borough Court Section location as follows:
a. Manhattan – Room 132
b. Brooklyn – Room 207
c. Bronx – Prisoner Intake
d. Queens – Prisoner Intake
e. Staten Island – 120th Precinct Arrest Processing Office.
In all cases, escorting officers will obtain a “Return on Warrant” number
from Court Section personnel prior to departing the court facility.
12. If arrest made in borough other than borough where warrant was issued
(Inter-County Warrant): prepare following statement on Court Complaint,
“At (time) hours, on (date), Police Officer (name, shield number,
command) performing duty in (borough) Criminal Court has verified
through records on file at said court that the warrant forming the basis of
this arrest is active.”

WHEN AN ARREST IS AFFECTED SOLELY ON A BENCH WARRANT

DESK OFFICER 13. Make Command Log entry relative to the detention of the prisoner.

ARRESTING 14. Prepare ARREST REPORT - SUPPLEMENT and submit to supervisor


OFFICER for review and signature.
a. Indicate on ARREST REPORT - SUPPLEMENT if, and
exactly how, the subject may have attempted to avoid arrest.

ADDITIONAL PAROLE WARRANT


DATA If a uniformed member of the service conducting an investigation has a parole
absconder in custody SOLELY on the authority of a parole warrant, the arrest will be
processed as “FOA” as follows:
a. Notify New York State Department of Corrections and Community Supervision
(DOCCS) at their 24 hour Operations Center at 212 239-6159 and request a
faxed copy of the warrant
b. Notify Warrant Verification Desk of apprehension and details
c. Ensure that parole violators are served with a copy of the charges upon which
the warrant is based, as well as, the dates on which the probable cause and
revocation hearings are to be scheduled.

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-42 03/18/19 4 of 5

ADDITIONAL PRISONERS IN THESE CASES WILL BE LODGED AT THE APPROPRIATE


DATA DEPARTMENT OF CORRECTION FACILITY AND ARE NOT TO BE TRANSPORTED
(continued) TO BOROUGH COURT SECTION FACILITIES. When preparing the ON LINE
BOOKING SYSTEM ARREST WORKSHEET, indicate in the “Narrative Section,”
the time, date, and names of who was notified at the Warrant Section and at the Parole
Absconder Search Unit, prior to forwarding a copy of the ON LINE BOOKING
SYSTEM ARREST WORKSHEET to the borough Court Section.

YOUTH AWOL FROM A RESIDENTIAL FACILITY


When a youth who is AWOL from a residential facility is apprehended on an Office of
Children and Family Services Warrant, the youth will be returned directly to the
residential facility, if located within New York City. If AWOL from a facility outside New
York City, the youth will be taken directly to the appropriate facility designated by the
Administration for Children’s Services (ACS). In NO CASE will the youth be taken to
Family Court.

PINS WARRANT
If the defendant is NOT released on an APPEARANCE TICKET - FAMILY COURT on
the Juvenile Delinquency charges, the defendant will be taken to the appropriate facility
designated by the Administration for Children’s Services (ACS)

When a defendant is taken into custody, and in addition to a PINS Warrant, there are
other Juvenile Delinquency charges:
a. The juvenile may be served an APPEARANCE TICKET - FAMILY COURT
(PD277-130) for the other charges, if eligible. However, the juvenile will be
kept in custody on the authority of the PINS Warrant and taken to a designated
Emergency Children’s Service facility
b. If the defendant is NOT released on an APPEARANCE TICKET - FAMILY
COURT on the Juvenile Delinquency charges, the defendant will be taken to the
appropriate facility designated by the Administration for Children’s Services
(ACS).
When a person is apprehended outside New York City, but within New York State on the
authority of a felony/misdemeanor warrant issued by a New York City Court, the Inter-
City Correspondence Unit will notify the Warrant Section to assign personnel to return
the prisoner to New York City. Travel expense funds, if needed, may be obtained from
the Audits and Accounts Unit. If closed, funds may be obtained at the Office of the Chief
of Detectives (see P.G. 212-83, “Leaving City on Official Business”).
The address of each Department of Correction facility is as follows:
Manhattan Brooklyn and Staten Island
Manhattan Detention Complex (MDC) Brooklyn Detention Complex
125 White Street 275 Atlantic Avenue
New York, New York 10013 Brooklyn, New York, 11201

Bronx and Queens Juvenile Facility


Department of Correction Barge Adolescent Reception and
1 Halleck Street Detention Center (ARDC)
Bronx, New York, 10474 11-11 Hazen Street
East Elmhurst, New York 11370
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-42 03/18/19 5 of 5

ADDITIONAL Female Facility


DATA Rose M. Singer Center (RMSC)
(continued) 19-19 Hazen Street
East Elmhurst, New York 11370

RELATED Performing Local, State and Federal Warrant Checks (P.G. 208-22)
PROCEDURES Computerized Investigation Card System (P.G. 208-23)
Certificate of Warrant (Non-Support) (P.G. 208-50)
Documenting and Reporting Court Appearances Pertaining to Arrests on a Warrant (P.G.
211-08)
Search Warrant Applications (P.G. 212-75)
Leaving City on Official Business (P.G. 212-83)

FORMS AND ARREST REPORT - SUPPLEMENT (PD244-157)


REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
APPEARANCE TICKET - FAMILY COURT (PD277-130)
INVESTIGATION CARD (PD373-163)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-44

PROSTITUTION
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 1

PURPOSE To process persons arrested for prostitution.

PROCEDURE When a person is arrested for prostitution, follow normal arrest procedure and:

ARRESTING 1. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET


OFFICER (PD244-159).
2. Include under details on ON LINE BOOKING SYSTEM ARREST
WORKSHEET:
a. Length of time of observation
b. Action which caused arrest
c. Any statements by prisoner to substantiate charge
d. Location of offense
e. How person was attired
f. Character of room
g. Fee paid
h. Was money returned?
i. Other necessary information.
3. Notify Borough Vice Module (or Detective Bureau Wheel, if unavailable)
if:
a. Defendant is less than eighteen years of age, or;
b. Defendant states that he/she is being compelled to work as a
prostitute, or;
c. Defendant states that he/she has been transported across state lines
for the purpose of engaging in prostitution.

DESK OFFICER 4. Verify identity and address if prisoner is not in possession of satisfactory
documentary proof.

ARRESTING 5. Sign all copies of ON LINE BOOKING SYSTEM ARREST


OFFICER WORKSHEET under booking officer’s signature.

ADDITIONAL The arresting officer will submit a copy of the court affidavit and the ON LINE
DATA BOOKING SYSTEM ARREST WORKSHEET to his/her immediate supervisor after
arraignment of the prisoner. A COMPLAINT REPORT (PD313-152) is not prepared,
however fingerprints and photos are taken.

RELATED Photographable Offenses (P.G. 208-07)


PROCEDURES Police Action in Premises Licensed or Unlicensed Where Alcoholic Beverages Are Sold
(A.G. 321-19)

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-45

LOITERING FOR PURPOSES OF PROSTITUTION


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/11/18 06/11/18 1 of 2

PURPOSE To process arrests for “Loitering for Purposes of Prostitution.”

DEFINITION INTERACTION – Beckons to, stops, attempts to stop, attempts to engage


passers-by in conversation, stops or attempts to stop motor vehicles, or interferes
with the free passage of other persons.

PROCEDURE When a person is arrested for “Loitering for Purposes of Prostitution,” follow
normal arrest procedures and:

ARRESTING 1. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET


OFFICER (PD244-159).
a. Include in the “Narrative” section of the ON LINE BOOKING
SYSTEM ARREST WORKSHEET:
(1) Number of observed interactions
(2) Description of each interaction
(3) Total length of time observing interactions
(4) Whether observing officer lost sight of the defendant
between or during interactions
(5) Location of interactions
(6) Any overheard conversations
(7) If defendant’s interaction involves a vehicle, indicate
whether vehicle is private, commercial, or livery
(8) Any statements made by defendant
(9) Other necessary information.
2. Notify Borough Vice Module (or Detective Bureau Wheel, if unavailable)
if:
a. Defendant is less than 18 years of age or
b. Defendant states that he/she is being compelled to work as a
prostitute or
c. Defendant states that he/she has been transported across State
lines for the purpose of engaging in prostitution.
3. Draw up complaint detailing behavior and other actions of the defendant,
also include additional pertinent information, such as:
a. Conversation with various men or women, as appropriate
b. Repeatedly stopping or attempting to stop automobiles or leaning
into cars and engaging motorists in conversation
c. Time of observations
d. Conduct and clothing
e. Defendant's response to questioning.

ADDITIONAL Prior to making an arrest for “Loitering For Purposes of Prostitution,” members of the
DATA service MUST observe at least three separate interactions. None of these interactions
should be initiated by members of the service.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-45 06/11/18 2 of 2

ADDITIONAL Gender, gender identity, clothing, and location are not sufficient alone or together to
DATA establish probable cause.
(continued)
No more than five arrests for “Loitering For Purposes of Prostitution” are to be made
by the same uniformed member of the service at one time.

A COMPLAINT REPORT (PD313-152) is NOT prepared for a pick-up arrest for


“Loitering for Purposes of Prostitution” (Section 240.37, subdivision 2, Penal Law),
however, fingerprints MUST be taken.

A DESK APPEARANCE TICKET may be issued in lieu of detention, if eligible.


(Comply with P.G. 208-27, “Desk Appearance Ticket – General Procedure”).

RELATED Desk Appearance Ticket – General Procedure (P.G. 208-27)


PROCEDURES

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS COMPLAINT REPORT (PD313-152)
DESK APPEARANCE TICKET

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-46

GAMBLING
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To process an arrest for violation of the gambling laws.

PROCEDURE When processing a prisoner charged with violating the gambling laws, follow
appropriate arrest processing procedures and:

ARRESTING 1. Seal slot machine in accordance with P.G. 218-19, “Invoicing


OFFICER Vehicle/Property As Arrest/Investigatory Evidence Or For Forfeiture
Proceedings Or To Determine True Owner,” if seized in connection with
arrest.

DESK OFFICER 2. Review ON LINE BOOKING SYSTEM ARREST WORKSHEET for


accuracy and sign.
3. Verify identity and address if prisoner is not in possession of satisfactory
documentary proof.

ARRESTING 4. Submit copy of court complaint, corroborating affidavit (if any), copy of
OFFICER ON LINE BOOKING SYSTEM ARREST WORKSHEET and
PRISONER’S CRIMINAL RECORD (PD244-061) to immediate
supervisor.

SUPERVISOR 5. Review and compare reports submitted for completeness and accuracy.
CONCERNED 6. File court complaint and related forms in arresting officer’s command for
entry of final disposition by arresting officer.

RELATED Invoicing Vehicle/Property As Arrest/Investigatory Evidence Or For Forfeiture


PROCEDURE Proceedings Or To Determine True Owner (P.G. 218-19)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS PRISONER’S CRIMINAL RECORD (PD244-061)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-47

COUNTERFEITING/FORGING U.S. GOVERNMENT OBLIGATIONS


OR COUNTERFEITING/UNAUTHORIZED USE OF ACCESS DEVICES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To notify and cooperate with federal agencies concerned when arrests are made
for counterfeiting/forging U.S. government obligations or counterfeiting or
unauthorized use of access devices.

DEFINITION U.S. GOVERNMENT OBLIGATIONS - notes, bonds, checks, stamps, currency,


drafts of money drawn by or upon authorized officer of U.S. government.

ACCESS DEVICES - any card (e.g., credit card), plate, code, account number, or
other means of account access that can be used alone or in conjunction with
another access device, to obtain money, goods, services, or any other thing of
value, or that can be used to initiate a transfer of funds (other than a transfer
originated solely by paper instrument).

FRAUDS AND RELATED ACTIVITY RE: “ACCESS DEVICES” - the prisoner


knowingly and with intent to defraud:
a. Uses, produces counterfeit access device, OR
b. Uses unauthorized access device, during any one year period, and obtains
anything valued at $1,000 or more OR
c. Possesses fifteen or more counterfeit/unauthorized access devices, OR
d. Has control of or possesses equipment able to produce access devices.

PROCEDURE Upon arresting a person charged with one of the crimes listed above:

DESK OFFICER/ 1. Comply with appropriate arrest processing procedures.


COUNTERPART 2. Notify the Department of Treasury, U.S. Secret Service.
3. Permit U.S. Secret Service agent to interview prisoner.

ADDITIONAL If the only charge against a prisoner is violation of a federal law, he will be arraigned in
DATA Federal Court (Title 18, Chapter 25, U.S. Code OR Title 18, Section 1029, U.S. Code, as
appropriate).

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-48

VIOLATION OF POSTAL LAWS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To notify and cooperate with the United States Postal Inspection Service when
arrests are made for violations of Postal Laws.

DEFINITION POSTAL LAWS (TITLE 18, UNITED STATES CODE) - A listing of crimes
involving the Postal Service, including theft of mail, burglaries and robberies of
post offices, assaults on, or robberies of, postal employees while engaged in
official duties, destruction or unlawful taking/possessing of Postal Service
property, and any other violations involving Postal Service property.

PROCEDURE When a person is arrested for violation of Postal Laws, follow normal arrest
procedure, and:

DESK OFFICER 1. Advise Operations Unit as soon as possible for notification to Postal
Inspection Service Communication Center.
2. Permit prisoner to be interviewed by agent of Postal Inspection Service.
3. Give custody of prisoner to Postal Inspection Service for arraignment in Federal
Court when charged ONLY WITH VIOLATION OF POSTAL LAWS.
4. Enter “FOA” under “Assigned Arrest Number” on ON LINE
BOOKING SYSTEM ARREST WORKSHEET (PD244-159).

ADDITIONAL Threats of kidnapping, personal injury or property damage transmitted through the US
DATA Mail are investigated by the FBI.

Thefts of Treasury checks from the US Mail and counterfeiting of postage stamps are
investigated concurrently by the US Postal Inspection Service and the Secret Service.

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-49

CONTRABAND WEAPONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To notify Internal Revenue Service when contraband weapons are seized.

PROCEDURE When a person is arrested for possession of a contraband weapon, follow


appropriate arrest processing procedures and:

ARRESTING 1. Seize weapon.


OFFICER

NOTE See P.G. 207-17, “Contraband Weapons,” for a list of prohibited weapons under
Federal Gun Control Act.

DESK OFFICER 2. Notify Bureau of Alcohol, Tobacco and Firearms through Operations Unit.
3. Include information as to vehicle, vessel or aircraft, if involved, and hold
such property for federal authorities.

ARRESTING 4. Charge violation of Penal Law or Administrative Code instead of federal


OFFICER law, if possible.
5. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT
(PD521-168).
6. Bring weapon and REQUEST to Firearms Analysis Section.
7. Deliver weapon to Property Clerk with PROPERTY CLERK
INVOICE (PD521-141) after examination by Firearms Analysis Section.

RELATED Contraband Weapons (P.G. 207-17)


PROCEDURES Processing Firearms (P.G. 218-23)

FORMS AND PROPERTY CLERK INVOICE (PD521-141)


REPORTS REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-50

CERTIFICATE OF WARRANT (NON-SUPPORT)


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 1

PURPOSE To record an arrest on a non-support warrant.

PROCEDURE When a uniformed member of the service makes an arrest on a Certificate of


Warrant for non-support:

ARRESTING/ 1. Record on ON LINE BOOKING SYSTEM ARREST WORKSHEET


ASSIGNED (PD244-159) the member who executed the warrant as the arresting
OFFICER officer.
2. Enter:
a. Arrest number
b. “Family Court Warrant” under caption “Charges and Specific
Offense”.
c. Particulars of warrant under “Details.”
3. Notify Warrant Section.
4. Bring prisoner and warrant to the court that originally issued the warrant.
a. To designated arraignment court, at other times.

RELATED Arrest On A Warrant (P.G. 208-42)


PROCEDURE

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-51

FORFEITURE OF BAIL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To process a re-arrest in a bail forfeiture case.

PROCEDURE When notified that a prisoner has forfeited bail:

DESK OFFICER 1. Prepare ARREST REPORT - SUPPLEMENT (PD244-157) listing


pertinent information and the words “Bail Forfeited” in capital letters,
under “Details”.
2. Indicate under caption Duplicate Copies Required, “Property Clerk”, if
property is involved.
a. If evidence is required against another prisoner, enter facts under
“Details.”
3. Notify member or unit concerned.

IF PRISONER IS RE-ARRESTED FOR SAME CHARGE FOR WHICH BAIL


WAS FORFEITED

DESK OFFICER 4. Prepare one set of ARREST REPORT - SUPPLEMENT.


5. Telephone Property Clerk’s office to determine disposition of evidence.
6. List property not disposed of on ARREST REPORT - SUPPLEMENT.
a. Indicate name of member at Property Clerk’s office under
“Details”.
7. Notify arresting officer of re-arrest.

FORMS AND ARREST REPORT SUPPLEMENT (PD244-157)


REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-52

TRAFFIC VIOLATIONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To record arrests for violations of the Traffic Laws.

PROCEDURE Upon arresting a person for violation of traffic regulations, follow appropriate
arrest processing procedures and:

ARRESTING 1. Charge violation of Traffic Regulations if the offense is a violation of


OFFICER both the Traffic Regulations and the Vehicle Traffic Law.
2. Query NYSPIN through the FINEST system to determine if vehicle is
reported stolen and verify name and address of registered owner.

DESK OFFICER 3. Record additional charges and previous violations where applicable and
inform the arresting officer of additional charges for presentation to the
District Attorney.
4. Enter on ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-159), if arrested on traffic warrant:
a. “SW” under arrest number
b. “Warrant Part 5, 7 etc.” under caption “Charges and Specific Offense”
c. Particulars of warrant under “Details.”

NOTE COMPLAINT REPORT (PD313-152) is not prepared.

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-53

ARREST PROCESSING – AGGRAVATED UNLICENSED OPERATION


OF A MOTOR VEHICLE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/23/15 09/23/15 1 of 5

PURPOSE To process arrests for operating a vehicle with a suspended or revoked license.

PROCEDURE When a uniformed member of the service observes, or has reasonable cause to
believe that a person operating a vehicle has a suspended or revoked driver’s license:

UNIFORMED 1. Effect an arrest for violation of any degree of Aggravated Unlicensed


MEMBER OF Operation of a Motor Vehicle.
THE SERVICE a. Remove prisoner to police facility for processing.
2. Conduct license check (DALL) and name check via FINEST.
a. Retain printout and include in DAT or On Line arrest folders.
3. Comply with current Department procedures regarding issuance of a
DESK APPEARANCE TICKET (PD260-121) and steps 5, 6, 7, 8, and
9 below, if prisoner is charged with Aggravated Unlicensed Operation of
a Motor Vehicle (AUO) 3rd degree and is otherwise eligible.
4. Comply with all pertinent arrest processing procedures.

NOTE In all instances related to the arrest of a motorist for the misdemeanor charge(s) of
aggravated unlicensed operation of a motor vehicle, refer to P.G. 208-28, ‘Identification
Standards For Desk Appearance Tickets’, Department of Motor Vehicle Name Check, to
determine if a DESK APPEARANCE TICKET may be issued.

PERSONS CHARGED WITH V.T.L. 511 (1)(a) OR 511 (2)(a) MISDEMEANORS

5. Prepare the following court related forms, (in addition to ON LINE


BOOKING SYSTEM WORKSHEET (PD244-159) and other arrest
related paperwork):
a. SUPPORTING DEPOSITION-SUSPENDED/REVOKED LICENSE
(PD244-068) or SUPPORTING DEPOSITION - SUSPENDED/
REVOKED LICENSE-BRONX (PD244-068A) or appropriate
Supporting Deposition [i.e., “SUPPORTING DEPOSITION –
DRIVING UNLICENSED OR WITH A SUSPENDED PRIVILEGE
(EAP – VTL SECTIONS 509 & 511(1)(a) AND 511(2)(a)(iv) only)”
or “SUPPORTING DEPOSITION – DRIVING UNLICENSED OR
WITH A SUSPENDED PRIVILEGE (VTL SECTIONS 509 &
511)”] for Kings County
b. PRE-ARRAIGNMENT NOTIFICATION REPORT (PD244-153)
c. Arraignment Card (Misc. 4661)
d. Police Officer’s Court Availability Schedule (Misc. 470a)
e. Prisoner Movement Slip (Misc. 2011-A 8/84)
f. DMV Certificate Concerning Violation of Law Relating to
Vehicles (A-246), for the VTL Misdemeanor and Felony
g. “ADA” copy of PROPERTY CLERK INVOICE (PD521-141),
if prepared

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-53 09/23/15 2 of 5

UNIFORMED h. FACT SHEET - VTL SECTIONS 509 AND 511 DRIVING


MEMBER OF UNLICENSED OR WITH A SUSPENDED PRIVILEGE, Kings
THE SERVICE County only.
(continued) 6. Record the following vehicle information in the “Narrative” section of the
ON-LINE BOOKING SYSTEM ARREST WORKSHEET:
a. The make, model, year and color of the vehicle operated by the
defendant.
b. The license plate number of the vehicle operated by the defendant
and the state the vehicle is registered in. If the vehicle does not
have a metal plate the temporary or alternate plate will be
recorded.

NOTE The above information will be recorded in the “Narrative” section of the ON-LINE
BOOKING SYSTEM ARREST WORKSHEET even if the defendant was not the owner
of the vehicle being operated at the time of arrest. The name and address (apartment
number, if applicable) of the registered owner of the vehicle will be recorded in addition
to the above.

7. Prepare Criminal Court Summons for violation of VTL 511(1)(a) or VTL


511(2)(a) in Richmond County only.
a. Clearly and concisely articulate the justification for the vehicle
stop and violations observed on the rear portion of the white
summons copy.
b. List the VTL 511 misdemeanor violation in the “Charges
Information” caption of the ON LINE BOOKING SYSTEM
ARREST WORKSHEET (OLBS).
c. List any additional VTL violations (i.e. Disobey A Traffic Control
Device) observed during the original vehicle stop as separate
charges on the OLBS.
d. Do not enter RETURN DATE on summons(es).
e. Attach ORIGINAL copy of the summons to the SUPPORTING
DEPOSITION.

NOTE Step “7” above regarding the issuing of a summons is specific and applicable only to
Patrol Borough Staten Island. The Richmond County District Attorney has mandated
that a summons be issued and included as an ADDITIONAL part of the arrest package
and arraignment process. The remaining Patrol Boroughs (i.e., Manhattan South,
Manhattan North, Bronx, Brooklyn South, Brooklyn North, Queens South and Queens
North) are EXEMPT from this requirement. In these Patrol Boroughs, for the purposes
of this procedure only, all VTL violations will be listed as separate charges on the ON-
LINE BOOKING SYSTEM ARREST WORKSHEET; summonses will not be written.

8. Fingerprint prisoner utilizing “Livescan.”

NOTE Persons charged with 511(3)(a) E Felony shall be processed in accordance with step “5” (“b”
through “h”) and step “9” below. A Criminal Court Summons will not be prepared in felony cases.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-53 09/23/15 3 of 5

UNIFORMED 9. Confiscate driver’s license and comply with P.G. 209-26, “Suspended Or
MEMBER OF Revoked Vehicle Operator’s License.”
THE SERVICE
(continued)

NOTE Disregard subdivision “a” of step 3 and the “NOTE” following subdivision “3a” in P.G.
209-26, “Suspended Or Revoked Vehicle Operator’s License”.

During the original vehicle stop if a summons was prepared prior to obtaining the
results of a name check, for any VTL violation other than Aggravated Unlicensed
Operation of a Motor Vehicle, the summons must be voided. P.G. 209-18, ‘Summons
Served Or Prepared In Error’ will be followed. A photocopy of the summons(es)
prepared will be included as part of the arrest paperwork package that is forwarded to
the district attorney. The VTL violations will be listed as separate charges on the OLBS.

10. Inform desk officer when arrest processing is complete.

DESK OFFICER 11. Review the ON-LINE BOOKING SYSTEM ARREST


WORKSHEET to ensure completeness and verify that information
regarding the vehicle operated by the defendant is recorded for all
Aggravated Unlicensed Operation of a Motor Vehicle arrests.
12. Review all forms for completeness and accuracy.
13. Ensure that all applicable categories on SUPPORTING DEPOSITION
are checked off.
a. Have arresting officer sign and date.
14. Have prisoner (not eligible for a DAT) and related court papers delivered
to borough Court Section and comply with “Citywide Expedited Arrest
Processing.”

BOROUGH 15. Examine court papers for completeness and accuracy.


COURT 16. Make necessary entries on court papers and process as an “on line” arrest.
SUPERVISOR

ADDITIONAL Section 511-b, “Seizure And Redemption Of Unlawfully Operated Vehicles” requires
DATA that, upon making an arrest for Aggravated Unlicensed Operation Of A Motor Vehicle,
1st or 2nd Degree committed in his/her presence, a uniformed member of the service shall
remove or arrange for the removal of the vehicle to the Property Clerk, if:
a. The operator is the registered owner of the vehicle, OR
b. The vehicle is not properly registered, OR
c. Proof of financial security (insurance card) is not produced, OR
d. Where a person, other than the operator, is the registered owner and such
person or another, properly licensed and authorized to possess and operate the
vehicle, is not present.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-53 09/23/15 4 of 5

ADDITIONAL The impounded vehicle must be entered into NYSPIN as an impounded vehicle (see P.G.
DATA 212-48, “Motor Vehicles Repossessed/Parking Violations Scofflaw Removal Program”
(continued) [Additional Data]). The impounded vehicle will remain at the precinct stationhouse for
forty-eight hours. If no one appears to redeem the vehicle, the vehicle will be delivered to
the Property Clerk for storage. Additionally, the registered owner must promptly be
notified, utilizing form AGGRAVATED UNLICENSED OPERATION OF A MOTOR
VEHICLE (PD171-121), that the vehicle has been impounded. Vehicles seized pursuant to
this section shall not be released unless:

a. The person redeeming the vehicle has furnished satisfactory evidence of


registration and financial security.
b. Reasonable removal and storage costs have been paid. (See P.G. 218-44,
“Removal And Storage Charges”).

Removal and storage charges shall not be required of the registered owner if the
impounded vehicle was stolen or was rented or leased pursuant to a written agreement
for a period of thirty days or less.

c. Where the vehicle was operated by a person who, at the time of the offense, was
the owner, the following is required:

(1) Satisfactory evidence that the registered owner or other person seeking
to redeem the vehicle has a license or privilege to operate a motor
vehicle in New York, AND
(2) Satisfactory evidence that criminal charges have been terminated and
that any fine imposed as a result of a conviction has been paid, OR
(3) A certificate issued by the court in which the criminal action was
commenced ordering release of the vehicle prior to judgment or in
compliance of the interest of justice, OR
(4) A certificate issued by the District Attorney, or other officer authorized to
prosecute such charge, waiving the requirement that the vehicle be held.

In all Aggravated Unlicensed Operation of a Motor Vehicle 1st Degree arrests, the vehicle shall
be seized and removed to a Property Clerk facility. As such, these vehicles will not remain at
precinct stationhouse for forty-eight hours. The arresting officer shall process said vehicle in
accordance with P.G. 208-26, “Forfeiture Proceedings For Seized Property.” The Property
Clerk shall contact the Legal Bureau to ascertain if a statutory forfeiture proceeding will be
commenced. Persons making a demand for the return of a vehicle seized pursuant to this
procedure must provide the same documenting evidence as required for release of a vehicle
pursuant to Section 511-b of the VTL above, except that a District Attorney’s release is required
in all seizures made pursuant to Section 511-c of the VTL regardless of who was operating the
vehicle at the time of the offense. In the event said requirements are met and the Legal Bureau
indicates that a statutory forfeiture proceeding will not be commenced, the vehicle may be
released from the Property Clerk facility.

RELATED Suspended Or Revoked Vehicle Operator’s License (P.G. 209-26)


PROCEDURES Forfeiture Proceedings For Seized Property (P.G. 208-26)
Safeguarding Vehicles In Police Custody (P.G. 218-12)
Removal And Storage Charges (P.G. 218-44)
Motor Vehicles Repossessed/Parking Violations Scofflaw Removal Program (P.G. 212-48)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-53 09/23/15 5 of 5

FORMS AND DESK APPEARANCE TICKET (PD260-121)


REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
SUPPORTING DEPOSITION-SUSPENDED/REVOKED LICENSE (PD244-068)
SUPPORTING DEPOSITION-SUSPENDED/REVOKED LICENSE-BRONX
(PD244-068A)
PRE-ARRAIGNMENT NOTIFICATION REPORT (PD244-153)
PROPERTY CLERK INVOICE (PD521-141)
AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE (PD171-121)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-54

ARREST SCREENING GUIDELINES FOR CASES INVOLVING


FORGED OR ALTERED MOTOR VEHICLE DOCUMENTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 5

PURPOSE To establish arrest screening guidelines for cases involving forged or altered motor
vehicle documents.

PROCEDURE When effecting an arrest for possession of forged or altered motor vehicle
documents:

UNIFORMED 1. Charge the defendant as follows:


MEMBER OF a. POSSESSION OF A FORGED/ALTERED OPERATOR’S LICENSE
THE SERVICE (1) Criminal Possession of a Forged Instrument, 2nd Degree
(felony), should be charged only when:
(a) The operator possesses more than one false license;
OR
(b) The false license was used for a purpose other than
driving (e.g., to pass a bad check, etc.);
OR
(c) The operator possesses the false license(s) under
circumstances showing an intent to sell the
license(s); OR
(d) The operator possesses a false license and one or
more other false forms of identification.

NOTE For suspended or revoked vehicle operator’s license, comply with P.G. 209-26,
“Suspended or Revoked Vehicle Operator’s License.”

(2) If a person who is operating a vehicle offers someone else’s


license as proof of identity, charge Vehicle and Traffic Law,
Section 509(1), Driving Without a License; and Vehicle and
Traffic Law, Section 509(6), Driving While Using Another’s
License. These offenses are traffic infractions for which “B”
summonses should be issued. MAKE THE TWO
SUMMONSES RETURNABLE TO THE TRAFFIC
VIOLATIONS BUREAU (TVB).
(3) If the driver offers as proof of identity a license issued to
him/her but which has been altered, (e.g., expiration date
changed, etc.) charge Vehicle and Traffic Law, Sections
392 and 509(1). Vehicle and Traffic Law, Section 392, is a
misdemeanor for which a “C” summons should be issued.
Vehicle and Traffic Law, Section 509(1) is a traffic
infraction for which a “C” summons should be issued.
BOTH SUMMONSES SHOULD BE MADE RETURN-
ABLE TO THE LOCAL CRIMINAL COURT.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-54 08/01/13 2 of 5

UNIFORMED (4) If the arrested motorist or individual presents or possesses a


MEMBER OF New York State Driver’s License or Identification Card
THE SERVICE which, when run through a computer check, comes back
(continued) ‘Fraud Document’, the uniformed member of the service
(UMOS) concerned will contact the DMV’s Internal Affairs
Office (DMV-IA) for further information. The arrested
motorist or individual may be charged with Criminal
Possession of a Forged Instrument 2nd Degree (Penal Law
170.25 pursuant to 170.10 [3]: Class ‘D’ Felony).
(5) If the arrested motorist or individual was operating a motor
vehicle at the time the License or Identification Card was
presented, also charge violation of Vehicle and Traffic Law
Section 392: Unclassified Misdemeanor. This provision
makes it a crime to operate a motor vehicle upon the public
highway while displaying or using any document that he or
she knows has been obtained by making a false statement in an
application for, or making a material alteration on any
document issued by the Commissioner of Motor Vehicles,
or unlawfully using a validating device on such a document.
(6) If it is determined that the arrested motorist or individual
gave or offered to give a DMV employee, or “middleman”,
money or another benefit, for the purposes of obtaining the
License or Identification Card the following additional
charges may be appropriate: Bribery 3rd Degree (Penal Law
200.00): Class “D” Felony, and Sale or Purchase of a
Stolen, False or Fraudulent License, Identification Card,
Certificate of Registration, or Number Plate (Vehicle and
Traffic Law 392-a). (see ADDITIONAL DATA statement).
(7) If it is determined that the arrested motorist or individual
completed and filed a License or Identification Card
application with the DMV, and the DMV office (where the
application was filed) is located in the same county there the
arrest was made, the following additional charge may be
appropriate: Offering a False Instrument for Filing 1st
Degree (Penal Law 175.35): Class “E” Felony.” (see
ADDITIONAL DATA statement).
b. POSSESSION OF A FORGED/ALTERED REGISTRATION
(1) A suspect who presents a registration card with a forged or
altered registration (e.g., address known to be false, etc.)
should be issued summonses for Vehicle and Traffic Law,
Sections 392 and 401(a), Unregistered Vehicle. Vehicle and
Traffic Law, Section 392, is a misdemeanor for which a “C”
summons should be issued. Vehicle and Traffic Law, Section
401(a), is a traffic infraction for which a “C” summons should
be issued. BOTH SUMMONSES SHOULD BE MADE
RETURNABLE TO THE LOCAL CRIMINAL COURT.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-54 08/01/13 3 of 5

UNIFORMED c. POSSESSION OF FORGED/ALTERED INSPECTION STICKER


MEMBER OF (1) A person operating a vehicle with a forged or altered
THE SERVICE inspection sticker should be charged with Vehicle and
(continued) Traffic Law, Section 306(e), an unclassified misdemeanor.
A “C” summons should be issued and made returnable to
the local criminal court.
d. POSSESSION OF A FORGED/ALTERED INSURANCE CARD
(1) An operator who produces an insurance card indicating that
insurance is in effect when such coverage does not exist is
to be charged with Vehicle and Traffic Law, Section 319(2),
an unclassified misdemeanor. A “C” summons should be
issued and made returnable to the local criminal court.
e. POSSESSION OF A FORGED/ALTERED NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN-TRANSIT
VEHICLE PERMIT NUMBER PLATE
(1) An operator who drives with a forged or altered In-Transit
Permit should be charged with Vehicle and Traffic Law,
Sections 392 and 402(1). Vehicle and Traffic Law, Section
392, is a misdemeanor for which a “C” summons should be
issued. Vehicle and Traffic Law, Section 402(1), is a traffic
infraction for which a “C” summons should be issued.
BOTH SUMMONSES SHOULD BE MADE
RETURNABLE TO THE LOCAL CRIMINAL COURT.

NOTE In all instances in which a fraudulent or altered motor vehicle bureau document, such as a
license or registration, is evidence of an offense, it should be invoiced as evidence
pursuant to Department procedures. Under no circumstances will such a document be
returned to the arrested motorist or individual. Summonses should not be issued for the
above offenses to defendants who are not properly identified or who otherwise fail to
qualify. Members of the service shall ensure that when issuing multiple summonses to an
individual for offenses occurring during a single incident and one of the summonses is
returnable to Criminal Court, then all summonses shall be issued as part “C,” and be
made returnable to Criminal Court.

DESK OFFICER 2. Verify the completeness and accuracy of all charges prior to releasing
defendant.
3. Instruct member to conduct:
a. INVESTIGATION CARD (PD373-163) check
b. Warrant check (local/state/federal).

NOTE Unless there are exceptional circumstances, the checks are to be accomplished within one
hour from the time the suspect enters the stationhouse.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-54 08/01/13 4 of 5

DESK OFFICER 4. Immediately release violator once the violator’s identity is verified and
(continued) summonses have been served.
5. Make a Command Log entry when a violator has been taken to the stationhouse
for identification, is served summons(es) and immediately released.
a. Entry will include the following:
(1) Name, address and physical description of violator
(2) Location, time of incident and reason for removal to stationhouse
(3) Name, rank and shield number of member who brought
violator to command
(4) Offense(s) charged and serial number(s) of summons(es) served
(5) Time violator entered and departed command.

NOTE It is not necessary to institute Desk Appearance Ticket or Voided Arrest procedures for an
offense for which summons(es) is/are served pursuant to this procedure.

ADDITIONAL To determine whether the charges listed in step 1, subdivisions (6) and (7) should be
DATA considered, a uniformed member of the service should contact the Department of Motor
Vehicles Internal Affairs Office (DMV-IA) between 0830 and 1630 hours, Monday through
Friday. Personnel assigned to DMV-IA may be able to provide information as to how the
arrested motorist or individual obtained the fraudulent Driver License or Identification
Card. They may also have knowledge indicating to whom at DMV the person in custody
may have bribed for the purpose of obtaining the fraudulent documents. Additionally,
efforts should be made to interrogate the person in custody, after Miranda warnings are
given, to independently obtain this information. This information, if available, should be
conveyed to the Assistant District Attorney prosecuting the arrest.
When a uniformed member of the service encounters a motorist in possession of a fraud
document during hours when the DMV-IA is closed, the motorist should be charged with
Criminal Possession of a Forged Instrument 2nd Degree (Penal Law 170.25 pursuant to
170.10[3]: Class ‘D’ Felony). Probable cause for the arrest will be based upon the
“Fraud Document” designation obtained from the computer check of the DMV
database. Related charges listed in step 1, subdivisions (6) and (7), should NOT be
made against the motorist in instances when DMV-IA cannot be contacted immediately.
For example, it would be difficult to charge a defendant with Bribery or Offering a False
Instrument for Filing, without first communicating with a DMV-IA employee who could
articulate the circumstances which resulted in the “Fraud Document” designation.
Additional charges, where appropriate, may be made after consulting with a DMV-IA
representative.

Uniformed members of the service should be guided by the following indicators when
conducting license/name checks of motor vehicle operators:

a. When conducting license/name checks always run a group search of the last
name, first name, and sex without the date of birth or any middle initial
(common names such as Smith, Garcia, etc. may prohibit such a search due to
the large number of responses generated).
b. Examine DMV files containing the same name/address with different dates of
birth.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-54 08/01/13 5 of 5

ADDITIONAL c. Examine motor vehicle operator’s documents to determine if identification with other
DATA names, addresses, or dates of birth are possessed. Invoice any items found suggesting
(continued) additional driving records/identifications.
d. Be alert to out-of-state licenses which may have been issued under lax
identification standards
e. Review a suspect’s criminal history in Department databases such as C.A.R.S.
and B.A.D.S. to ascertain additional aliases, addresses, or dates of birth.
f. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-
160) form, if applicable. Attach all pertinent supporting data and submit to desk officer
for review, before distributing as per instructions on form.

When attempting to ascertain a prisoner’s identity, the uniformed member of the service
concerned should inform the prisoner that knowingly misrepresenting his or her actual
name, date of birth, or address, to a police officer, with intent to prevent a police officer
from ascertaining such information, is punishable as a crime. Prisoners who knowingly
misrepresent their pedigree information should be charged under Penal Law 190.23
(False Personation, B Misd.).

RELATED Computerized Investigation Card System (P.G. 208-23)


PROCEDURES Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Suspended or Revoked Vehicle Operator’s License (P.G. 209-26)
Invoicing Property - General Procedure (P.G. 218-01)

FORMS AND INVESTIGATION CARD (PD373-163)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-55

VEHICLE OF FOREIGN REGISTRY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To notify the US Customs Service when a vehicle of foreign registration is


seized.

PROCEDURE Upon seizing a vehicle of foreign registration which was used, or may have been
used in the commission of a crime, in addition to other required action:

DESK OFFICER/ 1. Notify Assistant Supervisory Agent of the US Customs Service of facts
COUNTERPART including identification and location of vehicle.
2. Send vehicle to Property Clerk with accompanying PROPERTY
CLERK INVOICE (PD521-141).
a. Include notation on invoice that the US Customs Service was
notified.

PROPERTY 3. Notify the Assistant Supervisory Agent of the US Customs Service before
CLERK disposing of vehicle.

FORMS AND PROPERTY CLERK INVOICE (PD521-141)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-56

FOREIGN NATIONALS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/13/19 06/13/19 1 of 3

PURPOSE To comply with United States law and international treaties concerning arrests or
detention of foreign nationals.

DEFINITIONS FOREIGN NATIONAL - Any person who is not a citizen of the United States,
regardless of immigration status or length of residency.

COUNTRIES WHOSE EMBASSIES OR CONSULATES MUST BE


NOTIFIED BY INTELLIGENCE BUREAU WHEN ONE OF THEIR
CITIZENS/NATIONALS IS ARRESTED:

Albania Cyprus Kyrgyzstan Sierra Leone


Algeria Czech - Republic Malaysia Singapore
Anguilla Dominica (Note: this Malta Slovakia
Antigua country is NOT the Mauritius Tajikistan
Armenia Dominican Rep.) Moldova Tanzania
Azerbaijan Fiji Mongolia Tonga
Bahamas Gambia Montserrat Trinidad &
Barbados Gibraltar Northern Ireland Tobago
Barbuda Georgia Nigeria Tunisia
Belarus Ghana Philippines Turkmenistan
Belize Grenada Poland Turks and Caicos
Bermuda Guyana Romania Tuvalu
British Virgin Isl. Hong Kong Russia Ukraine
Brunei Hungary St. Kitts & Nevis United -
Bulgaria Jamaica St. Lucia Kingdom
Cayman Islands Kazakhstan St. Vincent & Uzbekistan
China Kiribati Grenadines Zambia
Costa Rica Kuwait Seychelles Zimbabwe

PROCEDURE When a person arrested is a foreign national, comply with appropriate arrest
processing procedures and:

ARRESTING 1. Determine by documentation or inquiry if arrestee is a foreign national.


OFFICER 2. Enter all of the following information in the “Narrative” portion of the ON
LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159):
a. Country of nationality
b. Port or place of entry and status upon entry to the United States
(e.g., resident, visitor, student, etc.)
c. Method of entry (airplane, auto, boat, etc.)
d. Date entered the United States, or
e. Enter “Suspected Foreign National” under “Narrative” if doubt
exists as to the status of the prisoner.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-56 06/13/19 2 of 3

ARRESTING 3. Determine from the above list if prisoner’s embassy or consulate must be
OFFICER notified through Intelligence Bureau.
(continued) 4. Notify desk officer that arrestee is a foreign national.

WHEN NOTIFICATION MUST BE MADE (PRISONER IS FROM A


COUNTRY LISTED ABOVE):

DESK OFFICER 5. Direct arresting officer to contact the Intelligence Bureau Operations
Unit (24 hours) when a foreign national from the list of mandatory
notification countries is arrested and:
a. The arrest is processed as a DESK APPEARANCE TICKET
or,
b. The arrest is processed online or,
c. Whether or not the arrestee wants his/her embassy or consulate notified.

ARRESTING 6. Contact the Intelligence Bureau Operations Unit (24 hours) and provide
OFFICER member with the following information:
a. Prisoner’s name and address
b. Date of arrest
c. County of arrest
d. Top charge(s)
e. Exact location where prisoner is being detained
f. Telephone numbers of both the command of arrest and the
borough Court Section
g. Country of nationality
h. Port or place of entry and status upon entry to the United States
(e.g., resident, visitor, student, etc.)
i. Method of entry (airplane, auto, boat, etc.)
j. Date entered the United States.
7. Obtain from the Intelligence Bureau Operations Unit the following:
a. The name of the member contacted
b. A log number.
8. Enter this information in the “Narrative” portion of the ON LINE
BOOKING SYSTEM ARREST WORKSHEET.

DESK OFFICER/ 9. Ensure notification to Intelligence Bureau Operations Unit was made by
SUPERVISORY arresting officer.
OFFICER

INTELLIGENCE 10. Notify the embassy or consulate concerned.


BUREAU 11. Contact the Commanding Officer, Public Security Section in unusual
OPERATIONS circumstances.
UNIT

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-56 06/13/19 3 of 3

WHEN NOTIFICATION IS NOT MANDATED (PRISONER IS NOT FROM


A COUNTRY LISTED ABOVE):

ARRESTING 12. Inform prisoner of right to have embassy or consulate notified.


OFFICER 13. Follow steps 6, 7, and 8 if prisoner requests that embassy or consulate be
notified.
a. Should the prisoner elect not to have the embassy or consulate
notified enter this information in the “Narrative” portion of the
ON LINE BOOKING SYSTEM ARREST WORKSHEET.

DESK OFFICER/ 14. Ensure that arresting officer has contacted Intelligence Bureau
BOROUGH Operations Unit when notification to the prisoner’s embassy or consulate
COURT is required or in other cases when an arrested foreign national has so
SECTION requested.
SUPERVISOR

RELATED City Policy Concerning Identifying Information and Access to City Services (P.G. 212-66)
PROCEDURES Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS DESK APPEARANCE TICKET

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-57

HOLDERS OF LICENSES ISSUED BY NEW YORK CITY


DEPARTMENT OF CONSUMER AFFAIRS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To notify New York City Department of Consumer Affairs when a licensee is
arrested.

PROCEDURE When a person arrested is the holder of a license issued by the New York City
Department of Consumer Affairs, follow normal arrest procedure and:

ARRESTING 1. Enter license information and number in boxes provided on the ON


OFFICER LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159).

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-58

TAXICAB AND TOWING TRUCK OWNERS/OPERATORS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To report the arrest of taxicab and towing truck owners and operators to licensing
agencies.

PROCEDURE Upon arresting a taxicab/tow truck operator or owner, follow normal arrest
procedure and:

ARRESTING 1. Prepare REPORT OF VIOLATION (PD672-151).


OFFICER 2. Take credentials of taxicab operator, taxicab owner or towing truck
operator ONLY WHEN they have been used as an instrument in, or are
evidence of, the offense charged.

NOTE Do not take credentials of towing car owner.

3. Prepare and deliver RECEIPT FOR CREDENTIALS (PD616-011) to


prisoner, if applicable.
4. Prepare PROPERTY CLERK INVOICE (PD521-141) when
credentials are confiscated.
5. Note under “Narrative” on ON-LINE BOOKING SYSTEM ARREST
WORKSHEET (PD244-159) that the REPORT OF VIOLATION was
prepared, and if applicable, the taking of credentials.

DESK OFFICER 6. Forward REPORT OF VIOLATION as directed on form.

RELATED Seizure Of Unlicensed Tow Trucks (P.G. 209-29)


PROCEDURE

FORMS AND ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS PROPERTY CLERK INVOICE (PD521-141)
REPORT OF VIOLATION (PD672-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-59

FELONY ARRESTS OF PAROLEES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/29/17 03/29/17 1 of 2

PURPOSE To notify the New York State Department of Corrections and Community
Supervision (DOCCS) of the arrest of a parole absconder or a parolee who has
been the subject of a new felony arrest.

PROCEDURE When a uniformed member of the service effects the arrest of a person and the
charge is a felony:

UNIFORMED 1. Remove prisoner to precinct of arrest and comply with appropriate arrest
MEMBER OF processing procedures.
THE SERVICE

DESK OFFICER 2. Immediately notify precinct detective squad if charge is a felony.

MEMBER 3. Conduct name check of person arrested against the “Target List of
CONCERNED, Recidivists” and the New York State Department of Corrections and
P.D.S. Community Supervision (DOCCS) Parole File.
4. Make additional copies of the COMPLAINT REPORT (PD313-152)
and ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-159) and forward them to the New York State Department of
Corrections and Community Supervision (DOCCS) via the Warrant
Section.

ADDITIONAL If a uniformed member of the service conducting an investigation has a parole


DATA absconder in custody SOLELY on the authority of a parole warrant, the arrest will be
processed as “FOA.” The uniformed member of the service will notify the Warrant
Section, Telephone Inquiry Unit immediately for the purpose of obtaining a copy of the
parole warrant to lodge the parole violator in the appropriate Department of Correction
facility. In addition, an immediate notification must also be made to the New York State
Department of Corrections and Community Supervision (DOCCS), Operations Center.

The notification to the New York State Department of Corrections and Community
Supervision (DOCCS) is necessary to provide a copy of the parole warrant to arresting
officers in cases where the Warrant Section has not yet received a copy of this document,
and also to ensure that parole violators are served with a copy of the charges upon
which the warrant is based, as well as the dates on which the probable cause and
revocation hearings are to be scheduled. PRISONERS IN THESE CASES WILL BE
LODGED AT THE APPROPRIATE DEPARTMENT OF CORRECTION FACILITY
AND ARE NOT TO BE TRANSPORTED TO BOROUGH COURT SECTION
FACILITIES. When preparing the ON LINE BOOKING SYSTEM ARREST
WORKSHEET (PD244-159), indicate in the “Narrative Section” the time, date and
names of persons notified at the Warrant Section and at the New York State Department
of Corrections and Community Supervision (DOCCS), Operations Center.

Parole officers doing absconder work are authorized to sign for Department radios at
precincts, subject to their availability.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-59 03/29/17 2 of 2

ADDITIONAL KEY ELEMENTS OF THE PAROLE VIOLATOR PROGRAM:


DATA
(continued) Absconder Apprehension Task Force
The “Absconder Apprehension Task Force” will focus on the apprehension of
dangerous parole absconders.

Arrested Parolee Enhanced Notification System


Each month, the New York State Department of Corrections and Community Supervision
(DOCCS) will provide the New York City Police Department with a computer tape
consisting of all active, delinquent, and absconder cases currently under the jurisdiction
of the New York State Department of Corrections and Community Supervision
(DOCCS).

The New York State Department of Corrections and Community Supervision (DOCCS)
will also provide copies of all absconder warrants with appropriate physical
descriptions to the New York City Police Department Warrant Section to facilitate
lodging and execution of those warrants.

Parole/New York City Police Department Information Exchange


The “Parole/New York City Police Department Information Exchange” will facilitate
cooperation between this Department and the New York State Department of
Corrections and Community Supervision (DOCCS).

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-60

DELIVERY OF FELONY WARRANT DEFENDANTS BY MEMBERS OF


NEW YORK STATE POLICE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/01/14 07/01/14 1 of 2

PURPOSE To accept custody from the New York State Police of persons arrested based on a felony
warrant during hours when Warrant Section personnel are not available and to arrange
lodging for said prisoners pending their return to the appropriate New York City Court.

NOTE Warrant Section investigators are available to process such arrests as follows:
♦ Monday to Friday 0630 x 2300
♦ Saturday and Sunday 0630 x 1800

PROCEDURE When members of the New York State Police return a defendant who has been
arrested based on a felony warrant issued by a New York City Court to the
custody of this Department:

DESK OFFICER 1. Accept custody of prisoner and request a copy of the warrant or NYSPIN
50th PRECINCT message from New York State Police Officer.
2. Verify validation of warrant through Central Warrant Unit, if necessary.
3. Prepare Prisoner Movement Slip, take one photograph of defendant and
attach to Prisoner Movement Slip.
a. Deliver Prisoner Movement Slip, with photo attached, to
Warrant Section personnel.
4. Notify borough Court Section concerned and follow instructions received
regarding lodging of prisoner.
a. Comply with provisions of P.G. 210-01, “Prisoners General
Procedure,” where appropriate.
5. Make Command Log entry of facts including delivering officer’s name
and command, prisoner’s name, condition, OCA# of warrant and court
part which issued warrant.
a. Include all notifications made.

BOROUGH 6. Designate appropriate location for lodging of prisoner.


COURT SECT.
CONCERNED

NOTE If possible, prisoner should be lodged in 50th Precinct.

7. Notify Bronx Warrant Squad (Monday to Friday) or Central Warrant Unit


(Saturday and Sunday), at 0630 hours to respond and take custody of
prisoner.

WARRANT 8. Respond to lodging facility and take custody of prisoner.


SECTION 9. Prepare ARREST REPORT SUPPLEMENT (PD244-157).
INVESTIGATOR 10. Deliver prisoner, ARREST REPORT SUPPLEMENT, and Prisoner
Movement Slip to appropriate court for processing.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-60 07/01/14 2 of 2

RELATED Arrest on a Warrant (P.G. 208-42)


PROCEDURES Prisoners General Procedure (P.G. 210-01)

FORMS AND ARREST REPORT SUPPLEMENT (PD244-157)


REPORTS Prisoner Movement Slip

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-61

MATERIAL WITNESS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To maintain records of, and safeguard persons detained as material witnesses.

PROCEDURE When a person is brought to a stationhouse for detention as a material witness:

DESK OFFICER/ 1. Enter “Material Witness” on ON LINE BOOKING SYSTEM ARREST


COUNTERPART WORKSHEET (PD244-159) in block captioned “Charges and Specific
Offense.”
2. Enter “FOA” under arrest number.
3. Indicate particulars of Detention Order under “Details.”

NOTE When assigned to guard a material witness, follow instructions of assistant district
attorney and detective squad commander.

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-62

TRANSIENT PRISONER
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To record the detention of transient prisoners.

DEFINITION TRANSIENT PRISONER - A prisoner passing through New York City in the
custody of a properly identified police officer of another jurisdiction.

PROCEDURE When a police officer of another jurisdiction requests detention of a prisoner in


his custody:

DESK OFFICER/ 1. Request written evidence that the prisoner is being transported to
COUNTERPART demanding state by executive authority or waiver.
2. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-159).
3. Enter letter “D” in arrest number block (NO arrest number assigned).
4. Enter “TRANSIENT PRISONER” under caption “CHARGES AND
SPECIFIC OFFENSE.”
5. Process ON LINE BOOKING SYSTEM ARREST WORKSHEET in
usual manner and give white copy to escorting officer.

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-65

FELONY AUGMENTATION PROGRAM


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 2

PURPOSE To establish legally sound cases with the cooperation of the District Attorney,
which will result in significant prison terms for career criminals.

PROCEDURE When a uniformed member of the service effects a felony arrest, except those
involving controlled substances, marihuana, or gambling:

ARRESTING 1. Comply with the pertinent arrest procedures.


OFFICER 2. Escort prisoner to stationhouse, precinct of arrest.

DESK OFFICER 3. After verifying that the arrest is valid, immediately notify the Precinct Detective
Squad of the arrest and comply with existing arrest processing procedures.

ASSIGNED 4. Query the Computer Assisted Robbery System (CARS) to ascertain whether
DETECTIVE the prisoner is a career criminal or a New York State parolee and inform desk
officer of results of query (see P.G. 208-59, “Felony Arrests Of Parolees”).
5. Determine from prisoner’s criminal history and facts of present case
whether arrest should be augmented.
6. Inform desk officer of decision whether or not case will be augmented
and advise as to any additional steps to be taken by the arresting officer if
the case is to be augmented.

WHEN A YOUTH FOURTEEN TO EIGHTEEN YEARS OF AGE IS ARRESTED


BY A UNIFORMED MEMBER OF THE SERVICE FOR ROBBERY 1ST
DEGREE, ROBBERY 2ND DEGREE OR A SERIOUS VIOLENT FELONY:

ASSIGNED 7. Review circumstances of the arrest.


DETECTIVE 8. Conduct an inquiry into the prisoner’s background including his juvenile
contacts with the police.
a. If the prisoner’s background indicates that he has two or more felony
arrests, the investigator will determine if the case should be augmented.

DESK OFFICER 9. Contact the Identification Section - Youth Records Unit to obtain information
on prior police record of juvenile in order to make certain that no youth
arrested for a felony is released while awaiting trial on a violent felony.
a. No violent youth will be released to a parent/guardian while
awaiting trial on another violent offense.
10. Conduct warrant/juvenile recidivist/INVESTIGATION CARD (PD373-
163) check in accordance with P.G. 208-22, “Performing Local, State and
Federal Warrant Checks.”
a. Comply with P.G. 208-23, “Computerized Investigation Card
System,” if an INVESTIGATION CARD has been discovered.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-65 03/18/19 2 of 2

NOTE The major consideration as to whether the case will be augmented will be the nature of
the present crime with which the youth is involved, in addition to a reasonable prospect
of prosecution by the District Attorney’s Office. All precinct based investigative units
(e.g., RAM Unit, precinct detective squad, etc.) will enhance any case being made
against a violent youth.

RELATED Performing Local, State and Federal Warrant Checks (P.G. 208-22)
PROCEDURES Computerized Investigation Card System (P.G. 208-23)
Felony Arrests of Parolees (P.G. 208-59)

FORMS AND INVESTIGATION CARD (PD373-163)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-66

FELONY CASE DEVELOPMENT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4

PURPOSE To enhance the prosecution of designated felony arrests, to provide arrest


intelligence to precinct detective squads and to train patrol personnel in case
development procedures.

SCOPE The Felony Case Development Program has three main objectives:
a. Eliminate the gap between arrest and prosecution of certain designated
felonies by providing for an immediate follow-up investigation by the
appropriate investigative unit.
b. Provide intelligence to precinct detective squads regarding who is being
arrested within the confines of the precinct for serious felonies.
c. Have experienced investigators train patrol personnel in case development.

DEFINITION DESIGNATED FELONY ARRESTS - FOR THE PURPOSE OF THIS PROCEDURE


ONLY, listed below are the designated felonies (including attempts) and the
appropriate units for referral:
CRIME UNIT REFERRED TO
 Homicides  Precinct Detective Squad
 Burglary (1st & 2nd degrees)  Precinct Detective Squad/RAM Unit
 Assault (victim likely to die)
 Weapons (loaded firearm)
 Grand Larceny (unusual cases):
 By extortion
 From senior citizens, governmental or
religious organizations
 Unusual public interest
 Robbery (all degrees)

 Violent felony committed by a juvenile  Precinct Detective Squad/RAM Unit


 Felony Sex Crime  Special Victims Division

 Narcotics (A1 & A2 felonies)  Narcotics borough concerned. If closed,


Detective Borough Wheel

 Bribery  Internal Affairs Bureau, Complaint Intake


(212) 741-8401
 Grand Larceny - Auto  Auto Crime Division (100 Major Violators)
PROCEDURE When a uniformed member of the service effects the arrest of a person on a
felony charge, including charges of juvenile delinquency where the conduct
would be a felony if committed by an adult:

ARRESTING 1. Remove prisoner to precinct of arrest and comply with current arrest
OFFICER procedures.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-66 03/18/19 2 of 4

DESK OFFICER 2. Immediately notify precinct detective squad if charge is a felony, other
than narcotics or gambling.
3. Notify Special Victims Division if charge is for a felony sex crime.
4. Refer eligible Designated Felony Arrest to the appropriate investigative
unit (see above).

NOTE The following “Letter Classification Codes” will be entered in the UPPER RIGHT
corner of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159):
a. LETTER “A” - Developed by appropriate investigative unit
b. LETTER “B” - Eligible for case development, but WAIVED by investigative unit
supervisor due to lack of personnel (not used after 2400 hours or when unit is closed)
c. LETTER “C” - Not eligible for case development, i.e., not designated felony,
between 2400 hours and 0800 hours and felony not accepted by Night Watch or
other open investigative unit
d. LETTER “D” - Augmented by precinct detective squad.

In addition, LETTER “C” will be entered for all arrests not within the purview of the
FELONY CASE DEVELOPMENT PROGRAM, i.e., other than by NYPD members
assigned to Patrol Services Bureau OR for designated felonies.

DESK OFFICER 5. Direct arresting officer to deliver prisoners to precinct detective squad for
post-arrest investigation of all felony arrests designated for case development.

PRECINCT 6. Determine if arrest should be developed by Precinct Detective Squad or


DETECTIVE specialized investigative unit.
SQUAD a. Have arresting officer notify specialized investigative squad in
SUPERVISOR appropriate cases.
b. Have all cases entered on CASE DEVELOPMENT/DETECTIVE
CASE ASSIGNMENT LOG (PD306-140), including those cases
referred to other units.

DETECTIVE/ 7. Assign detective to conduct case development.


SPECIALIZED a. If lack of investigative manpower prevents such assignment,
INVESTIGATIVE indicate that case is being waived and reasons for waiver on CASE
UNIT DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG.
SUPERVISOR The name of the supervisor is to be part of this entry.
b. Instruct arresting officer to assist in investigation, as required.
c. Supervise follow-up investigation.

ASSIGNED 8. Enter case on CASE DEVELOPMENT/DETECTIVE CASE


INVESTIGATOR ASSIGNMENT LOG.
9. Assign next ARREST INVESTIGATION REPORT (AIR) case number.
a. AIR numbers are assigned chronologically, beginning with number
one for the first case development of the calendar year, by the unit
conducting the post-arrest development (e.g. RAM-01, etc.).

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-66 03/18/19 3 of 4

ASSIGNED b. Each investigative unit will maintain its own CASE


INVESTIGATOR DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG
(continued) for the purpose of assigning AIR numbers. However, information
on all cases must be phoned into the detective squad covering the
precinct of arrest for inclusion on its LOG.
10. Investigate facts relating to commission of crime and subsequent arrest(s) and
record facts on ARREST INVESTIGATION REPORT (PD244-1511).
11. Determine principal charge to be lodged against defendant.
a. Principal charge will be the highest level of crime for which probable
cause can be demonstrated by facts determined during the investigation.

NOTE If the assigned investigator determines that the original charge is not correct, the
investigator shall enter the correct charge on the LOG and inform the desk officer. This
step will be complied with even when it is determined that the amended charge is not a
designated felony. If the desk officer disagrees with the investigating officer as to the
proper charge, the investigative squad supervisor will confer with the desk officer to
determine the appropriate charge.

12. Present completed ARREST INVESTIGATION REPORT to squad


supervisor.
a. AIR should include the following checks:
(1) BCI - Criminal Record
(2) Warrant/Computerized Investigation Card
(3) Weapons - FINEST check when applicable.

DETECTIVE 13. Review ARREST INVESTIGATION REPORT for completeness, sign


SPECIALIZED in appropriate space and distribute as follows:
INVESTIGATIVE a. ORIGINAL (1st) and TRIPLICATE (3rd) copies - to arresting officer.
SQUAD b. DUPLICATE (2nd) copy - together with appropriate COMPLAINT
SUPERVISOR REPORT (PD313-152) to investigative squad which developed
case for file.
c. QUADRUPLICATE (4th) copy - maintain in separate folder at
Precinct Detective Squad (PDS). Specialized investigative squads
forward this copy to PDS concerned.

NOTE On the fifth day of each month, the folder containing the fourth (4th) copy of the
ARREST INVESTIGATION REPORTS and the CASE DEVELOPMENT
ASSIGNMENT LOG SHEET for the previous month’s activity will be forwarded to the
borough detective command concerned.

14. Direct arresting officer to forward original ARREST INVESTIGATION


REPORT with all other arrest documents as per P.G. 208-15,
“Preparation Of Arrest Related Documents At The Stationhouse.”

ARRESTING 15. Retain third copy of ARREST INVESTIGATION REPORT for


OFFICER personal records.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-66 03/18/19 4 of 4

ADDITIONAL Specialized investigative units (e.g., RAM, Borough Special Victims Squad, etc.) must
DATA maintain a CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG to
serve as an index with chronological AIR numbers. However, this LOG is for in-house
use only. The precinct detective squad copy of the LOG is the only DETECTIVE CASE
ASSIGNMENT LOG that should be forwarded to the detective borough coordinator.
Therefore, it is imperative that the assigned investigator of a specialized investigative
squad provide the necessary information for logging the case (including AIR #) to the
precinct detective squad.

In cases where a “riding” Assistant District Attorney is present at the arrest scene to
supervise the post-arrest investigation it is not necessary to conduct a formal case
development; the case should be coded “C” and the name of the Assistant District
Attorney entered. If the Assistant District Attorney states over the telephone that he/she
will respond, initiate the case development. Upon arrival of the Assistant District
Attorney, if he/she does not require that the development be completed, make appropriate
notation on AIR; Case will be coded “A” and an AIR number will be assigned.

Detective borough commanders are responsible for the Felony Case Development
Program in their respective boroughs. Accordingly, they will maintain a system to
review completed post-arrest investigations as means of quality control. Additionally,
they will ensure that completed documentation is maintained, including reasons when
designated felony arrests are not submitted for case development.

Every effort will be made to conduct case development in a timely manner. In addition,
the CITYWIDE EXPEDITED ARREST PROCESSING program remains in effect when
processing Felony Case Development Program arrests. Desk officers are responsible
for having all arrest related documents and Live-scan procedures completed
expeditiously and in NO CASE LATER THAN THREE HOURS FROM TIME OF
ARREST. Furthermore, desk officers will notify the borough court section supervisor
and be guided by the court section supervisor’s instructions in regards to arraignment
delays. In instances where the arrest package is forwarded without the prisoner,
prepare a Prisoner Movement Slip and attach one photograph of prisoner. The
Prisoner Movement Slip will remain with prisoner until he/she is transported to
borough Court Section or court.

RELATED Complaint Reporting System (P.G. 207-01)


PROCEDURES Arrest Report Preparation At Stationhouse (P.G. 208-15)

FORMS AND ARREST INVESTIGATION REPORT (PD244-1511)


REPORTS CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG (PD306-140)
COMPLAINT REPORT (PD313-152)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
Prisoner Movement Slip

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-67

FOLLOW-UP INVESTIGATIONS ON
"DECLINE PROSECUTION" ARREST CASES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To determine if a case designated “Decline Prosecution” by the District Attorney’s


office can be re-opened and prosecuted after a follow-up investigation.

SCOPE To ensure that all arrests effected by uniformed members of the service are
prosecuted to the fullest extent of the law and in keeping with the Department’s
arrest strategy to reduce crime and disorder, the Department, in cooperation with
all five county District Attorney’s Offices has implemented a follow-up
investigation initiative for cases that have been designated “Decline
Prosecution.” Designated “Decline Prosecution” arrest cases will be re-opened
and prosecuted, if a requested follow-up investigation is conducted and specific
additional information (e.g., interviews, evidence, line-ups, etc.) is obtained.

PROCEDURE When a District Attorney’s office in a “Decline Prosecution” arrest case requires
specific additional information:

ADA 1. Forward to borough Court Section, letter indicating the type of additional
CONCERNED information (e.g., interviews, evidence, line-ups, etc.) required to re-open
case for prosecution.

BOROUGH 2. Immediately forward request to commanding officer concerned.


COURT
SECTION

COMMANDING 3. Ensure that the arresting officer, anti-crime unit, precinct detective squad,
OFFICER/ Burglary/Robbery Apprehension Module (BRAM), etc., expeditiously
COUNTERPART complies with the District Attorney’s request.

UNIFORMED 4. Immediately contact assigned Assistant District Attorney, whose name


MEMBER OF and telephone number are indicated on form letter, for instructions if the
THE SERVICE follow-up investigation yields positive results.
ASSIGNED a. If it is determined that the defendant is to be re-arrested on the
same charge that was designated “Decline Prosecution”:
1. Issue a new arrest number
2. Fingerprint prisoner
3. Notify the Borough Court Section supervisor.

COMMANDING 5. Have DECLINE PROSECUTION ARREST CASE REPORT


OFFICER/ (PD244-1515) prepared.
COUNTERPART 6. Ensure that REPORT is forwarded to borough Court Section within ten
business days of receiving District Attorney’s request, regardless of
outcome of investigation.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-67 08/01/13 2 of 2

BOROUGH 7. Maintain a “Decline Prosecution Arrest Case” log.


COURT a. Forward monthly report to Criminal Justice Bureau.
SECTION

NOTE Failure to return the completed REPORT within this time frame will possibly result in
the District Attorney’s Office not re-opening the arrest case for prosecution. Whenever
a DECLINE PROSECUTION ARREST CASE REPORT is prepared and forwarded to
the borough Court Section, a duplicate copy of the REPORT will be prepared for the
precinct/command file.

ADDITIONAL The DECLINE PROSECUTION ARREST CASE REPORT will not be prepared when
DATA the District Attorney’s Office form letter indicates that a “Decline Prosecution” case
cannot be re-opened for prosecution. In such cases, the form letter will serve to inform
commanding officers so that, where necessary, they may instruct, train, and/or monitor
the uniformed member of the service concerned.

FORMS AND DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-68

OLBS COMPUTERIZED ARREST NOTIFICATION PRINTOUT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 3

PURPOSE To have Information Technology Services Division (ITSD) forward “On Line
Booking System (OLBS) Arrest Notification Printout” to specified
commands/agencies for certain arrests.
DEFINITION OLBS COMPUTERIZED ARREST NOTIFICATION PRINTOUT - A
computerized printout containing arrest data.
PROCEDURE To provide specified commands and agencies with arrest data:
INFORMATION 1. Have “OLBS Computerized Arrest Notification Printout” forwarded to
TECHNOLOGY respective commands and agencies on a monthly basis, as follows:
SERVICES
DIVISION
PERSONNEL
ARREST OF/FOR/INVOLVING: COMMAND/AGENCY
♦ ARSON  Arson and Explosion Squad

♦ ARSON, ATTEMPTED ARSON OR FIRE  FDNY - Division of Fire Investigation


RELATED CRIMINAL MISCHIEF

♦ ATTORNEY or anyone for violation of  Deputy Commissioner - Legal Matters


Judiciary Law

♦ AUXILIARY POLICE OFFICER (confiscate  Auxiliary Police Section


shield and identification card)

♦ BRIBERY/ATT. BRIBERY (member of  Internal Affairs Bureau and


service involved) Employee Relations Section

♦ BURGLARS TOOLS  Major Case Squad

♦ CIGARETTE TAX VIOLATION  Cigarette Tax Enforcement Unit

♦ CITY UNIVERSITY OF NEW YORK  The City University of New York - Deputy
EMPLOYEE University Director of Security and Public Safety

♦ CORRECTION EMPLOYEE  Department of Correction

♦ CRIMINAL ANARCHY INVOLVING  Arson and Explosion Squad


DOCUMENT DESCRIBING USE OR
MAKING OF EXPLOSIVES

♦ DRUG ADDICT or involving P.L. 220.00  Narcotics Division - Only if arrest made by
Narcotics Division personnel

♦ EXPLOSION BY BOMB or EXPLOSIVE  Arson and Explosion Squad


DEVICE
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-68 02/04/15 2 of 3

ARREST OF/FOR/INVOLVING: COMMAND/AGENCY

♦ EXPLOSIVE OR BOMB (possession)  Arson and Explosion Squad

♦ FOREIGN NATIONAL  Intelligence Bureau

♦ FRAUDULENT ACCOSTING OR LARCENY  Special Frauds Squad


BY PICKPOCKET

♦ GAMBLING OFFENSE  Narcotics Division

♦ HOLDER OF RIFLE/SHOTGUN PERMIT -  Office of Chief of Department, Investigation


issued by Firearms Control Board Review Section

♦ HOSPITAL, any offense and prisoner admitted  Borough Court Section Concerned

♦ INSURANCE FRAUD (PL 176.00)  Auto Crime Division

♦ MOTOR VEHICLES reported stolen outside  FBI Auto Squad


New York State

♦ NYC HOUSING EMPLOYEE  NYC Housing Authority

♦ NYC TRANSIT EMPLOYEE  MTA-NYC Transit

♦ PISTOL LICENSEE  License Division

♦ POLICE IMPERSONATOR  Internal Affairs Bureau

♦ POSTAL SERVICE, crimes affecting  US Postal Inspector

♦ PRISONER, any offense and $5,000 or more is  Property Clerk Division


seized

♦ PROPERTY EVIDENCE  Property Clerk Division

♦ PROPERTY THEFT exceeding $5,000 and  FBI Major Theft Squad


property is identifiable by serial numbers or  Major Case Squad
markings (excluding autos)

♦ SEAMAN, foreign (violation of narcotics law)  Chief of Department

♦ SEX CRIME (Any)  Special Victims Division

♦ SPECIAL PATROLMAN  License Division

♦ TELEPHONE SEIZURE (public morals arrest)  Deputy Commissioner - Legal Matters

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-68 02/04/15 3 of 3

ARREST OF/FOR/INVOLVING: COMMAND/AGENCY

♦ TOWING CAR DRIVER or OWNER  Department of Consumer Affairs

♦ NYC DEPARTMENT OF  NYC Department of Transportation, Inspector


TRANSPORTATION EMPLOYEE General
(Department of Highways, Traffic, Marine &
Aviation or Parking Violations Bureau)

♦ UNLAWFUL POSSESSION OF RADIO  Communications Division and Life-Safety


DEVICES (P.L. 140.40) Systems Division

♦ WATERFRONT EMPLOYEE  Waterfront Commission

ADDITIONAL When an arrest is effected by a uniformed member of the service for an offense
DATA committed on property under jurisdiction of any of the following police agencies, the
arresting officer will enter proper jurisdictional code number in box 28 on the ON LINE
BOOKING SYSTEM ARREST WORKSHEET. Information Technology Services Division
will forward a copy of the “OLBS Computerized Arrest Notification Printout,” as
follows:

♦ Amtrak Police
♦ CSX Transportation Police
♦ MTA Police
♦ New York State Park Police
♦ New York State Police
♦ NYC Health and Hospitals Police
♦ Port Authority Police
♦ Triborough Bridge and Tunnel Authority
♦ U.S. Park Police

Inquiries after initial arraignment from external private and/or governmental agencies
relative to any arrest will be directed in writing to Commanding Officer, Identification
Section. He/she will be responsible for determining if the police record has been sealed
pursuant to Section 160.50 of the Criminal Procedure Law.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-69

NOTIFICATIONS IN CERTAIN ARREST SITUATIONS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 5

PURPOSE To notify an agency or Department unit in certain arrest cases.

PROCEDURE When an arrest is effected and any of the following conditions exists, follow
existing arrest procedures and:

DESK OFFICER 1. Notify Operations Unit DIRECT for arrests involving:


a. Alcohol, illegal manufacture or possession
b. Any offense, and prisoner has $500 in federal food stamps, except
authorized wholesale or retail dealer.
c. Any offense, and prisoner is an employee of:
(1) New York City
(2) US Internal Revenue Service
(3) US Postal Service
(4) US Department of State
(5) New York State Department of Corrections.

NOTE Whenever an arrested person indicates a school as place of employment, the arresting officer
shall ascertain if the school is under jurisdiction of the New York City Department of
Education.

In the event a member of the Department anticipates the arrest of a Department of


Correction employee at a correctional facility, please refer to ADDITIONAL DATA
statement below.

d. Any offense, and prisoner is a uniformed or civilian member of


this Department.
(1) Make entry of notification in Telephone Record and include
identity of precinct commander/duty captain notified.
e. Cigarette tax violation.
f. Forgery of prescription for narcotics.
g. Extortion or bribery concerning any taxes under jurisdiction of
New York City Department of Finance OR criminal
impersonation of tax official.
h. Any offense and prisoner possesses multiple blank social security
cards or multiple social security cards with different names and/or
numbers.
i. Larceny of parking meter or its contents OR tampering with
meters.
j. US Postal Law violations.
k. Any offense and prisoner is member of Armed Forces (Army,
Navy, Air Force, Marines, Coast Guard) OR prisoner is AWOL
(Absent Without Leave) OR a deserter.
l. Any offense and prisoner is impersonating a New York City
Department of Health employee.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-69 03/18/19 2 of 5

DESK OFFICER 2. Make direct notification to agency or command concerned when arrest is
(continued) effected for:

 Criminal Anarchy  Intelligence Bureau


 Any offense, and prisoner possesses  Intelligence Bureau
anarchistic literature advocating the
violent overthrow of the existing
government of this State or Nation
 Any offense, and prisoner is an employee
of:
 New York State Division of  Division of Substance Abuse Services
Substance Abuse Services
 Port Authority of NY and NJ  Port Authority
 Triborough Bridge and Tunnel  TBTA
Authority (TBTA)
 United Nations  Intelligence Bureau
 New York State Department of  New York State Department of
Corrections and Community Corrections and Community
Supervision (DOCCS), Senior Supervision (DOCCS)
Parole, Supervising Parole Officer
 New York State Police  Office of Chief Inspector, (518) 457-
6554. (During non-business hours notify
New York State Police Division
Headquarters, [518] 457-6811)
 New York State Court System  New York State Unified Court System
Command and Communications Center

 Any offense, and prisoner is a member of  Provost Marshal, Fort Hamilton,


armed forces of a foreign nation Brooklyn
 Felony and prisoner is employee of U.S.  Provost Marshal, Fort Hamilton,
Department of Defense Brooklyn
 Morals or perversion charge and prisoner  Provost Marshal, Fort Hamilton,
is employee of U.S. Department of Defense Brooklyn
 Any offense, and a youth gang is involved  Intelligence Bureau
 Any offense, and Department of  School Safety Division
Education is involved in any way
 Any graffiti-related offenses  Citywide Vandals Task Force, Transit
Bureau
 Any offense and prisoner is an employee  The City University of New York -
of The City University of New York Deputy University Director of Security
and Public Safety
 Any offense, and prisoner is involved in  Business Integrity Commission, via the
the private carting industry, City owned Detective Bureau Wheel
wholesale markets, or boats involved in
offshore shipboard gambling emanating
from New York City locations

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-69 03/18/19 3 of 5

DESK OFFICER  Any offense, and prisoner admits, or is  Notify borough court supervisor
(continued) determined to be a foreign national
 Grand Larceny Auto or C.P.S.P. (motor  Auto Crime Division
vehicle or motorcycle)
 Any offense and prisoner is a registered  Fax copy of OLBS to Sex Offender
sex offender Monitoring Unit (SOMU)
 Sexual assault or sexual harassment of a  Criminal Justice Bureau via email at
prisoner while the prisoner is in the [email protected]
custody of this Department
 Any offense and prisoner is on probation  Notify New York City Department of
and suspected of using and/or is in Probation
possession of illegal narcotics
 Any offense and individual is suspected  Notify Borough District Attorney’s
of using and/or is in possession of illegal Office (for the purpose of determining
narcotics if drug treatment services should be
offered to the individual.)

3. Direct arresting officer to notify Intelligence Bureau, Criminal Intelligence


Section twenty-four hours/seven days a week, to determine if an immediate
response by a member of the Intelligence Bureau is warranted in regards to
possible terrorist links, for arrests or seizures involving the following:
a. Fraudulent documents
b. Identity theft
c. Welfare fraud
d. Untaxed cigarettes
e. Drug paraphernalia
f. Telephone calling cards
g. Shop lifting
h. Baby formula
i. Counterfeit money
j. Money laundering
k. Travelers checks (stolen/counterfeit)
l. Money Orders (stolen/counterfeit)
m. Credit cards (stolen/counterfeit/bust out schemes)
n. Expired candy - consumer affairs violations
o. Grand larceny fraud
p. Firearms
q. Trademark counterfeiting
r. Marriage fraud
s. Foreign national smuggling
t. Cell phones
u. Coupon fraud
v. Computer fraud
w. Khat (a plant used as an habituating stimulant) sales or possession
x. Bank checks
y. Stolen property
z. ATM fraud/theft - bank cards.
NEW  YORK  CITY  POLICE  DEPARTMENT
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208-69 03/18/19 4 of 5

DESK OFFICER 4. Direct arresting officer to notify Human Resources Administration,


(continued) Bureau of Client Fraud, by telephone (212) 274-4749 (0830-1700 hours)
or (212) 274-4717 (at all other times) and State of New York, Office of
the Welfare Inspector General, by telephone (212) 417-2028 (Monday to
Friday, 0900-1700 hours) or (800) 682-4530 at all other times, whenever
a prisoner is arrested for:
a. INCOME GENERATING OFFENSE, i.e., drugs, gambling,
prostitution, unlicensed vendor, etc., and the prisoner possesses:
(1) Department of Social Services Recipient Identification Card OR
(2) Two different sets of identification cards OR
(3) Food stamps
b. The telephone notification will also be made when prisoner is
arrested for ANY OFFENSE and possesses:
(1) Two or more social security cards in same name, with
different numbers or different names and numbers OR
(2) Department of Social Services Recipient Identification
Card and more than $500.00 in U.S. currency OR
(3) Department of Social Services Recipient Identification
Card and an employee ID card from any City agency or
other identification indicating any employment.
5. Direct uniformed members of the service making any arrests to question
prisoner(s) re:
a. Employment or involvement in the child care field in the
following capacities:
(1) Any employee of a day care center or Headstart Program
(2) Any family day care provider or member of household
(3) Any employee of a program for protective services,
preventive services, youth development and delinquency,
runaway and homeless youths, day camp, park or recreation
(4) Any employee of a foster care program or member of a
foster care family.
b. Have arresting officer prepare form Child Care Worker Arrest
Notification (Misc. 2148), in duplicate, when prisoner is employed
or involved in child care field.
c. Immediately notify the Operations Unit, direct, and forward
original copy of form to New York City Department of
Investigation, in next Department mail.
(1) File duplicate copy of form with precinct copy of ON LINE
BOOKING ARREST WORKSHEET (PD244-159).

ADDITIONAL ANTICIPATED ARREST OF NYC DEPARTMENT OF CORRECTION EMPLOYEE:


DATA
Whenever a member of the Department anticipates the arrest of a Department of Correction
employee at a correctional facility, that member must make a telephone notification to the
Department of Correction, Investigations and Trials Division, prior to arrival at the correctional
facility. The Investigations and Trials Division will coordinate, with the arresting officer, the
necessary arrangements for the prompt and safe surrender of its employee.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
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ADDITIONAL The Department of Correction Investigations and Trials Division can be reached at
DATA (212) 266-1440 or (212) 266-1942, during business hours. At all other times, the
(continued) investigators shall contact the Investigations and Trials Division Duty Supervisor
through the Department of Correction Central Operations Desk at (718) 546-1384.

This protocol does not limit the right or duty of a member of the service to effect an
arrest. If a member of the service experiences a lack of cooperation, he/she shall notify
a supervisor. The supervisor will notify the duty captain if the supervisor is unable to
correct the situation.

Summary arrests and arrests of Department of Correction employees outside


correctional facilities are not affected by this procedure. Cases involving corruption or
serious misconduct continue to require a notification to the Internal Affairs Bureau
Command Center at (212) 741-8401, twenty-four hours a day, seven days a week, in
accordance with P.G. 207-22, “Allegations of Corruption Against City Employees
(Other than Members of the NYPD).”

FORMS AND ON LINE BOOKING ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-70

PROCESSING OF NEW YORK STATE DOMESTIC


INCIDENT REPORTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/10/18 12/10/18 1 of 2

PURPOSE To improve the tracking, monitoring, and analysis of domestic violence incidents.

PROCEDURE When a member of the service records a domestic violence incident on a New
York State Domestic Incident Report (DCJS-3221):

UNIFORMED 1. Submit hard copy of New York State Domestic Incident Report and
MEMBER OF any related paperwork (COMPLAINT REPORT [PD313-152], AIDED
THE SERVICE REPORT, ON LINE BOOKING SYSTEM ARREST WORKSHEET
[PD244-159], etc.) to desk officer.
a. A hard copy of the New York State Domestic Incident Report
must be prepared for all founded domestic violence incidents.
b. A hard copy of the New York State Domestic Incident Report
WILL NOT be prepared for unfounded domestic violence
incidents, and will be directly entered into FORMS.
c. Give complainant/victim copy of both pages of the New York
State Domestic Incident Report (pink copies) and the “Victim
Rights Notice” (pink copy) to complainant/victim, if present.

NOTE The current New York State Domestic Incident Report does not have captions for
certain pertinent information that is collected by the Finest Online Records Management
System (FORMS). Therefore, the following information is to be elicited from the person(s)
involved and recorded in the NARRATIVE OF THE INCIDENT:

a. Verbal dispute only


b. Court and Docket number of Order of Protection
c. Reporting officer’s tax number in box titled “REPORTING OFFICER.”

DESK OFFICER 2. Ensure accuracy and completeness of New York State Domestic
Incident Report and any related paperwork and sign, as appropriate.
3. Designate member of the service to enter information from the hard copy
New York State Domestic Incident Report into FORMS, if prepared.

MEMBER OF 4. Enter information from the New York State Domestic Incident Report
THE SERVICE into FORMS.

NOTE Members of the service will comply with P.G. 212-90, “Guidelines for Interaction with
Limited English Proficient (LEP) Persons” regarding victim’s statements that are
written in languages other than English.

Members of the service will prepare a New York State Domestic Incident Report for
walk-in complainants reporting domestic violence incidents.

DESK OFFICER 5. Forward all copies of New York State Domestic Incident Report to the
command’s domestic violence sergeant.

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PATROL GUIDE
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208-70 12/10/18 2 of 2

DOMESTIC 6. Review and compare hard copy, if prepared, to electronic copy of New
VIOLENCE York State Domestic Incident Report, and address discrepancies as
SERGEANT necessary.
7. Review and update all cases in Enterprise Case Management System
(ECMS)/Domestic Violence Information Management System (DVIMS),
as appropriate.
8. Maintain a file comprised of all New York State Domestic Incident
Reports prepared within the command, or forwarded from other
commands.

NOTE The original New York State Domestic Incident Report (domestic violence sergeant’s
copy) and the first copy (precinct detective squad’s copy) will be filed in the command of
occurrence. If the command of occurrence is other than complainant’s/victim’s resident
precinct and a New York State Domestic Incident Report is prepared, a photocopy will
be forwarded to the domestic violence sergeant assigned to the complainant’s/victim’s
resident precinct.

PRECINCT 9. Enter case closing status of any resolved domestic violence case into
DETECTIVE ECMS, as appropriate.
SQUAD

CHIEF OF 10. Provide members of the service with access to ECMS utilizing the
DEPARTMENT, administrator features of the computer, as appropriate.
DOMESTIC
VIOLENCE
UNIT

ADDITIONAL Members of the service are reminded that the hard copy of the New York State
DATA Domestic Incident Report, which should include a statement written in the
complainant’s/victim’s own handwriting, is the primary source for information
regarding domestic violence incidents. The handwritten victim’s statement is crucial to
the District Attorney during the prosecution of a domestic violence case and can serve
as the accusatory instrument, when necessary.

RELATED Domestic Violence Sergeant (P.G. 202-19b)


PROCEDURES Domestic Violence Prevention Officer (P.G. 202-29)
Family Offenses/Domestic Violence (P.G. 208-36)
Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of
the Service (P.G. 208-37)
Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged
Property) (P.G. 208-39)
Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90)
Requests for U Visa Certifications and/or T Visa Declarations (P.G. 212-111)

FORMS AND AIDED REPORT


REPORTS COMPLAINT REPORT (PD313-152)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
New York State Domestic Incident Report (DCJS-3221)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-71

DOCUMENTATION OF ACTIVITY OF BAIL ENFORCEMENT


AGENTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To identify bail enforcement agents who are attempting to apprehend wanted
persons, and to preserve the peace and ensure public safety in these situations.

DEFINITION BAIL ENFORCEMENT AGENT - Shall include any person, firm, company,
partnership or corporation engaged in the business of enforcing the terms and
conditions of a person’s release from custody on bail in a criminal proceeding,
including locating, apprehending and returning any such person released from
custody on bail who has failed to appear at any stage of a criminal proceeding to
answer the charge before the court in which he/she may be prosecuted.

PROCEDURE When a bail enforcement agent appears at a precinct to notify the Department
that he/she intends to apprehend a wanted person:

DESK OFFICER 1. Interview bail enforcement agent and verify the following:
a. Bail enforcement agent is appropriately licensed or is directly
employed by an appropriately licensed bail enforcement agent, and
b. Bail enforcement agent is in possession of a bail bond that names
the defendant he/she is seeking to apprehend.

NOTE The burden of proving that he/she is appropriately licensed falls upon the bail
enforcement agent. The licensing agency, the New York State Department of State,
maintains a searchable database of bail enforcement agent licensees (see
www.dos.state.ny.us/). Bail enforcement agents who fail to prove that they are
appropriately licensed will be advised that they may not make an apprehension until
such proof is provided.

2. Prepare BAIL ENFORCEMENT AGENT NOTIFICATION OF


SERVICE (PD609-120).
3. Make immediate telephone notification to the Warrant Section’s Telephone
Inquiry Unit twenty-four hours a day, seven days a week in order to determine if a
member of the Warrant Section is conducting an investigation on the defendant the
bail enforcement agent is seeking to apprehend.
a. If the warrant is currently under investigation by Warrant Section, the
appropriate borough field office will respond to make the arrest.
b. If warrant is not currently under investigation by the Warrant Section, the
bail enforcement agent(s) will apprehend the wanted person.
4. Make a command log entry pertaining to the bail enforcement agent’s
information.
5. Record name of person notified at Warrant Section and result of inquiry in the
Telephone Record and BAIL ENFORCEMENT AGENT NOTIFICATION
OF SERVICE.
6. File BAIL ENFORCEMENT AGENT NOTIFICATION OF
SERVICE at command.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-71 08/01/13 2 of 3

DESK OFFICER 7. Direct precinct RMP unit to accompany bail enforcement agent, if
(continued) requested, in cases where wanted person is believed to be present in an
occupied building.

NOTE Since this apprehension is a private, contractual matter, the Department is under no
general duty to assist the bail enforcement agent, just as the Department has no duty to
assist a car repossessor, for example, in the recovery of a vehicle. However, police
personnel should respond to the scene of the apprehension to preserve the peace in the
same manner that the Department preserves the peace at the scene of civil process
executions by the City Marshal.

DESK OFFICER 8. Notify the desk officer of the police service area concerned if wanted
individual resides in a housing development.

NOTE Bail enforcement agents MUST appear at the precinct which covers the location that the wanted
individual is to be apprehended. If a UMOS encounters a bail enforcement agent who did not
notify this Department of the attempt to apprehend a wanted person into their custody, the
uniformed member will immediately direct the agent to the desk officer of the precinct which covers
the location where the wanted individual was or is to be apprehended.

UNIFORMED 9. Accompany bail enforcement agent to location, if directed.


MEMBER OF a. Notify radio dispatcher of assignment and location.
THE SERVICE
ASSIGNED

NOTE Bail enforcement agents shall be responsible for the apprehension process. The primary duty of
members of the service will be to preserve the peace and protect life and property. Absent unusual
circumstances, it will be the responsibility of the agent to search, secure, and transport the wanted
person back to the original jurisdiction. If weapons or other contraband are found on the wanted
person, this Department will affect the arrest. However, in the interest of preventing unlawful
detentions, members of the service should attempt to verify that the person apprehended is in fact
the wanted person. If reasonable doubt exists, all parties should be returned to the precinct for
investigation that should include a federal, state and local warrant check, and the results entered on
the BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE. Once it is determined
that the individual is in fact the wanted person being sought by the bail enforcement agent(s), allow
the agent(s) to transport the wanted person back to the original jurisdiction.

ADDITIONAL Bail bonding companies often subcontract the task of apprehending their clients to
DATA independent bail enforcement agents. New York law permits the surety to empower
another to apprehend the defendant, provided that the surety provides written authority
for the agent to do so, endorsed on a certified copy of the bail bond. New York Law also
requires that such agent be over twenty years of age (see Criminal Procedure Law
530.80).

Chapter 562 of the laws of New York State requires any person or company engaged in
the business of bail enforcement in New York State to be properly licensed. The law
shall apply to all bail enforcement businesses, whether based in or outside of New York
State, that conduct business within New York State. Exceptions to this provision are
New York State private investigators that are licensed separately. Under the law, a
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-71 08/01/13 3 of 3

ADDITIONAL licensed private investigator may perform the function of a bail enforcement agent.
DATA However, a bail enforcement agent may not perform the function of a private
(continued) investigator, unless the individual is properly licensed.

The licensing requirement of the new law applies to the bail enforcement business, not
the individual agent/employee performing the bail enforcement function. For example,
an individual bail enforcement agent that lives in Las Vegas, Nevada and performs bail
enforcement in New York City does not need a license from New York State, so long as
the bail enforcement business that employs him/her is licensed in New York State.
However, the bail enforcement agent/employee is subject to the training and education
requirements of the new law. In addition, a bail enforcement agent that is acting as a
sub-contractor to a bail enforcement business, and is not a direct employee thereof, is
required to be licensed in New York.

Any person that falsely states or represents that he or she works for a licensed bail
enforcement business shall be guilty of an unclassified misdemeanor [General Business
Law, Section 81(1)]. Law enforcement officers engaged in their official duties are
exempt from this law.

The law states that a “representative of a local law enforcement agency may accompany
a bail enforcement agent when the agent enters what is believed to be an occupied
structure to search for or apprehend a person.” However, the provision authorizing law
enforcement agents to accompany bail enforcement agents to search for or apprehend
someone is not intended to in any way to expand the police powers beyond what is
currently authorized by law, nor does it require a police officer to assist an agent in this
manner. It must be emphasized that the Department’s role when accompanying a bail
enforcement agent to the scene of a prospective apprehension is preservation of the
public peace, in the same manner that the Department preserves the peace at the scene
of civil process executions by the city marshal. This Department will NOT permit or
give assistance to the bail enforcement agent to break and enter any dwelling for the
purpose of seizing a defendant inside. The bail enforcement agent should be further
informed that he/she is subject to arrest if he violates any laws in New York.

Members of the service seeking additional guidance regarding bail enforcement agents
will refer to Legal Bulletin “The Authority of Bail Bondsman” (Volume 21, Number 6,
December 1991). Any further questions can be directed to the Legal Bureau.

RELATED Arrest By A Civilian (P.G. 208-04)


PROCEDURES Evictions, Repossessions And Other Civil Process (P.G. 214-13)

FORMS AND BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE (PD609-120)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-72

OBTAINING PRISONER DNA SAMPLE IN COMPLIANCE


WITH EXECUTIVE LAW 995
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To obtain a DNA sample from certain identified prisoners.

PROCEDURE When a prisoner is required to submit a DNA sample for inclusion in the State
DNA databank:
BOROUGH 1. Review all prisoner Rap Sheets and identify Rap Sheets with the banner
COURT heading “REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION
SECTION IN THE STATE DNA DATABANK.”
RAP/WARRANT 2. Stamp or write on front page of Rap Sheet “DNA SAMPLE
OFFICER REQUIRED” and notify assigned supervisor.
3. Make entry in the DNA Sample Log, completing all appropriate captions.
4. Ensure system generated DNA banner entry in OLPA (ON-LINE
PRISONER ARRAIGNMENT) system indicating whether DNA is
required or not required, is accurate.
BOROUGH 5. Certify the accuracy and completeness of entries in DNA Sample Log.
COURT 6. Utilize the OLPA system to obtain the lodging location of the defendant
SECTION and ensure that a DNA banner entry was made.
SUPERVISOR 7. Notify intake supervisor to assign a police officer to obtain a DNA sample, if
prisoner is already lodged at the court section.

DURING COURT SECTION INTAKE PROCESS


INTAKE 8. Check the OLPA system to determine whether prisoner being lodged at
OFFICER/ borough court section is required to give a DNA sample.
COURT a. If OLPA DNA banner entry was not made, but a NYSID number
SECTION is present in OLPA system, call rap/warrant post or query eJustice
MEMBER NY to ascertain whether DNA is owed.
9. Notify intake supervisor if DNA sample is owed.

INTAKE 10. Ensure that OLPA system is queried for all prisoners being lodged to
SUPERVISOR identify prisoners owing DNA samples.
a. Assign a uniformed member of the court section to obtain a DNA
sample at the intake area.

UNIFORMED 11. Obtain DNA sample from prisoner utilizing the DNA Specimen
MEMBER OF Collection Kit and be guided by the instructions on the Instructions For
THE SERVICE NYS DNA Databank Convicted Offender DNA Collection Kit form.
ASSIGNED
NOTE The NYS DNA Databank Convicted Offender DNA Collection Kit contains several items.
One item is a 2x4 envelope with captions for the offender's name, NYSID #, and a
barcode. If the name, NYSID #, or barcode is missing from the 2x4 envelope, the sample
will not be accepted into the DNA databank and a new collection sample will be
requested. Any illegible information may also create the need for a new sample
collection.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-72 08/01/13 2 of 3

UNIFORMED 12. Update OLPA DNA banner entry to indicate that the DNA sample was
MEMBER OF obtained.
THE SERVICE 13. Notify borough court section supervisor once DNA sample is obtained of
ASSIGNED results and time sample was obtained.
(continued)

BOROUGH 14. Stamp or write “SAMPLE OBTAINED” on front page of Rap Sheet and initial.
COURT 15. Make entry in the DNA Sample Log describing sample obtained and time
SECTION sample was obtained.
SUPERVISOR 16. Process prisoner’s case and:
a. Review completed DNA Specimen Collection Kit for accuracy
and completeness
b. Forward DNA Specimen Collection Kit as per instructions on Kit.

IF PRISONER REFUSES TO SUBMIT A DNA SAMPLE

UNIFORMED 17. Notify intake supervisor of prisoner’s refusal to submit a DNA sample.
MEMBER OF
THE SERVICE
ASSIGNED

INTAKE 18. Direct uniformed member of the court section to read Owe DNA
SUPERVISOR Notification Sheet, as provided by the respective borough’s District
Attorney’s Office.
a. Direct uniformed member to obtain DNA sample, if prisoner
consents to provide sample
b. Direct uniformed member to re-arrest prisoner and charge
prisoner with Obstructing Governmental Administration 2nd
Degree, P.L. 195.05, if prisoner refuses to provide sample.
NOTE This new arrest will be processed at the borough court section facility.
UNIFORMED 19. Process arrest within borough court section and comply with normal
MEMBER, arrest processing procedures.
COURT
SECTION

BOROUGH 20. Direct that an OLPA “RE-ARREST” informational activity entry be


COURT made indicating the prisoner’s refusal to submit a DNA sample at the
SECTION court section.
SUPERVISOR 21. Write on top of Rap Sheet and all case jackets “REFUSED DNA
SAMPLE.”
22. Make entry regarding prisoner’s refusal in DNA Sample Log and include
the new arrest number.
23. Notify the District Attorney’s Complaint Room/ECAB supervisor of the
prisoner’s refusal to submit a required DNA sample and of the additional arrest
charge.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-72 08/01/13 3 of 3

IF PRISONER INITIALLY REFUSES TO PROVIDE SAMPLE AND HAS


BEEN RE-ARRESTED AND CHARGED WITH OBSTRUCTING
GOVERNMENTAL ADMINISTRATION, BUT AT ARRAIGNMENT
WISHES TO PROVIDE A DNA SAMPLE

UNIFORMED 24. Notify court operations supervisor/platoon commander of prisoner’s


MEMBER willingness to provide DNA sample.
ASSIGNED TO
COURTROOM
POST

COURT 25. Direct court section personnel officer to obtain a DNA sample utilizing a
OPERATIONS DNA Specimen Collection Kit and forward to borough court section
SUPERVISOR/ supervisor for processing.
PLATOON
COMMANDER

ADDITIONAL Once a sample has been obtained from a prisoner who has refused to submit DNA, and has been
DATA re-arrested and charged with Obstructing Governmental Administration, a supervisor will notify
the District Attorney at arraignment.

At any time during the arraignment process, any member that observes a Rap Sheet with the DNA
banner “REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA
DATABANK” that DOES NOT have an appropriate stamp/written entry, will bring this to the
attention of a supervisor. If this occurs in the courtroom, the defendant’s arraignment will be
delayed until the case can be reviewed by a supervisor.

A banner reading “REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE


STATE DNA DATABANK” will be removed from a Rap Sheet one month after DNA samples have
reached the State Police Laboratory. If prisoner is re-arrested before the month has passed,
members of the service concerned can verify a sample was obtained by contacting the New York
State Division of Criminal Justice Services Office of Forensic Services or the Department’s
Criminal Justice Bureau.

FORMS AND Instructions For NYS DNA Databank Convicted Offender DNA Collection Kit
REPORTS Owe DNA Notification Sheet

RELATED Exposure of Members of The Service To Infectious Disease or Hazardous Materials


PROCEDURES (P.G. 205-10)
Communicable Disease (P.G. 216-11)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-73

NOTIFICATION TO THE DETECTIVE BUREAU WHEN A SPECIFIED


CONDITION EXISTS/IS SUSPECTED
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 2

PURPOSE To ensure that timely notifications are made to the Detective Bureau by other
commands/units when a specified condition exists/is suspected, whether or not an
arrest is effected.

DEFINITIONS A specified condition is any of the following:

NARCOTICS OFFENSES – Violations of law related to the sale and possession of


controlled substances as defined in Article 220 of the Penal Law, any marijuana
related offense that results in a Desk Appearance Ticket or live arrest, or any case of
found controlled substances in which the amount exceeds two ounces, or found
marijuana in which the amount exceeds two pounds.

VICE RELATED OFFENSES – Violations of law related to illegal gambling,


loan sharking, prostitution, sexual exploitation of children, fireworks, untaxed
cigarettes, human trafficking, unlicensed social clubs, ABC/SLA violations or
any incident that effects the licensing of bars/clubs.

FIREARMS OFFENSES – Violations of law related to the sale or possession of


illegal firearms.

ORGANIZED CRIME RELATED OFFENSES – These include but are not


limited to, those offenses under the purview of the Detective Bureau, such as
traditional and non-traditional organized crime, money laundering, labor
racketeering, trademark counterfeiting, offenses involving the private carting
industry, city owned wholesale markets, shipboard gambling and organized theft
of motor vehicles, motor vehicle parts, and motor vehicle insurance frauds.

PROCEDURE When a specified condition exists/is suspected, whether or not an arrest is


effected AND/OR
a. The debriefing of a defendant(s) by Detective Bureau personnel
would be beneficial AND/OR
b. A follow-up investigation by Detective Bureau personnel is
necessary AND/OR
c. The expertise of Detective Bureau is needed to enhance the
prosecution of the case AND/OR
d. A summons, where applicable, is issued in lieu of arrest for
offenses outlined in “Definitions,” except for marijuana related
summonses:

ARRESTING/ 1. Notify the Detective Bureau Wheel, 24 hours, seven days a week as
RESPONDING required above.
OFFICER OF
RECORD
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-73 03/18/19 2 of 2

NOTE The Detective Bureau Wheel MUST be notified of ALL controlled substances arrests and
ALL marihuana arrests for the following charges:
a. Criminal possession of a controlled substance first degree (P.L 220.21),
second degree (P.L. 220.18) and third degree (P.L. 220.16)
b. Criminal sale of a controlled substance in the first degree (P.L. 220.43),
the second degree (P.L. 220.41) and the third degree (P.L. 220.39)
c. Criminal sale of a controlled substance in or near school grounds (P.L.
220.44)
d. Criminal possession of marihuana in the first degree (P.L. 221.30) or
second degree (P.L. 221.25)
e. Criminal sale of marihuana first degree (P.L. 221.55) or second degree
(P.L. 221.50).

ARRESTING/ 2. Provide pertinent details of arrest and/or circumstances requiring


RESPONDING conferral from the Detective Bureau.
OFFICER OF 3. Make record of notification in “Narrative” section of ON LINE
RECORD BOOKING SYSTEM ARREST WORKSHEET (PD244-159),
(continued) including date, time and rank, name and tax number of person notified, if
applicable.
4. Be guided by Detective Bureau Wheel personnel.

DESK OFFICER 5. Ensure arresting/responding officer of record has made required


notification to the Detective Bureau Wheel as indicated above.
6. Make Command Log entry of notification details.

ADDITIONAL If any question exists as to whether or not a notification must be made, always make the
DATA notification.

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-74

ARREST PROCESSING OF PERSONS WANTED


FOR MULTIPLE INCIDENTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To ensure the processing of arrests associated with persons who may be
responsible for additional criminal incidents by preparing separate ON LINE
BOOKING SYSTEM ARREST WORKSHEETS (PD244-159) and
LIVESCAN prints for each of the incident(s).

PROCEDURE When it has been determined that an individual in custody may be responsible for
additional criminal incidents recorded within ANY command, the following
procedure will apply:

ARRESTING 1. Confer with detective squad member and determine additional charges.
OFFICER 2. Inform desk officer of additional criminal incidents for which charges will
be preferred.
3. Process the initial arrest in accordance with P.G. 208-03, “Arrest -
General Processing.”

DETECTIVE 4. Conduct an investigation to determine additional criminal incidents, if


BUREAU any, which were committed by the perpetrator.
MEMBER 5. Notify detective squad supervisor and inform him/her of relevant facts.
6. Determine charges for which the perpetrator will be prosecuted.
7. Process additional ON LINE BOOKING SYSTEM ARREST
WORKSHEETS and print via LIVESCAN for each separate criminal
incident.
8. Notify the respective borough Court Section concerned of all arrest
numbers associated with the individual(s) in custody.

NOTE In those instances where a patrol unit has made the initial arrest, and additional
criminal incidents have been identified whereby charges will be preferred, the patrol
unit will process the initial arrest, and the Detective Bureau member concerned will
process each additional arrest(s). It is the responsibility of a Detective Bureau
supervisor to oversee this process if additional arrests concern the same command or a
Detective Bureau Zone Commander if multiple commands are involved. (See
“ADDITIONAL DATA” statement.)

DETECTIVE 9. Verify each criminal incident for which charges will be preferred.
SQUAD 10. Coordinate the arrest process and ensure that separate ON LINE
SUPERVISOR/ BOOKING SYSTEM ARREST WORKSHEETS and LIVESCAN
COVERING prints are prepared for each criminal incident.
SUPERVISOR 11. Coordinate and supervise lineups, if conducted, in accordance with P.G.
208-24, “Identification Lineups/Showups.”
12. Notify Detective Bureau supervisor/covering supervisor of command
concerned should it be suspected the perpetrator is wanted for additional
criminal incidents within other commands.
13. Notify Detective Squad Zone Commander should additional criminal
incidents for which charges will be preferred involve outside commands
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NOTE This includes specialty squads such as Special Victims, Special Investigations, Borough
Robbery and/or Transit Squads, etc.

DETECTIVE 14. Ensure that notification is made to respective borough Court Section
SQUAD concerned of all arrest numbers associated with the individual(s) in custody.
SUPERVISOR/
COVERING
SUPERVISOR
(continued)

NOTE When is has been determined that an individual will be processed for crimes having
occurred in more than one command, the prisoner will remain at the initial command of
arrest, and concerned Detective Bureau commands will respond, if need be, to conduct
an investigation. Members are reminded that ON LINE BOOKING SYSTEM
ARREST WORKSHEETS may be prepared at any command regardless of the
prisoner’s location. All LIVESCAN prints will be processed at the command wherein
the prisoner is located. The transporting of a prisoner should be kept to a minimum.
Detective squad supervisors will be responsible to ensure coordination and efficiency.

DETECTIVE 15. Confer with counterparts should criminal incidents for which arrest will
SQUAD ZONE be processed involve another zone or specialty squad.
COMMANDER/ 16. Ensure coordination between multiple commands in processing additional
COVERING arrests.
DETECTIVE
DUTY CAPTAIN

ADDITIONAL COURT ORDERS TO PRODUCE


DATA In those instances where a post-arraignment/in-custody/defendant is wanted for
additional crime, it is the responsibility of the investigator obtaining such take out order
to confer with the Assistant District Attorney and, if need be, coordinate with respective
Detective Bureau commands to process additional arrest.

IDENTIFIED PERPETRATORS
When an individual has been identified for a past crime by an investigative entity, and
an apprehension is made by a patrol unit based solely on such identification, the arrest
will be processed by the concerned Detective Bureau command. However, should the
same person be apprehended as a “live-arrest”, the first arrest will be processed by the
patrol unit, and additional arrests will be processed by the concerned investigative unit.

CROSSING BOROUGH BOUNDARIES


When it has been determined that an individual in custody is wanted for crime(s) having
occurred in another geographical borough a notification will be made to the concerned
detective squad and the overhead Detective Borough/Division Command concerned. It
will be the responsibility of the concerned investigative unit to monitor the custody
status of the prisoner so as to coordinate an arrest prior to the prisoner’s release.

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ADDITIONAL PERPETRATOR LINKED TO CRIMES INVESTIGATED BY BOROUGH ROBBERY OR


DATA TRANSIT SQUADS
(continued) In addition to any summary arrest made by patrol or a detective squad, and where it has
been determined that an individual is part of an established Borough/Citywide Robbery
pattern, or is linked to crimes having occurred in Transit, the respective Borough
Robbery Squad or Transit Squad will be notified and act in accordance with this
procedure. A notification will be made to the concerned Detective Bureau Major
Crimes/Detective Zone Commander/Detective Duty Captain concerned.

PERPETRATOR LINKED TO SPECIAL INVESTIGATIONS DIVISION OR SPECIAL


VICTIMS DIVISION INVESTIGATIONS
In addition to any summary arrest made by patrol or a detective squad, and where it has
been determined that an individual is linked to crimes being investigated by the Special
Investigation Division or the Special Victims Division, notifications will be made to the
Detective Bureau Duty Captain and the Chief of Detectives. The Chief of Detectives in
turn will notify the respective investigative unit.

RELATED Arrest - General Processing (P.G. 208-03)


PROCEDURES Arrest Report Supplement (P.G. 208-13)
Arrest Report Preparation at Stationhouse (P.G. 208-15)
Identification Lineups/Showups (P.G. 208-24)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-75

ENHANCEMENT OF OFFENSES INVOLVING FIREARMS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/04/17 05/04/17 1 of 5

PURPOSE To conduct a thorough investigation of offenses related to firearm(s) possession


and to ensure that the strongest cases are presented to prosecutors for every
firearm(s) arrest by:
• Identifying potential association to other crimes
• Eliciting intelligence related to the possession, sale, trafficking, and
distribution of firearms through the collection and preservation of
forensic evidence from both the arrestee and firearm
• Conducting comprehensive debriefings
• Recovering video evidence in a timely manner
• Ensuring prompt notifications and referrals are made to applicable units
and agencies.

PROCEDURE When a member of the service affects an arrest involving a firearm or otherwise
comes into possession of a firearm(s) (e.g., found, recovered pursuant to police
action, or under circumstances requiring investigation):

NOTE Firearms received pursuant to Penal Law Section 265.20(a)(1)(f) – such as voluntary
surrender or buy-back program will NOT be subject to this procedure.

UNIFORMED 1. Notify the desk officer and precinct detective squad of circumstances
MEMBER OF related to firearm arrest, recovery, or instance necessitating investigation.
THE SERVICE 2. Do not touch, move, or disturb a firearm at a crime scene except when
absolutely necessary (e.g., large crowd gathering, hindering aid to victim,
etc.).

NOTE Every firearm related to an arrest or taken into possession by this Department requiring
investigation must be processed for DNA and latent prints. If a firearm is not recovered
from a person, the recovery location will be treated as a crime scene and an immediate
notification will be made to the Evidence Collection Team (ECT) or Crime Scene Unit
(CSU), as appropriate. Contamination of a firearm may occur prior to being tested (e.g.,
multiple persons handling firearm, discarded into a sewer, etc.). These circumstances
should be thoroughly documented and testing completed nonetheless. When handling a
firearm:
a. Wear latex/nitrile gloves in order to preserve DNA and fingerprint evidence,
unless exigent circumstances exist
b. DO NOT secure firearm on your person, unless exigent circumstances exist,
since clothing may contaminate, alter, and/or damage the biological evidence
thereon
c. DO NOT circulate the firearm among uniformed members at the scene. The
recovering officer should retain custody of the firearm and invoice it
appropriately (e.g., arrest evidence, etc.) as per P.G. 218-01, “Invoicing
Property – General Procedure” and P.G. 218-23, “Processing Firearms and
Firearm-Related Evidence.”

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UNIFORMED 3. Conduct a canvass for video surveillance to identify locations of cameras


MEMBER OF that may have probative value.
THE SERVICE a. If video evidence is available, obtain the name and contact
(continued) information for the custodian of the video and immediately inform
Detective Bureau personnel.
4. Process recovered firearm(s) as per P.G. 218-23, “Processing Firearms and
Firearm-Related Evidence.”
5. Deliver firearm(s) and firearm-related evidence to the desk officer,
command of occurrence.

DESK OFFICER 6. Ensure that firearm(s) and firearm-related evidence are safe, properly
marked, packaged, and sealed as per P.G. 218-01, “Invoicing Property –
General Procedure” and P.G. 218-23, “Processing Firearms and Firearm –
Related Evidence.”
7. Notify the precinct platoon commander and commanding/executive
officer of incident details.
8. Notify the precinct detective squad/Detective Bureau unit concerned
immediately, to enhance an arrest involving a firearm(s) or to conduct an
enhanced firearm investigation.

ASSIGNED 9. Initiate a case upon receiving notification of an investigation concerning a


DETECTIVE/ firearm(s) related offense or firearm(s) recovery (e.g., summary arrest
PRECINCT affected by patrol personnel or other units performing enforcement duties
DETECTIVE within the command).
SQUAD/
DETECTIVE
BUREAU UNIT

NOTE Precinct detective squads are the primary investigative unit responsible for enhancing
firearm(s) related arrests and investigations of firearms occurring within their respective
commands. Their expertise and understanding of current dynamics and crime trends within
the precinct affords a unique perspective in determining any possible implications this
incident has on past and future crimes. This responsibility in no way precludes or excuses
other members of the service from actively assisting in the enhancement and post arrest
investigation process. This collective effort will guarantee all available evidence and
documentation is secured in the most efficient manner, thereby ensuring the best possible
case is brought forward. In order to comply with D.G. 502-32, “Electronic Recording of
Custodial Interrogations for Enhancement of Arrests for Gun Related Offenses,” it is
extremely important that the arrestee be brought to the detective squad immediately and
prior to any questioning.

10. Prior to conducting any interview with the defendant(s), the assigned
investigator will conduct a comprehensive criminal background check
through Department computer systems (e.g., FINEST, RTRD, DAS,
ICAD, eJustice, etc.).

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ASSIGNED 11. Evaluate the defendant(s) criminal history and arrest charges to determine
DETECTIVE/ eligibility for federal prosecution (Trigger Lock).
PRECINCT 12. Prepare the interview room/area and attempt to obtain an abandonment
DETECTIVE sample in accordance with D.G. 506-06, “Collecting DNA Exemplar
SQUAD/ Abandonment Suspect Samples in a Controlled Environment.”
DETECTIVE 13. Complete a GUN ENHANCEMENT CHECKLIST (PD324-060) and
BUREAU UNIT FIREARM INFORMATION WORKSHEET (PD324-152) in all gun
(continued) enhancement cases and upload into Enterprise Case Management System
(ECMS).
a. A separate FIREARM INFORMATION WORKSHEET will
be completed for each individual arrested and uploaded into
ECMS.
b. Additional worksheets will also be prepared when the
investigation reveals that more than one supplier and/or
transporter of a firearm(s) exists.
14. Conduct video interrogation of suspect(s) with the primary objective
being the elicitation of statements that support the current weapons
charges.
a. Inquire how the suspect(s) came into possession of the firearm
and detail the results on the FIREARM INFORMATION
WORKSHEET.
b. Attempt to ascertain the suspect’s involvement in and/or awareness
of criminal activity unrelated to the present case.
15. Attempt to obtain consent from the suspect(s) for a DNA exemplar
sample and be guided by P.G. 218-52, “Collection and Processing of
DNA Exemplar Samples.”
a. A request for a consent sample will be made in all cases, even if
an abandonment sample has already been obtained.

NOTE Unique and/or identifiable clothing items a defendant is recorded wearing on video,
and/or garments that witnesses/911 callers used to describe the defendant should be
invoiced and preserved as evidence. Furthermore, photograph and invoice clothing or
items used to conceal weapon(s) (e.g., book bags, suitcase, etc.).

16. Ensure photographs of the firearm(s) and firearm-related items have been
taken and uploaded into ECMS Firearm Enhancement case folder.
17. Ensure the defendant(s) cell phone(s) have been invoiced in accordance
with P.G. 218-01, “Invoicing Property – General Procedure,” P.G. 218-
19, “Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for
Forfeiture Proceedings or to Determine True Owner,” and/or P.G. 218-
50, “Prisoner Cellular Telephone(s).”
a. Consult with the District Attorney and request a search warrant if
it is suspected that the phone contains evidence (e.g., text
messages, photographs, etc.).
18. Comply with D.G. 502-18, “Use of Social Networks for Investigative
Purposes – General Procedure.”

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ASSIGNED 19. Conduct a video canvass and attempt to identify and retrieve video which
DETECTIVE/ may have probative value.
PRECINCT a. Request assistance from precinct personnel to assist with the
DETECTIVE search.
SQUAD/ 20. Document and upload into ECMS all investigative steps taken (e.g.,
DETECTIVE Shotspotter activation photographs, videos, scanned documents, etc.).
BUREAU UNIT a. Close the case as an “Enhancement” using code “B8” in ECMS if
(continued) no information is developed relative to the source of the weapon
or other criminality.
21. Notify the commanding officer, precinct detective squad or Detective
Bureau unit when information of a positive nature relative to the source
of the weapon is obtained.

NOTE The assigned detective will interview all witnesses, complainants, and police officers
and ensure all interviews are properly recorded. Members assigned to Nightwatch will
conduct a full investigation and debriefing in all firearms arrests during nighttime hours
when precinct/Detective Bureau squad personnel concerned are not working. If, for
documented reasons, Nightwatch cannot respond, the Detective Bureau Nightwatch
supervisor will immediately notify the Detective Bureau Duty Captain who will decide
which unit completes the enhancement. If Nightwatch is unable to respond and the arrest
has already been processed by the precinct concerned, the detective squad supervisor
will notify the Borough Court Section supervisor to ascertain if the defendant has been
arraigned, or legal counsel has been appointed. If the defendant has not been arraigned
and legal counsel has not been appointed, then a request will be made to hold the
defendant so an enhancement can be conducted. The detective squad supervisor will
direct a detective to respond to the Borough Court Section concerned to conduct the
investigation. Enhancement efforts shall never interfere with or prolong a defendant’s
arraignment appearance.

COMMANDING 22. Notify the Commanding Officer, Joint Firearms Task Force (JFTF) when
OFFICER, information of a positive nature is developed relative to the source of the
PRECINCT weapon. The criteria for referral to JFTF is:
DETECTIVE a. A FINEST inquiry reveals that the weapon was stolen from a
SQUAD/ federal firearms licensee or during transport to a federal firearms
DETECTIVE licensee
BUREAU UNIT b. An inquiry through the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) twenty-four hour gun center reveals the weapon
was part of a multiple sale or is designated as an ATF “suspect
gun”
c. When preliminary investigation reveals a definitive nexus to
interstate trafficking (e.g., receipts from gun store, out of state
driver’s license, and/or auto, numerous new guns in boxes, or
military personnel are involved).
23. Notify the Commanding Officer, Gun Violence Suppression Division in
all other instances, or if unable to notify the JFTF.

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ASSIGNED 24. Refer the case to Gun Violence Suppression Division or the JFTF, as
DETECTIVE/ appropriate.
PRECINCT a. Use code “B5” in ECMS if the Commanding Officer, Gun
DETECTIVE Violence Suppression Division or the Commanding Officer, JFTF
SQUAD/ deems the information to be of a positive creditable nature and
DETECTIVE recommends an investigation be commenced.
BUREAU UNIT b. Close the case as an “Enhancement” using code “B8” in ECMS if
neither the Commanding Officer, Gun Violence Suppression
Division or Commanding Officer, JFTF deems the information to
be of a positive nature.

COMMANDING 25. Review COMPLAINT REPORTS (PD313-152) on a daily basis to


OFFICER, ensure that all arrests involving firearms are properly investigated.
PRECINCT 26. Notify Detective Bureau Zone Captain if forensic testing has not been
DETECTIVE requested on a case by the District Attorney’s Office.
SQUAD/
DETECTIVE
BUREAU UNIT

DETECTIVE 27. Make an immediate request to the respective District Attorney’s Office
BUREAU ZONE that a forensic examination be ordered, regardless of the case status.
CAPTAIN

RELATED Invoicing Property-General Procedure (P.G. 218-01)


PROCEDURES Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture
Proceedings to Determine True Owner (P.G. 218-19)
Processing Firearms and Firearm Related Evidence (P.G. 218-23)
Prisoner Cellular Telephone(s) (P.G. 218-50)
Collection and Processing of DNA Exemplar Samples (P.G. 218-52)
Use of Social Networks for Investigative Purposes-General Procedure (D.G. 502-18)
Collecting DNA Exemplar Abandonment Suspect Samples in a Controlled Environment
(D.G. 502-06)
Electronic Recording of Custodial Interrogations for Enhancement of Arrests for Gun
Related Offenses (D.G. 502-32).

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS COMPLAINT FOLLOW-UP INFORMATIONAL (pink) (PD313-081A)
GUN ENHANCEMENT CHECKLIST (PD324-060)
FIREARM INFORMATION WORKSHEET (PD324-152)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-76

NEW YORK CITY HOUSING AUTHORITY


TRESPASS NOTICE PROGRAM
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/02/16 06/02/16 1 of 4

PURPOSE To improve the safety and quality of life for residents of public housing by
providing notice of the exclusion of, or the limitation of, an individual’s
permission and/or authority to enter or remain upon premises and properties of
the New York City Housing Authority (NYCHA) as a result of certain arrests.

SCOPE This procedure has been developed as part of an ongoing effort to reduce crime
within New York City Housing Authority developments. Under this procedure,
persons arrested “On-Development,” as defined below, will be excluded from
entering New York City Housing Authority Property. Those excluded persons
who are found to have violated the terms of the NEW YORK CITY HOUSING
AUTHORITY TRESPASS NOTICE (PD672-120) will be arrested and
charged with trespass as outlined in Patrol Guide procedure 208-77, “Processing
Arrests Made Pursuant to the New York City Housing Authority Trespass Notice
Program.” Members must also be aware that the trespass offense must occur on
“NYCHA Property” which differs from “On-Development.” See Patrol Guide
procedure 208-77, “Processing Arrests Made Pursuant to the New York City
Housing Authority Trespass Notice Program” for a definition of “NYCHA
Property.”
DEFINITIONS ON-DEVELOPMENT – An arrest for felony sale of a controlled substance or
felony sale of marijuana will be subject to this process if it occurs on:
a. All New York City Housing Authority buildings, apartments, managers’
offices, maintenance areas, storage areas, etc.
b. All walkways, grounds, parking areas and development driveways
located within New York City Housing Authority developments.
c. Stores, laundries, community centers, childcare centers, senior citizen
centers, health stations, etc., which operate within New York City
Housing Authority buildings.
d. From the center line of streets which are contiguous to New York City
Housing Authority grounds inward toward New York City Housing
Authority buildings.
e. Entire city streets where Housing Authority developments are located on
both sides of the street. For those city streets where Housing Authority
developments are immediately adjacent to privately owned residences,
commercial establishments, etc., then only the length of the Housing
Authority development, from the center line of the street to the Housing
Authority development building line, will be considered an on-
development enforcement incident.
f. New York City Parks Department areas and playgrounds within or
immediately adjacent to New York City Housing Authority grounds.
g. New York City Department of Education playgrounds within or
immediately adjacent to New York City Housing Authority grounds.
h. Piers or bulkheads immediately adjacent to New York City Housing
Authority grounds.
NEW  YORK  CITY  POLICE  DEPARTMENT
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NOTE Housing development residents arrested under this program will be excluded from all
NYCHA properties and premises, other than their resident apartment and related
common areas within their resident development. (See Patrol Guide procedure 208-77,
“Processing Arrests Made Pursuant to the New York City Housing Authority Trespass
Notice Program”).

DEFINITIONS NYCHA TRESPASS DATABASE – A database maintained by the New York


(continued) City Housing Authority and accessible to members of the New York City Police
Department which identifies arrestees served with TRESPASS NOTICES under
this program. This database is accessible from all Department LAN terminals,
and contains current information regarding exclusions, conditions (if any), and
the status of appeals to these exclusions.

PROCEDURE Whenever a member of the service effects the arrest of an individual at least
sixteen years of age for felony sale of a controlled substance or for felony sale of
marijuana committed “On-Development,” as defined above, that member will, in
addition to appropriate arrest related procedures:

ARRESTING 1. Comply with P.G. 208-03, “Arrests – General Processing” and, in


OFFICER addition, prepare a NYCHA TRESPASS NOTICE and serve NOTICE
on arrestee.
a. A new TRESPASS NOTICE will be served on an arrestee each
time he/she is arrested for felony sale.

NOTE If the only basis for a felony criminal sale of marijuana arrest is that portion of Penal
Law 221.50, which states “knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marijuana to a person less than eighteen
years of age,” the arrestee WILL NOT be served with a TRESPASS NOTICE.

2. Complete all captions, sign and date as indicated on the TRESPASS


NOTICE.
a. If the individual claims to reside on NYCHA property, verify that
the address given is NYCHA property.

NOTE Addresses can be verified by contacting the desk officer of any PSA or the Housing Bureau
Wheel. Each PSA will maintain a current NYCHA property directory at the desk.

3. Telephone the Housing Bureau Wheel to obtain a


Trespass Notice log number.
4. Enter Trespass Notice log number on the original TRESPASS NOTICE.
5. Request the defendant sign and date the original TRESPASS NOTICE to
acknowledge receipt.
a. If the defendant refuses to sign the TRESPASS NOTICE,
arresting officer will enter REFUSED in the defendant’s signature
space, initial and date.
6. Make five copies of the signed TRESPASS NOTICE and serve a copy
on the arrestee.
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ARRESTING 7. Fax a copy of the signed TRESPASS NOTICE to the Housing Bureau
OFFICER Wheel.
(continued) 8. Telephone the Housing Bureau Wheel to confirm receipt of the fax.
9. Prepare a “Trespass Notice Package” and ensure all of the following
documents are included in the package:
a. The original signed copy of the TRESPASS NOTICE
b. Copy of computer generated ON LINE BOOKING SYSTEM
ARREST WORKSHEET (PD244-159)
c. Copy of computer generated COMPLAINT REPORT (PD313-
152)
d. Copy of PROPERTY CLERK INVOICE (PD521-141)
e. Copy of REQUEST FOR LABORATORY EXAMINATION
REPORT (PD521-168), when prepared
f. Copy of Search Warrant (not the application for a search warrant),
when applicable.
10. Deliver the NYCHA Trespass Notice package and four copies of the
TRESPASS NOTICE to the desk officer PSA/precinct of arrest.

DESK OFFICER 11. Review completeness and accuracy of all documents included in the
package.
12. Enter Trespass Notice log number in the Command Log with the original
arrest entry.
13. Forward completed NYCHA Trespass Notice package via Department
mail to the Housing Bureau Special Operations Section, 2768 Frederick
Douglas Blvd, Room H-507, New York, New York, 10013, Attention:
NYPD Trespass Program Liaison.
14. Distribute four copies of TRESPASS NOTICE as follows:
a. PSA of occurrence - to be maintained chronologically, in a binder
at the desk for future reference. (For Housing locations not
covered by a Police Service Area, file at desk of precinct covering
such Housing location)
b. District Attorney, with arrest package
c. Precinct of occurrence
d. Arresting officer

NOTE If the arresting officer is not assigned to the Housing Bureau, a copy of the TRESPASS
NOTICE will be sent to the PSA of occurrence.

NYPD 15. Enter all required information on excluded individuals into the NYCHA
TRESPASS Trespass Database and confirm Trespass Notice log number.
PROGRAM 16. Forward the Trespass Notice package to the NYCHA Trespass
LIAISON Coordinator.
17. Coordinate all related activities with the NYCHA Trespass Coordinator.
18. If Case for Legal Action is appropriate, comply with P.G. 214-07, “Cases
for Legal Action Program.”

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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POLICE 19. Query, on a daily basis, the “BADS” system to identify all arrests eligible
SERVICE for a TRESPASS NOTICE.
AREA CRIME 20. Contact the Housing Bureau wheel to verify that a TRESPASS NOTICE
ANALYSIS has been issued for each eligible arrest found in BADS.
UNIT 21. Record Trespass Log number on BADS printout and file chronologically.
22. Notify commanding officer when arresting officer fails to prepare a
completed NYCHA TRESPASS NOTICE.

NOTE For Housing locations not covered by a Police Service Area the precinct crime analysis
unit will perform steps 19 through 22.

COMMANDING 23. Confer with commanding officer concerned regarding non-compliance.


OFFICER

COMMANDING 24. Refer non-compliance incidents to integrity control officer.


OFFICER
CONCERNED

INTEGRITY 25. Investigate all incidents of non-compliance.


CONTROL 26. Initiate disciplinary action as appropriate.
OFFICER 27. If warranted, ensure that a TRESPASS NOTICE is issued by arresting
officer and remaining steps of this procedure are complied with.
a. TRESPASS NOTICE must be personally served on arrestee.

ADDITIONAL Responsibility for the verification of tenancy, and subsequent modifications to


DATA exclusions, rests with the Housing Authority.

Anytime a uniformed member of the service takes enforcement action, e.g. arrest or
summons, against a person on NYCHA property, member is required to query the
NYCHA Trespass Database to determine if person is in violation of a TRESPASS
NOTICE. (See Patrol Guide procedure 208-77, “Processing Arrests Made Pursuant to
the New York City Housing Authority Trespass Notice Program”).

RELATED Recording Enforcement Incidents (P.G. 207-33)


PROCEDURES Arrest – Removal to Department Facility for Processing (P.G. 208-02)
Arrests – General Processing (P.G. 208-03)
Interior Patrol of Housing Authority Buildings (P.G. 212-60)
Investigative Encounters: Requests for Information, Common Law Right of Inquiry and
Level 3 Stops (P.G. 212-11)
Cases for Legal Action Program (P.G. 214-07)
Processing Arrests Made Pursuant to the NYCHA Trespass Notice Program (P.G. 208-77)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS COMPLAINT REPORT (PD313-152)
PROPERTY CLERK INVOICE (PD521-141)
REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-161)
NYCHA TRESPASS NOTICE (PD672-120)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-77

PROCESSING ARRESTS MADE PURSUANT TO THE NEW YORK


CITY HOUSING AUTHORITY TRESPASS NOTICE PROGRAM
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/02/16 06/02/16 1 of 3

PURPOSE To effect an arrest of a person observed on “NYCHA Property,” as defined


below, in violation of the New York City Housing Authority Trespass Notice
Program.

SCOPE This program is part of a series of efforts to reduce crime within New York City
Housing Authority Developments. Whenever a uniformed member of the service
takes enforcement action, e.g. arrest or summons, on “NYCHA Property,” that
member is required to query the NYCHA Trespass Database to determine if that
person is in violation of a NEW YORK CITY HOUSING AUTHORITY
TRESPASS NOTICE (PD672-120) and thereby excluded from “NYCHA
Property.” This database is accessible from all Department LAN terminals. This
information is also available through the WNAM system, which can be accessed
via warrant checks conducted through Citywide I and Citywide II radio. It is
extremely important that members are aware of the difference in the definitions
of “On-Development” as contained in Patrol Guide procedure 208-76, “New
York City Housing Authority Trespass Notice Program,” and the definition of
“NYCHA Property” as defined below. By querying the database, members can
determine the current status of the exclusion and the conditions of the exclusion,
if any. In extenuating circumstances, the Housing Authority may authorize an
excluded individual to enter a specific Housing location in response to an
emergency. Upon granting permission, the Housing Authority will telephone the
information to the desk officer, police service area/precinct concerned.

Individuals identified under this program are excluded from entering any
NYCHA property within the city or, if a NYCHA resident, are excluded from
entering any NYCHA property other than their own apartment and the common
areas within their resident development. Excluded individuals may appeal an
exclusion to the New York City Housing Authority. Grounds for appeal may
include, but are not limited to, non-processed arrests, dismissed cases, or a not
guilty verdict in the originating charge(s).

DEFINITIONS NYCHA TRESPASS NOTICE PROGRAM – a program where individuals


arrested for felony sale of a controlled substance and/or felony sale of marijuana
“On-Development” as defined in Patrol Guide procedure 208-76, “New York
City Housing Authority Trespass Notice Program,” are served with a NYCHA
TRESPASS NOTICE (PD672-120). Said individuals are therefore excluded
from all NYCHA Property as described below.

NYCHA PROPERTY – for the purposes of this procedure include:


a. All New York City Housing Authority buildings, apartments, manager’s
offices, maintenance areas, storage rooms, etc.
b. All walkways, grounds, parking areas and development driveways
located within New York City Housing Authority developments.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-77 06/02/16 2 of 3

DEFINITIONS c. Laundries, community centers, childcare centers, senior citizen centers,


(continued) etc. which operate within New York City Housing Authority buildings.

RESIDENCE EXCEPTION – residents of housing developments excluded under


this program are excluded from all NYCHA property other than their resident
apartment at the address provided on the TRESPASS NOTICE and the common
areas within their resident development.

COMMON AREAS – All areas on NYCHA Property to which all tenants are
authorized to have access in connection with their tenancies other than their own
apartments. These include management and other business offices, community,
child care, and senior citizen centers, laundry rooms, playgrounds, sidewalks,
walkways, and parking lots within their resident developments.

PROCEDURE Whenever a uniformed member of the service takes enforcement action against a
person on NYCHA property as described above:

UNIFORMED 1. Comply with all applicable Department procedures, and in addition, query
MEMBER OF the NYCHA Trespass Database either through WNAM or by contacting
THE SERVICE the precinct/PSA desk.
a. If a person is in violation of the terms of the TRESPASS
NOTICE, (either as the primary or additional charge) effect
arrest, remove to precinct/Police Service Area and process arrest.

NOTE Members of the service can also query the WNAM system via warrant checks conducted
through Citywide I and Citywide II radio. However, members are advised that a radio
code response of “10-19H” DOES NOT indicate that a subject is wanted. Radio code
“10-19H” is intended solely to inform the member that the subject may have been
previously issued a TRESPASS NOTICE and may be subject to arrest only if found on
“NYCHA Property” as defined in this procedure.

NYCHA residents and non-residents should not be arrested for trespass under this
program if they are encountered on “NYCHA Property” and they are at, enroute to, or
leaving from police facilities, parole offices, medical facilities, or stores, as long as they
have utilized a direct route between the location and the nearest city street.

2. Charge arrestee as follows:


a. P.L. 140.15, Criminal Trespass, 2nd Degree, “A” Misdemeanor, if
individual was within a residential building on NYCHA Property.
b. P.L. 140.10, Criminal Trespass 3rd Degree “B” Misdemeanor if
individual was within a non-residential building on NYCHA
Property.
c. P.L. 140.05, Trespass, Violation, if individual was outside of a
building on NYCHA Property.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-77 06/02/16 3 of 3

NOTE INDIVIDUALS CHARGED WITH TRESPASS OR CRIMINAL TRESPASS UNDER THIS


PROGRAM WILL BE ARRESTED AND WILL NOT BE ELIGIBLE FOR A SUMMONS
OR A DESK APPEARANCE TICKET.

UNIFORMED 3. Prepare a package of the following documents:


MEMBER OF a. Generate a Trespass Notice Report from the NYCHA Trespass
THE SERVICE Database and include with arrest paperwork.
(continued) b. Include a copy of the TRESPASS NOTICE which was violated
by the arrestee, if available, with arrest paperwork.
4. Telephone Housing Bureau Wheel with details of arrest.
5. Deliver all paperwork to desk officer for review.

DESK OFFICER 6. Examine all forms to ensure completeness and accuracy.


PSA/PRECINCT 7. Make a Command Log entry indicating that notification to Housing
OF ARREST Bureau Wheel has been made including name of member of the service
notified.
8. Forward copies, via Department mail, of the ON-LINE BOOKING
SYSTEM ARREST WORKSHEET (PD244-159) and the Trespass
Notice Report to the Housing Bureau Special Operations Section at 2768
Frederick Douglas Blvd., Room H-507, New York, New York, 10013
Attention: NYPD Trespass Program Liaison.

NYPD 9. Enter all required information regarding trespass arrests into the NYCHA
TRESPASS Trespass Database.
PROGRAM 10. Forward a copy of the appropriate paperwork to the NYCHA Trespass
LIAISON Coordinator.
11. Ensure that a Case for Legal Action is initiated, as directed in P.G. 214-
07, “Cases for Legal Action Program,” if appropriate.

RELATED Recording Enforcement Incidents (P.G. 207-33)


PROCEDURES Arrest – Removal to Department Facility for Processing (P.G. 208-02)
Interior Patrol of Housing Authority Buildings (P.G. 212-60)
Investigative Encounters: Requests for Information, Common Law Right of Inquiry and
Level 3 Stops (P.G. 212-11)
Cases for Legal Action Program (P.G. 214-07)
New York City Housing Authority Trespass Notice Program (P.G. 208-76)

FORMS AND ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS COMPLAINT REPORT (PD313-152)
PROPERTY CLERK INVOICE (PD521-141)
REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168)
NYCHA TRESPASS NOTICE (PD672-120)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-78

RETURNING AN INDIVIDUAL TO COURT TO VACATE A


SUMMONS ADJUDICATION PART (SAP) WARRANT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/27/18 09/27/18 1 of 2

PURPOSE To provide uniformed members of the service with direction when


encountering an individual with an active Summons Adjudication Part (SAP)
warrant during the course of taking enforcement action.

PROCEDURE When a person is found to have an active SAP warrant from any New York City
Court:

UNIFORMED 1. Remove person to command concerned for investigation.


MEMBER OF a. Utilize appropriate Department resources to verify that SAP
THE SERVICE warrant is active.
(1) Print a copy of the SAP warrant.
2. Process arrest in accordance with P.G. 208-03, “Arrests – General
Processing,” if person committed a crime in addition to the SAP
warrant.
a. Issue Criminal Court summons in accordance with P.G. 209-09,
“Personal Service of Summonses Returnable to Traffic
Violations Bureau or Criminal Court,” if person committed a
violation in addition to the SAP warrant and is otherwise
eligible.
(1) Ensure that the return date on the new summons is the
date the defendant will appear before the judge (the same
day or the next day, depending on what time the
defendant is stopped).

IF PERSON IS ISSUED A CRIMINAL COURT SUMMONS

DESK OFFICER 3. Utilize the bar code reader to scan the served Criminal Court summons
into Electronic Summons Tracking System (ESTS).
4. Scan the “Original” copy of the Criminal Court summons into the
network scanner.
5. Create a new summons envelope transmittal for the “Original” copy of
the Criminal Court summons in ESTS and scan the Criminal Court
summons directly to court.

UNIFORMED 6. Return defendant to the County Criminal Court Arraignment Part in the
MEMBER OF county where the defendant was stopped for the current violation, no
THE SERVICE matter where the SAP warrant(s) were issued, in order for the defendant
to appear on the warrant and to adjudicate the summons issued for the
current violation or infraction.
a. The summons issuing officer does not have to be the escorting
officer.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-78 09/27/18 2 of 2

UNIFORMED 7. Provide the “Original” copy of the Criminal Court summons prepared
MEMBER OF for the current violation or infraction, as well as a copy of the
THE SERVICE warrant(s), to the Associate Court Clerk of the Criminal Court
(continued) Arraignment Part.
8. Remain with defendant while Court staff retrieve the appropriate file(s)
and/or add the matter(s) to the Court’s calendar.
9. Bring defendant before the Court to adjudicate both the Criminal Court
summons issued for the current violation or infraction and the
outstanding warrant(s), when called.
10. Be guided by the judge, court staff, and members of the service
assigned to the borough Court Section regarding the release or
continued custody of the defendant.

ADDITIONAL A SAP warrant is a bench warrant issued by the Court to secure the attendance of a
DATA defendant who fails to appear for a court date in response to a Criminal Court summons.
SAP warrants are distinguished by a docket number that begins with a four digit year,
followed by an “S” and a letter corresponding to the Court that issued the warrant (e.g.,
N-New York County Criminal, K-Kings County Criminal, X-Bronx County Criminal, Q-
Queens County Criminal, R-Richmond County Criminal, B-Red Hook Community
Justice Center, and C-Midtown Community). For example, a warrant bearing docket
number 2015SN123456 is a SAP warrant issued by the New York County Criminal
Court. Furthermore, an OCA designation beginning with “A” or “B” also indicates a
SAP warrant issued by the Criminal Court (e.g., OCA No: A1999138449).

When a Criminal Court summons is issued an ON LINE BOOKING SYSTEM


ARREST WORKSHEET (PD244-159) is not completed nor is an arrest number
generated, as the Criminal Court summons serves as the accusatory instrument.

RELATED Arrests – General Processing (P.G. 208-03)


PROCEDURES Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Arrest on a Warrant (P.G. 208-42)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-79

DIVERSION OF INDIVIDUALS ARRESTED FOR A TOP PENAL LAW


CHARGE OF CRIMINAL POSSESSION OF A CONTROLLED
SUBSTANCE, 7TH DEGREE (PL 220.03)
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/04/19 03/04/19 1 of 3

PURPOSE To divert eligible individuals arrested for a top Penal Law charge of Criminal
Possession of a Controlled Substance, 7th Degree (PL 220.03) within the
Boroughs of Brooklyn, Manhattan and Staten Island, and the 40th, 42nd, 46th, and
48th Precincts, including transit districts and police service areas, respectively, to
drug treatment programs and services, and forego criminal prosecution.

SCOPE This procedure ONLY applies to individuals arrested for a top Penal Law charge
of Criminal Possession of a Controlled Substance, 7th Degree (PL 220.03) within
the Boroughs of Brooklyn, Manhattan and Staten Island, and the 40th, 42nd, 46th,
and 48th Precincts, including transit districts and police service areas,
respectively, and excludes the Borough of Queens. Arrests of individuals made in
a non-participating borough or command will comply with P.G. 208-03, “Arrests
– General Processing,” and P.G. 208-27, “Desk Appearance Ticket – General
Procedure.” If an individual faces additional higher charges as determined by
P.G. 207-01,“Complaint Reporting System,” they will not be eligible for
diversion under this procedure.

PROCEDURE When a uniformed member of the service makes an arrest of an individual for a top
Penal Law charge of Criminal Possession of a Controlled Substance, 7th Degree
within the Boroughs of Brooklyn, Manhattan and Staten Island, and the 40th, 42nd,
46th, and 48th Precincts, including all transit districts and police service areas:

ARRESTING 1. Determine if arrestee with a top Penal Law charge of Criminal Possession
OFFICER of a Controlled Substance, 7th Degree (PL 220.03) is eligible to be
processed for a DESK APPEARANCE TICKET (PD260-122) as per
P.G. 208-27,“Desk Appearance Ticket – General Procedure.”

IF ELIGIBLE FOR RELEASE ON A DESK APPEARANCE TICKET:

ARRESTING 2. Process arrestee for DESK APPEARANCE TICKET, if eligible, and


OFFICER notify appropriate borough District Attorney Diversion Resource
Coordinator, 24 hours a day, 7 days a week.
3. Notify desk officer that arrestee qualifies for a DESK APPEARANCE
TICKET, and is eligible for diversion.
4. Inform arrestee that they are eligible for diversion, and that:
a. Participation is voluntary;
b. Participation must be approved by the District Attorney;
c. Successful participation will eliminate the need to appear in court,
and will result in the current arrest record being sealed.
5. Obtain working contact telephone number for arrestee.
a. Record telephone number on ON-LINE BOOKING SYSTEM
ARREST WORKSHEET (PD244-159).
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-79 03/04/19 2 of 3

ARRESTING 6. Make notification of approved DESK APPEARANCE TICKET to


OFFICER appropriate borough District Attorney Diversion Resource Coordinator,
(continued) 24 hours a day, 7 days a week, and obtain return date and approximate
arrival of Program Peer Responder.
7. Notify desk officer of notification to borough District Attorney Diversion
Resource Coordinator and approximate arrival time of Program Peer
Responder.
a. Make second call to borough District Attorney Diversion
Resource Coordinator, if Program Peer Responder does not arrive
in a reasonable amount of time.
8. Enter “DIVERSION” in block letters at top of DAT ARREST
PACKAGE (PD260-123) and complete all relevant captions on front of
envelope.

DESK OFFICER 9. Enter times of each notification to borough Diversion Resource


Coordinator, and arrival and departure time of Program Peer Responder
in margin of Command Log entry regarding arrest.
10. Ensure arrestee has received printed program materials.

NOTE The desk officer will ensure that the arrestee understands that if a choice not to
participate in the drug diversion program is made, they must appear in court on the
return date as directed on the DESK APPEARANCE TICKET, and that failure to
appear in court as directed will result in a warrant being issued for their arrest.

11. Inform arrestee that after release, a Program Peer Responder will be
present to meet with them regarding diversion.

NOTE A Program Peer Responder will report directly to the command and provide diversion
program information, a naloxone kit, and other program materials to the arrestee only after
they have been released on a DESK APPEARANCE TICKET.

12. Inform arrestee that if a choice is made not to meet with a Program Peer
Responder, they may still opt-in to diversion program by calling listed
number on program materials within seven days after issuance of DESK
APPEARANCE TICKET.
13. Direct issuance of DESK APPEARANCE TICKET and release arrestee as
per P.G. 208-27, “Desk Appearance Ticket – General Procedure.”

NOTE If return date falls on a Saturday, Sunday, or holiday when court is closed, issue return date for
the next day when court is open.

14. Provide arrestee with copy of DESK APPEARANCE TICKET upon


release.
15. Allow released individual to meet with Program Peer Responder in a
private setting in vicinity of the desk.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-79 03/04/19 3 of 3

NOTE Every effort should be made for this meeting to take place at the command, in as private
a setting as possible, and without interference from police personnel. The Program Peer
Responder can also choose to conduct this meeting outside of the command. If the
Program Peer Responder does not arrive at the command by the time of release, the
released individual may wait a reasonable amount of time in the command waiting area,
if they so choose.

DESK OFFICER 16. Expedite delivery of DAT ARREST PACKAGE to overhead command.
(continued)

IF NOT ELIGIBLE FOR RELEASE ON A DESK APPEARANCE TICKET:

ARRESTING 17. Process as online arrest as per P.G. 208-03, “Arrests – General
OFFICER Processing.”

ADDITIONAL The desk officer, command of arrest, will have ultimate decision making authority
DATA regarding the issuance of a DESK APPEARANCE TICKET and referral for diversion.
This provides flexibility to respond to information, or circumstances known only to
supervisors at the command of arrest. All efforts should be made in every case to issue a
DESK APPEARANCE TICKET if the arrestee is eligible, and refer the arrestee for
diversion.

RELATED Complaint Reporting System (P.G. 207-01)


PROCEDURES Arrests – General Processing (P.G. 208-03)
Desk Appearance Ticket – General Procedure (P.G. 208-27)

FORMS AND DAT ARREST PACKAGE (PD260-123)


REPORTS DESK APPEARANCE TICKET
ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Arrests Procedure No: 208-80

VACATING SUMMONS ADJUDICATION PART (SAP) WARRANT(S)


FOR VICTIMS/COMPLAINANTS AND/OR AIDED INDIVIDUALS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 3

PURPOSE To vacate a Summons Adjudication Part (SAP) warrant(s) for eligible


victims/complainants and/or aided individuals.

DEFINITION SAP WARRANT – A warrant issued by the Summons Adjudication Part Court
to secure the attendance of a defendant who fails to appear for a court date in
response to a summons.

PROCEDURE When interacting with a victim/complainant and/or aided individual, and it is


determined that the person is also the subject of a SAP warrant(s):

UNIFORMED 1. Render police assistance as required.


MEMBER OF 2. Verify status of SAP warrant as described in P.G. 208-22, “Performing
THE SERVICE Local, State and Federal Warrant Checks.”
a. Comply with P.G. 208-42, “Arrest on a Warrant,” if inquiry
reveals a misdemeanor or felony warrant.
b. Comply with P.G. 208-23, “Computerized Investigation Card System,”
if inquiry reveals an INVESTIGATION CARD (PD373-163).
3. Inform victim/complainant and/or aided individual of existence of SAP
warrant(s), and offense charged, unless physical resistance, flight or other
factors make notification impractical.
4. Present warrant, if requested, or as soon as possible, if not possessed at
the time.
5. Remove the individual to a command facility, when appropriate, in order
to conduct a more thorough investigation.
6. Notify desk officer of circumstances of police interaction and the existence of
any active warrants.

DESK OFFICER 7. Make Command Log entry regarding details, including:


a. Circumstances necessitating police interaction
b. Any applicable OCA/Docket numbers.
8. Confer with uniformed member of the service and detective squad supervisor
to determine whether a compelling law enforcement or public safety
concern exists necessitating arrest of individual.
a. Factors to consider when making this determination include, but are
not limited to:
(1) Circumstances that resulted in individual seeking police
assistance
(2) Underlying charge and date that SAP warrant(s) was issued
(3) Warrant history of individual
(4) Existence of any active probable cause or suspect
INVESTIGATION CARD for individual.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-80 03/18/19 2 of 3

DESK OFFICER 9. Direct uniformed member to arrest individual and comply with steps “15”
(continued) through “16” below, only if it is determined that a compelling law
enforcement or public safety concern exists.
a. Ensure all appropriate notifications are made.
10. Direct uniformed member to complete REQUEST TO VACATE SAP
WARRANT (PD274-160), if appropriate.

UNIFORMED 11. Complete and sign Part 1, and have defendant sign and date Part 2, of
MEMBER OF REQUEST TO VACATE SAP WARRANT.
THE SERVICE a. Fax completed form to Office of Court Administration.
b. Verify fax was received.
12. Await receipt of returned REQUEST TO VACATE SAP WARRANT
with Part 3 completed by Office of Court Administration.
a. Inform defendant of new return date and/or advise individual that if
he/she does not appear on new return date, a new warrant will be
issued for his/her arrest.
b. Provide defendant with copy of warrant and copy of completed
REQUEST TO VACATE SAP WARRANT, if applicable.
c. Release defendant from custody.

NOTE Unless circumstances dictate otherwise, arresting officer should expect to wait a reasonable
amount of time (i.e., approximately one hour) before receiving a response from the
Office of Court Administration. This delay is necessary for the Office of Court
Administration to review the defendant’s case file and make an informed determination
as to whether or not to vacate the warrant and issue a new return date.

DESK OFFICER 13. Make Command Log entry regarding facts and circumstance; including
time defendant was released from Department custody.
a. Entry should include decision of the Office of Court Administration and
new return date, if applicable.

COMMAND 14. File a copy of warrant and original completed REQUEST TO VACATE
CLERICAL SAP WARRANT at command.
MEMBER

WHEN OFFICE OF COURT ADMINISTRATION IS CLOSED, OR


DECLINES TO VACATE THE WARRANT(S), OR THE DECISION IS MADE
TO ARREST

UNIFORMED 15. Return individual wanted on SAP warrant(s) as per P.G. 208-78,
MEMBER OF “Returning an Individual to Court to Vacate a Summons Adjudication
THE SERVICE Part (SAP) Warrant.”
16. Notify desk officer of detention of prisoner.

DESK OFFICER 17. Make Command Log entry regarding detention of prisoner.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

208-80 03/18/19 3 of 3

ADDITIONAL This procedure only applies to SAP warrants issued by a court located within the five
DATA boroughs of New York City. Warrants for low-level offenses issued outside New York City are
not eligible to be vacated in accordance with this procedure.

Uniformed members of the service are further instructed not to charge individuals with
violating Penal Law 215.55, “Bail Jumping in the Third Degree,” or Penal Law 215.58,
“Failing to Respond to an Appearance Ticket,” if they are eligible to have a SAP warrant
vacated in accordance with this procedure.

RELATED Performing Local, State and Federal Warrant Checks (P.G. 208-22)
PROCEDURES Computerized Investigation Card System (P.G. 208-23)
Arrest on a Warrant (P.G. 208-42)
Returning an Individual to Court to Vacate a Summons Adjudication Part (SAP)
Warrant (P.G. 208-78)
Hospitalized Prisoners (P.G. 210-02)
Release of Prisoners (P.G. 210-13)
Documenting and Reporting Court Appearances Pertaining to Arrests on a Warrant
(P.G. 211-08)

FORMS AND INVESTIGATION CARD (PD373-163)


REPORTS REQUEST TO VACATE SAP WARRANT (PD274-160)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-01

CONDITIONS OF SERVICE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/01/18 10/01/18 1 of 2

PURPOSE To inform uniformed members of the service of various sections of law under
which summonses/notices of violations may be served.

PROCEDURE A uniformed member of the service is authorized to issue a summons/notice of


violation instead of arresting the violator, when the violator is 16 years old or
more (except when violator is unable to care for self due to illness, injury,
intoxication, or any other circumstance which would preclude the issuance of a
summons/notice of violation), for the following:

1. ANY MISDEMEANOR OR VIOLATION LISTED IN THE:

 Agriculture and Markets Law, concerning animals

 General Business Law

 Labor Law

 Multiple Dwelling Law

 Workers Compensation Law

 New York State Tax Law, Article 21, Section 289, (Highway Use Tax)

 Alcoholic Beverage Control Law (Sections 64B, 65, 100, 101, 101a,
101b, 103, 104, 104a, 105, 105a, 106, 108, 114, 116 and 117)

 Navigation Law (Sections 33, 40, 41, 43, 44, 45, 47, 70, 71, and 73)

 Vehicle And Traffic Law, except:

 Section 600 Leaving Scene Of Personal Injury Collision

 Section 380 Motor Vehicle Transporting Dangerous Articles

 Section 392 False Statement, Alteration Of Records Or


Substitution In Connection With Examination

 Section 392a Sale Of False License, Certificate Of


Registration Or Number Plate

 Section 421 Sale Of Motor Vehicle Or Motorcycle With


Changed Identification Number

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-01 10/01/18 2 of 2

PROCEDURE  Section 422 Wrongful Possession Of Motor Vehicle Or


(continued) Motorcycle With Changed Identification
Number

 Section 423 Peace Officer’s Duties Re: Stolen Motor


Vehicles And Motorcycles With Changed
Identification Number

 Section 426 False Statement, Sale or Transfer Of Stolen


Motor Vehicle or Motorcycle

 Section 1192 Operating Motor Vehicle Or Motorcycle


While In Intoxicated Condition Or Ability
Is Impaired By Use Of Drugs Or Alcohol.

 New York City Charter

 New York City Administrative Code (except Section D46-18.0 Cigarette Tax)

 New York City Health Code

 New York City Traffic Regulations (except Section 148)

 New York Code Of Regulations - Part 1050

 For any misdemeanor or violation listed in any provisions of any code,


rule, regulation or order enacted by any bureau, authority, agency or
commissions affecting facilities located in the City of New York.

NOTE Members of the service shall NOT ordinarily issue summonses for local license plate
cover violations (Section 402 of the New York State Vehicle and Traffic Law/Code 74 of
the New York City Traffic Rules) to vehicles bearing out-of-state license plates. Such a
summons should be issued only if the member of the service is aware that the controlling
law in the motorist’s home state also prohibits license plate covers.

2. ALL PENAL LAW VIOLATIONS, EXCEPT:

 Section 100 Criminal Solicitation

 Section 215.58 Failure To Respond To Appearance Ticket

 Section 240.40 Appearance In Public Under The Influence Of


Narcotics Or A Drug Other Than Alcohol
NOTE Individuals 16 years of age may receive Criminal Court summonses for all violations,
subject to applicable Department policy, and only for misdemeanors outlined in the New
York State Vehicle & Traffic Law (VTL), if otherwise eligible.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
Section: Summonses Procedure No: 209-02

SUMMONSES AND NOTICES OF VIOLATION


RETURNABLE AGENCIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 1

PURPOSE To inform uniformed members of the service of agencies having jurisdiction over
different summonsable offenses.

OFFENSES PROCESSED AGENCY

Stopping, Standing and Parking offenses N.Y.C. Department of Finance, Parking


Violations Operations.

Traffic infractions other than Stopping, Standing N.Y.S. Department of Motor Vehicles, Traffic
and Parking (including traffic infractions Violations Bureau.
committed by bicyclists)

Pedestrian offenses and traffic misdemeanors N.Y.C. Criminal Court

Garages and parking lots N.Y.C. Criminal Court

All other summonsable offenses, except violations N.Y.C. Criminal Court


of Office of Administrative Trials and Hearings
(OATH) and Transit Adjudication Bureau

Food Vendor Regulations Office of Administrative Trials and Hearings


General Vendor Regulations (OATH)
Health Code Violations
Public Health Law (Canine Waste)
Noise Code Provisions
Sanitation Provisions
Air Code Provisions
Graffiti Law Violations

NOTE For summonses returnable to OATH refer to COMMON OFFENSES RETURNABLE TO


THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS (OATH) (PD160-013).

RELATED Conditions of Service (P.G. 209-01)


PROCEDURES Personal Service of a Summons Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)

FORMS AND COMMON OFFENSES RETURNABLE TO THE OFFICE OF ADMINISTRATIVE


REPORTS TRIALS AND HEARINGS (OATH) (PD160-013)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-03

CIVIL SUMMONS RETURNABLE TO THE OFFICE OF


ADMINISTRATIVE TRIALS AND HEARINGS (OATH) -
CRIMINAL JUSTICE REFORM ACT (CJRA)
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/15/19 05/15/19 1 of 4

PURPOSE To inform uniformed members of the service of the procedures to be followed


when personally serving a Civil Summons Returnable to the Office of
Administrative Trials and Hearings (OATH) for a Criminal Justice Reform Act
(CJRA) of 2016 violation.

SCOPE Qualified individuals are eligible to receive a Civil Summons Returnable to the
Office of Administrative Trials and Hearings (OATH) for violations of certain
sections of New York City Administrative Code, and Title 56 of the Rules of the
City of New York (New York City Park Rules), as specified in the Criminal
Justice Reform Act (CJRA) of 2016.

The following violations may be written as a violation on a Civil Summons


Returnable to the Office of Administrative Trials and Hearings (OATH):
1. Open Container, NYC Administrative Code Section 10-125 (b)
2. Public Urination, NYC Administrative Code Section 16-118(6)
3. Littering, NYC Administrative Code Section 16-118 (1) (a)
4. Spitting, NYC Administrative Code Section 16-118 (1) (b)
5. Excessive Noise, NYC Administrative Code Section 24-218 (used when
not removing a sound reproduction device)
6. Violations of Title 56 of the Rules of the City of New York (New York
City Park Rules).

A Civil Summons Returnable to OATH will not be written in the transit system
when issuing summonses under the New York City Transit Rules and Regulations.

When issuing a summons returnable to OATH or Criminal Court for the above
violations, uniformed members of the service will use the above codes. Do not
use NYC Health Codes for these violations.

DEFINITIONS CRIMINAL JUSTICE REFORM ACT OF 2016 – A series of laws passed by the
New York City Council that allows certain violations of the New York City
Administrative Code, and New York City Park Rules to be eligible for a Civil
Summons Returnable to the Office of Administrative Trials and Hearings.

THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS (OATH) –


An administrative law court that is responsible for adjudicating civil summonses.

OATH RECIDIVIST – A person identified as an OATH recidivist will not be eligible


for a Civil Summons Returnable to OATH. An OATH recidivist is a person who:
1. Has two or more felony arrests in the past two years
2. Has three or more unanswered Civil Summonses Returnable to
OATH in the past eight years
3. Is on parole or probation.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
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PROCEDURE When issuing a Civil Summons Returnable to OATH:

UNIFORMED 1. Inform violator of offense committed, unless physical resistance, flight,


MEMBER OF or other factors render such notification impractical.
THE SERVICE 2. Request violator to show proof of identity and residence.
3. Establish violator’s identity and mailing address through observation of
valid identification documents.

NOTE As a general rule, the following forms of government photo identification are considered
valid forms of identification:
a. Valid Photo Driver License
b. Valid passport
c. Citizenship or naturalization papers
d. New York State Non-Driver Identification
e. New York State Driver Permit
f. Municipal Identification Card (ID NYC)
g. Other government photo identification.

Members should note that these are general guidelines, and other forms of identification
may be acceptable.

a. If violator does not possess a valid form of identification, remove


the violator to the command.
4. Request a name check through Communications Section, and/or through
the use of a mobile device:
a. If the violator has an active warrant or an active
INVESTIGATION CARD (PD373-163) labeled, “Perpetrator –
Probable Cause to Arrest,” remove the violator to the command
b. If the violator is identified as an OATH recidivist as defined in
this procedure, issue a summons returnable to Criminal Court for
the violation and check “NYPD CODE 1” in the appropriate space
on the summons.

NOTE If a violator is stopped for multiple offenses and at least one of the offenses is a non-
CJRA violation answerable in Criminal Court, the summonsing officer will document all
violations on summonses returnable to Criminal Court. Summonsing officer must check
“NYPD CODE 4” in appropriate space on all summonses.

5. Issue summonses in numerical order in accordance with P.G. 209-36,


“Electronic Summons Tracking System.”
6. Use black or blue ink ballpoint pen and legibly print information in block letters.
7. Enter all available information required by captions on summons.
a. Include return date provided by desk officer/counterpart at roll call.
8. Record only one violation per summons.
a. Use separate summons for each additional offense.
9. When practical and consistent with personal safety, advise violator that
instructions on how to answer summons, and location of appropriate
OATH hearing center, are located on the rear of summons.
NEW  YORK  CITY  POLICE  DEPARTMENT
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UNIFORMED 10. Request patrol supervisor to respond to location to verify issuance of


MEMBER OF Criminal Court summons, if legitimate law enforcement reason exists for
THE SERVICE not issuing Civil Summons Returnable to OATH.
(continued)

PATROL 11 Respond to location to verify issuance and circumstances of Criminal


SUPERVISOR Court summons written under the law enforcement exception.
a. Ensure officer details reason in ACTIVITY LOG (PD112-145).

UNIFORMED 12. Issue Criminal Court summons as per P.G. 209-09, “Personal Service of
MEMBER OF Summonses Returnable to Traffic Violations Bureau or Criminal Court”
THE SERVICE after verification by patrol supervisor and check “NYPD CODE 3” in
appropriate space on summons.

IF VIOLATOR IS REMOVED TO THE COMMAND

DESK OFFICER 13. Question the officer regarding the circumstances of the incident and make
Command Log entry.
a. Entry will include:
(1) Name, address, and physical description of the violator
(2) Location, time of incident, and reason for removal to
command
(3) Name, rank, shield number of member who brought
violator to command
(4) Offense(s) charged and serial number(s) of summons(es)
served
(5) Time the violator entered and departed the command.
14. If the violator has an active arrest warrant, direct the arresting officer to
issue a summons returnable to Criminal Court for the precipitating
violation and direct an officer to return the violator to the issuing court.
a. Ensure summonsing officer checks “NYPD CODE 2” in the
appropriate space on the summons.
b. The summonsing officer does not have to be the escorting officer.
c. If the court is not in session, direct the member to process the
violator as an online arrest.
15. Comply with P.G. 208-23, “Computerized Investigation Card System,” if
an active INVESTIGATION CARD labeled, “Perpetrator – Probable
Cause to Arrest” exists, and:
a. Release violator to responding detective, after issuance of summons
returnable to Criminal Court, unless violator is processed as an
online arrest
(1) Ensure summonsing officer checks “NYPD CODE 2” in
the appropriate space on the summons
b. DO NOT release a violator with an active INVESTIGATION
CARD labeled, “Perpetrator – Probable Cause to Arrest,” if no
detective is available to re-arrest the violator
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DESK OFFICER (1) In this situation, process the violator as an online arrest and
(continued) inform the assigned Assistant District Attorney of the
circumstances.
16. If the violator does not have proper identification, make every effort to
identify the violator.
a. This could include, but is not limited to, allowing violator to contact a
third party in order to obtain appropriate identification and proof of
residence or using Department computer systems and devices,
including the viewing of digital booking photos, querying the Domain
Awareness System (DAS) and by using a Mobile Identification
Device, if available to ascertain the identity of the violator.
b. If the violator cannot reasonably be identified, process as an
online arrest.

IN ALL CASES

OPERATIONS 17. Designate a member of the service to enter information from Civil
COORDINATOR Summons Returnable to OATH into the Finest Online Records
Management System (FORMS) application.

ADDITIONAL The desk officer will make the final determination as to whether the violator’s identity,
DATA residence, and active warrant and INVESTIGATION CARD history have been
ascertained and verified.

Nothing in this procedure precludes officers from judiciously warning and admonishing
individuals for violations of New York City Administrative Codes, the Rules of the City
of New York, or New York City Park Rules or summonsing/arresting violators when a
corresponding crime exists.

Reason Codes noted on a summons returnable to Criminal Court:

Code 1- Violator is an OATH Recidivist and not eligible for a Civil Summons Returnable to OATH

Code 2- Violator has a warrant or Probable cause I-Card and is being returned to issuing
court to adjudicate warrant and summons or being arrested on a separate charge

Code 3- Officer articulated a legitimate law enforcement reason to issue a summons


returnable to Criminal Court in lieu of OATH for a CJRA violation

Code 4- Violation cited is not covered under the CJRA (i.e., Penal Law violations) OR
subject violated multiple rules in which at least one is returnable to Criminal Court (all
summonses returnable to Criminal Court).

RELATED Computerized Investigation Card System (P.G. 208-23)


PROCEDURES Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Electronic Summons Tracking System (P.G. 209-36)

FORMS AND INVESTIGATION CARD (PD373-163)


REPORTS ACTIVITY LOG (PD112-145)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-04

SUMMONS RETURN DATE AND TIME


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 1

PURPOSE To ensure that correct information concerning time, date and location of court is
given to respondent in various summons cases.

PROCEDURE When issuing a summons, a uniformed member of the service will:

UNIFORMED 1. Make summons returnable as follows:


MEMBER OF
THE SERVICE CRIMINAL COURT
a. As per FINEST Message transmitted daily.
b. Enter address of borough Criminal Court in appropriate caption of
the summons.
c. Enter room number in box captioned “Summons Part.”

TRAFFIC VIOLATIONS BUREAU


a. Advise motorist to answer summons in accordance with the
instructions printed on the summons.

TRANSIT ADJUDICATION BUREAU


a. Make return date twenty-eight calendar days from date of
issuance, unless return date falls on weekend, regular day off or
holiday. If return date falls on weekend, regular day off or
holiday, make returnable on next business day thereafter.

PARKING VIOLATIONS
a. Do not enter time or date returnable for summonses returnable to
Parking Violations. (Information for violator is printed on the
summons).

OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS


a. Comply with applicable provisions of P.G. 209-12, “Personal
Service of Civil Summons Returnable to the Office of Administrative
Trials and Hearings (OATH) - General Procedure - Non-CJRA
Offenses.”

NOTE If respondent in an OATH case pleads “Not Guilty,” the roll call clerk will be notified
by borough Court Section personnel and the member concerned will be put on Court
Alert.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-06

QUALITY CONTROL PROCEDURES FOR THE PROCESSING OF


SUMMONSES RETURNABLE TO CRIMINAL COURT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4

PURPOSE To establish quality control procedures for the processing of summonses


returnable to Criminal Court and for processing improperly prepared summonses
returned to this Department for corrective action.

PROCEDURE To process Criminal Court summonses:

OPERATIONS 1. Transmit daily, the return date for Criminal Court summonses issued, and
UNIT the color of the day via the FINEST system.

DESK OFFICER/ 2. Announce summons return date and color of the day at roll call.
COUNTERPART 3. Advise communications dispatcher of summons return date along with the
“Rundown” at the onset of tour.
4. Do NOT forward any summons returnable to Criminal Court if improperly
prepared.
5. Process improperly prepared summonses as follows:
a. Invalid return date listed – void summons in accordance with P.G.
209-18, “Summonses Served or Prepared in Error.”
b. Criminal Court “Information” section is left blank or unsigned, or
summons written for marijuana offense is not accompanied by
MARIJUANA SUPPORTING DEPOSITION/FIELD TEST
REPORT (PD381-145) – place in a separate envelope marked “Training
Sergeant” and forward direct to the command’s training sergeant.
c. Summons issued for Penal Law Section 240.35, “Loitering”
subsections 1, 3 or 7 – place in a separate envelope marked
“Operations Coordinator” and forward direct to the command’s
operations coordinator.

NOTE MEMBERS WILL NOT MAKE ANY MODIFICATIONS TO SUMMONSES OTHER


THAN CORRECTING THE ERRORS LISTED ABOVE. Under no circumstances will a
modification be made to a summons that will result in the court or agency copies having
different information than the defendant’s copy. ALL SUMMONSES MUST BE
CORRECTED AND RETURNED BY THE FOLLOWING BUSINESS DAY.

CRIMINAL 6. Report to Manhattan Criminal Court, 1 Centre St., 16th Floor, by 1000
JUSTICE hours, on days when court is in session.
BUREAU 7. Obtain summonses that the court has designated for return to this Department.
MESSENGER 8. Deliver summonses to bureau of issuing member. (i.e., Detective Bureau,
Transit Bureau, Chief of Transportation, Patrol Services Bureau, Housing
Bureau, etc.).

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BUREAU 9. Record the following information for each summons returned:


SUMMONS a. Summons number
PROCESSING b. Name of issuing member
PERSONNEL c. Command of issuing member
d. Type of error
e. Date of issuance
f. Date received at bureau
g. Date forwarded for correction
h. Final disposition (date returned to court, date voided)
10. Separate summonses according to category of error as follows:
a. Improper return date - to be forwarded to issuing member’s
command for voiding as per P.G. 209-18, “Summonses Served or
Prepared in Error”
b. Criminal Court “Information” incomplete or unsigned - forward to
command of issuing member for correction by member.
11. Prepare a transmittal sheet for each command that will be receiving
improperly prepared summonses within the bureau.
a. Transmittal sheet will list each summons forwarded.
12. Forward summonses to command concerned in a brown, 13” X 10” inter-
office, multi-service envelope (Form No. NYC-36).
13. Mark envelope - “Returned Criminal Court Summonses.”

PATROL 14. Report to bureau command, daily, and pick up returned summonses.
BOROUGH
MESSENGER/
COUNTERPART

OPERATIONS 15. Review summonses received to ensure that they have been delivered to
COORDINATOR command of issuing member.
16. Process returned summons(es) as follows:
a. Issuing member no longer assigned to command - VOID
b. If summons is received at command less than twenty-two days
from the return date listed on summons - VOID
c. Improper return date (weekend, holiday, etc.) - VOID
d. Criminal Court “Information” not signed - direct issuing member
to correct condition.
e. Criminal Court “Information” left blank - direct issuing member
to correct condition.

NOTE Under no circumstances will a uniformed member of the service correct any other error
on a returned summons other than the two errors (“Information” left blank or unsigned)
listed for correction above.

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OPERATIONS 17. Void any summons received that was issued for Penal Law Section
COORDINATOR 240.35, “Loitering” subsections 1, 3 or 7.
(continued) a. Contact the respondent by telephone, if possible, and inform of
summons voidance
b. If unable to contact by telephone, forward a notification letter to
the respondent on OFFICIAL LETTERHEAD (PD158-151),
using the sample in Appendix “A” by registered or certified mail,
return receipt requested
c. Document notification to the respondent on SUMMONS
VOIDANCE FORM (PD160-153).
18. Make a reasonable effort to retrieve the served copy of any summons
issued for Penal Law Section 240.35, “Loitering” subsections 1, 3 or 7,
from the respondent.

UNIFORMED 19. Correct summons(es) as directed by operations coordinator.


MEMBER OF 20. Return corrected summons(es) to operations coordinator.
THE SERVICE

OPERATIONS 21. Review corrections made to summons(es).


COORDINATOR 22. Note action taken for each summons on transmittal sheet (e.g., corrected,
void etc.).
23. Forward corrected summonses and transmittal sheet, to bureau command.
24. Forward summonses to bureau concerned in a brown, 13” X 10” inter-
office, multi-service envelope (Form No. NYC 36).
25. Mark envelope - “Returned Criminal Court Summonses.”

BUREAU 26. Check returned transmittal sheet to ensure that all summonses forwarded
SUMMONS for action are accounted for.
PROCESSING 27. Forward returned summonses, direct, to the New York City Criminal
PERSONNEL Court located at 1 Centre St., 16th Floor, within twenty-four hours of
receipt.
28. Forward summonses to Criminal Court in a brown, 13” x 10” inter-office,
multi-service envelope (Form No. NYC 36).
29. Mark envelope - “Returned Criminal Court Summonses.”

RELATED Summons Served Or Prepared In Error (P.G. 209-18)


PROCEDURE

FORMS AND MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145)


REPORTS OFFICIAL LETTERHEAD (PD158-151)
SUMMONS VOIDANCE FORM (PD160-153)

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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APPENDIX “A”

NOTIFICATION TO RESPONDENT
(SAMPLE LETTER)

(Command Communication Log Serial Number)__________

Date__________

Mr. John Smith


253 Mercer Street
New York, New York 10101

Dear Mr. Smith:

On Friday, January 1, 2010, at 11:00 A.M. in front of 123 Main Street,


Manhattan, you were served with Criminal Court summons (summons number) for
New York State Penal Law Section 240.35, “Loitering” subsection (1, 3 or 7), which
has been declared unconstitutional by court decision. Therefore, Criminal Court
summons (summons number) has been voided and you are not required to answer the
summons.

If you have any questions regarding this matter please contact the 8th Precinct
Operations Coordinator, Lieutenant (name) at (telephone number).

Respectfully,

Name
Rank

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-07

PARKING SUMMONSES – GENERAL PROCEDURE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 5

PURPOSE To instruct uniformed members of the service in the proper manner of preparing
a parking summons and processing related papers for parking violations.

PROCEDURE When a uniformed member of the service observes an unoccupied vehicle on a


public highway that is illegally parked or in violation of some provision of the
New York City Traffic Rules:

DEFINITIONS HIGHWAY- Any public roadway, street, or avenue.

ABANDONED VEHICLE- A motor vehicle shall be deemed to be abandoned if


it is left unattended:
a. With no license plates affixed, for more than six hours, on any
highway or other public place.
b. On a public street or area which is not otherwise restricted by
posted signs, including a residential area, in excess of seven
consecutive days.
c. For more than ninety-six hours on the property of another without
the permission of the owner.

DERELICT VEHICLE- A motor vehicle which is so dilapidated, burned out,


stripped, vandalized etc. as to be of no apparent value other than scrap.

UNIFORMED 1. Query NYSPIN through the FINEST system, if circumstances warrant, to


MEMBER OF determine if vehicle is reported stolen.
THE SERVICE
NOTE The circumstances that warrant such a query include, but are not limited to, the
following:

a. Presence on vehicle of any summons issued to the vehicle on a previous


date
b. Vehicle has damage consistent with theft (e.g., broken windows,
damaged locks)
c. Vehicle discovered at a location where the parking of vehicles is unlikely
or at a time that is unusual
d. Any suspicion by a member of the service, arising either from the
member’s own observations or experience, or from credible statements
made by others, that the vehicle may be stolen.

2. Determine if the vehicle is apparently abandoned and eligible for


inclusion in the Rotation Tow Program.
3. Utilize, in numerical order, the next Notice of Parking Violation.

NOTE Summonses will not be issued to abandoned or derelict vehicles, as defined above.

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UNIFORMED 4. Print information legibly in block letters using black or blue ink ballpoint
MEMBER OF pen.
THE SERVICE 5. Enter all available information required by captions.
(continued) a. Specific location of parked vehicle must be indicated, i.e., number
of feet north/south/east/west of street, avenue, or front or opposite
specific address.
b. Utilize the vehicle registration sticker as the primary source of
information for vehicles registered in New York State.

NOTE Any omission or mis-description of any of the following mandatory identification


elements will result in dismissal of the summons:
a. License plate number
b. License plate type
c. Expiration date
d. Make of vehicle
e. Model of vehicle

6. Enter only one offense on each summons.


7. Cite only valid applicable violations and sections of the New York City
Traffic Rules when issuing a Notice of Parking Violation.
a. No violations of other rules or laws (e.g., VTL) will be cited on a
Notice of Parking Violation.
8. Issue only one summons for the same violation, at the same location, on
the same day.
9. Issue no more than three summonses to any vehicle parked in violation at
the same location on the same day.

NOTE In cases where more than three violations are evident, summonses for the three most
serious violations should be issued.

10. Do not issue additional summonses to a vehicle displaying three or more


summonses already issued at that location.

NOTE If the vehicle has been reported stolen or is abandoned or derelict, the member of the
service should follow the applicable Patrol Guide procedures.

11. Place “service copy” of Notice of Parking Violation and orange self-
addressed envelope on windshield of auto.
a. During inclement weather (rain, snow) fold summons to ensure
information entered thereon remains legible.
12. Enter information concerning summons on CERTIFICATION OF
PARKING SUMMONSES SERVED (PD160-146).
13. Enter details in ACTIVITY LOG (PD112-145).
14. Detach and retain pink copy of Notice of Parking Violation.
a. This copy will be returned with CERTIFICATION OF
PARKING SUMMONSES SERVED card.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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UNIFORMED 15. Deliver remaining two parts of Notice of Parking Violation intact to
MEMBER OF command at end of tour.
THE SERVICE
(continued)

ADDITIONAL Upon observing a vehicle displaying three or more summonses, the member should
DATA check to see if the summonses were issued to that vehicle at that location. If so, the
member of the service should determine if the vehicle has been reported stolen, is
abandoned, or derelict.
If the vehicle has not been reported stolen, based on the circumstances the vehicle may
be either violation towed or placed in the Rotation Tow program if abandoned. No
additional summonses should be issued to the vehicle.
Members may utilize the violation tow program by contacting the violation tow pound in
their respective borough and providing the description and location of the vehicle. No
vehicle will be referred for violation tow without a query of the FINEST system to
determine if the vehicle has been reported stolen. The member is not required to remain
with the vehicle until the violation tow truck arrives.
a. Manhattan Tow Pound
b. Brooklyn Tow Pound
c. Bronx Tow Pound
d. Queens Tow Pound
If a vehicle’s sticker expiration date or plate type is not visually available, do not simply
mark the “N/A”(Not Available”) box on the summons. Always insert a written
explanation as to why the information is not available. For example, if the information
is not shown on the vehicle, its plates, or sticker, mark “N/A” and write “Missing” or
“Not Shown”. If the required information is unavailable because a sticker is
unreadable, mark “N/A” and insert a reason, such as: “Covered,” “Faded,”
“Defaced,” or “Mutilated.” If only a portion of a vehicle’s sticker expiration date is
visible then insert as much as is shown or readable, write “N/A” in the appropriate space on
the summons, and insert “Not Shown” or “Missing,” “Covered,” etc. If other required
information is not shown, write “N/A” or “NONE” – do not just draw a line or leave blank.
Members of the service will not issue a Notice of Parking Violation based on the vehicle
identification number (VIN) only.
When the owner, operator, or person responsible for the vehicle is present, a member
may issue a personal service summons for appropriate violations.
Vehicles listed below, observed parked and unattended, will be processed as follows:
a. All non-evidence stolen or abandoned non-derelict vehicles are processed under
the Rotation Tow program (see P.G. 218-21, “Rotation Tow”).
b. Vehicles bearing New York State registration plates that expired more than two
months in the past will be processed in accordance with P.G. 214-30, “Removal
of Expired New York State Registration Plates.”
c. Derelict vehicles with New York State plates will be processed in accordance with
P.G. 214-29, “Derelict Vehicles Bearing New York State Registration Plates.”

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ADDITIONAL d. Derelict vehicles without plates will be entered in the HIGHWAY CONDITION
DATA RECORD (PD311-151) for notification to the local district office of the
(continued) Department of Sanitation (see P.G. 214-22, “Weekly Street Conditions Survey
and Daily Observations of Highway Conditions Requiring Corrective Action”).

Vehicles displaying expired in-transit permits, issued either in New York State or out-of-
state (e.g., New Jersey), can be cited as unregistered vehicles. An in-transit permit is
temporary in nature (valid for thirty days from the date it is issued) and does not
constitute a permanent, legal, registration. It is issued only to enable a vehicle owner to
transport his/her unregistered vehicle to a different jurisdiction where the owner intends
to permanently register it. (A common example involves someone going out of state to
purchase a vehicle at an auction and then transporting it back to his/her home state.)
Once the in-transit permit expires, the vehicle can be cited as an unregistered vehicle
regardless of the jurisdiction of issue.
PARKING OFFENSES INVOLVING VEHICLES FROM ANOTHER STATE
When issuing a summons to vehicles registered outside of New York State, the officer will
provide as much vehicle information as possible based on his/her visual observation of the
vehicle. If an information caption on the summons is intentionally not completed by the
officer, a reason for the omission must be entered in the caption e.g., unreadable, covered,
or not shown. Write “N/A” in a caption when the required caption information is not
available (e.g. registration stickers on New Jersey vehicles are not printed with an
expiration date).

Certain violations involving registration and inspection requirements only apply to


vehicles registered in New York State and are not applicable to vehicles registered
outside of New York State. Vehicles registered outside of New York State will not be
issued a notice of parking violation for expired/missing registration, expired/missing
inspection, improper display of a registration sticker, or improper display of an
inspection sticker. These violations are only applicable to vehicles registered in New
York State.
PARKING OFFENSES INVOLVING DIPLOMATIC RELATED VEHICLES
Official “Diplomat,” “Consul,” and “S” (Staff) vehicle license plates, colored red,
white and blue, are issued by the United States Department of State ONLY, and will be
one of the following three types:
DIPLOMAT – plates bearing the word “Diplomat” imprinted thereon are issued to
representatives of foreign missions, United Nations, Secretariat of United Nations, and
Organization of American States.
CONSUL – plates bearing the word “Consul” imprinted thereon are issued to
representatives of foreign governments having consular status.
STAFF – plates bearing the letter “S” imprinted thereon are issued to members of staffs
of various foreign governments.
Although “diplomatic/consular/staff” plates will not be issued without proper insurance
coverage, operators of such vehicles are not required to carry insurance cards.
However, the operator must carry a certificate of registration.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-07 05/31/18 5 of 5

ADDITIONAL A Notice of Parking Violation will be placed upon an unoccupied, illegally parked
DATA vehicle bearing “DIPLOMAT” or “CONSUL” registration plates, which creates a
(continued) safety hazard.
The following violations create safety hazards:

Double Parking No Standing Parking in Crosswalk


Fire Zone No Stopping Parking on Sidewalk
Fire Hydrant Bus Stop

If a Notice of Parking Violation is issued to a vehicle bearing diplomatic/consular


registration plates, the code “DP” will be entered under the caption “Other” on the line
used to identify the state of vehicle registration.

Vehicles bearing the letter “S” for staff do not have parking immunity; however, if such
vehicle is occupied, the occupants may have diplomatic immunity and will be treated
accordingly (see P.G. 212-56, “Diplomatic Incidents.”)

RELATED Parking Violations Summons – Graphic (P.G. 209-08)


PROCEDURES Personal Service of Civil Summons Returnable to the Office of Administrative Trials and
Hearings (OATH) - General Procedure - Non-CJRA Offenses (P.G. 209-12)
Diplomatic Incidents (P.G. 212-56)
Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29)
Removal of Expired New York State Registration Plates (P.G. 214-30)
Rotation Tow (P.G. 218-21)
Weekly Street Conditions Survey and Daily Observations of Highway Conditions
Requiring Corrective Action (P.G. 214-22)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146)
HIGHWAY CONDITION RECORD (PD311-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-08

PARKING VIOLATIONS SUMMONS - GRAPHIC


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PARKING VIOLATIONS

STOPPING, STANDING, AND


PARKING OFFENSES
1
1 Enter this information if violator is
present.
2 The expiration month, day and year
2
must be entered for vehicles registered
in N.Y.S.

3
3 The information in this section should
be taken from the registration sticker
for vehicles registered in N.Y.S.
4 Do not use military time.

4 4
5 Indicate specific location of vehicle,
e.g., 50 ft. N/S/E/W of street or avenue.
5
6 The day(s) and hours the regulation is
in effect must be listed.
7 This information is obtained from
6
COMMON SUMMONSABLE OFFENSES
(PD160-102).

Notes:
a. Only one (1) violation per summons.
b. Do not write in the margin of the
summons. Additional information
may be entered in the name area (top)
of the summons.
c. If a commercial vehicle is observed
7 7 7 DOUBLE PARKED, enter length of
time of no loading or unloading
activity, e.g., "30M - N/A," indicating
no loading or unloading activity for a
thirty (30) minute period.
d. If the vehicle does not match the sticker
(sticker describes a van and vehicle is a
sedan) enter information from sticker
and note that the vehicle appears to be
a sedan as indicated in note "b".

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-09

PERSONAL SERVICE OF SUMMONSES RETURNABLE TO


TRAFFIC VIOLATIONS BUREAU OR CRIMINAL COURT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/01/18 10/01/18 1 of 5

PURPOSE To inform uniformed members of the service of procedures to be followed when


personally serving a summons returnable to the Traffic Violations Bureau or
Criminal Court.

PROCEDURE When issuing a summons returnable to the Traffic Violations Bureau or Criminal
Court:

UNIFORMED 1. Inform violator of the offense committed.


MEMBER OF 2. Request that violator show proof of identity and residence.
THE SERVICE a. In traffic cases, examine driver’s license, vehicle registration, and
insurance identification card for vehicles registered in New York State.
b. If violator presents driver’s license, check “Motorist Exhibited
License” box on top of summons.

NOTE As a general rule, the following forms of government photo identification are considered
valid forms of identification:
a. Valid Photo Driver’s License (From New York State, another state, or another country)
b. Valid passport
c. Citizenship or naturalization papers
d. New York State Non-Driver Identification
e. New York State Driver’s Permit
f. Municipal Identification Card (ID NYC)
g. Other government photo identification.

Members should note that these are general guidelines, and other forms of identification
may be acceptable.

3. Conduct license and warrant check.


a. If license check conducted, check “Susp/Rev” box on top of summons.
b. If no license and/or warrant check conducted, note reason in
ACTIVITY LOG (PD 112-145).
4. Remove violator to command for investigation if doubt concerning
identity exists.

DESK OFFICER 5. Make Command Log entry when violator is brought to command for
identification, is served a summons, and immediately released.
a. Entry will include the following:
(1) Name, address, and physical description of the violator
(2) Location, time of incident, and reason for removal to command
(3) Name, rank, shield number of member who brought
violator to command
(4) Offense(s) charged and serial number(s) of summons(es) served
(5) Time the violator entered and departed the command.

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-09 10/01/18 2 of 5

NOTE It is not necessary to follow Desk Appearance Ticket or voided arrest procedures for an
offense for which a summons may be served when the only reason for bringing the
violator to the command was to investigate identity.

UNIFORMED 6. Issue summonses in numerical order.


MEMBER OF 7. Use black or blue ink ballpoint pen and legibly print information in block
THE SERVICE letters.
8. Enter all available information required by captions on summons with the
exception of the area titled “Officer’s Notes.”
9. Record only one violation per summons.
a. Use a separate summons for each additional offense.

NOTE Summonses issued for multiple offenses arising out of a single traffic incident will be
made returnable to the respective court responsible for the adjudication of such offenses
(i.e., traffic infractions will be returnable to Traffic Violations Bureau; Administrative
Code violations and traffic misdemeanors will be returnable to Criminal Court, as
outlined in Patrol Guide 209-02, “Summonses and Notices of Violation Returnable
Agencies”).

10. Request violator sign the bottom of the summons to acknowledge receipt.

NOTE Requesting the violator to sign the bottom of the summons is an option of the issuing
member. If the member feels that requesting the signature may precipitate a
confrontation or place the member at a tactical disadvantage, the member has the option
of not requesting the signature. If the violator refuses to sign, no action will be taken.
Member concerned will note the refusal in ACTIVITY LOG.

11. Give the violator the part of the summons designated for the agency for
which the summons is returnable.
a. If the summons is returnable to the Traffic Violations Bureau, give
the violator the copy of the summons labeled “Motorist Copy”
b. If the summons is returnable to Criminal Court, give the violator
the copy labeled “Criminal Court.”
12. Prepare a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A)
for a violator who is at least seven and less than 17 years of age.

FOR SUMMONSES RETURNABLE TO CRIMINAL COURT:

UNIFORMED 13. Refer to new ACTIVITY LOG (PD 112-145) insert, SAMPLE CRIMINAL
MEMBER OF COURT SUMMONS INFORMATIONS (PD260-211), after the
THE SERVICE violator has been released.
14. Utilize the SAMPLE CRIMINAL COURT SUMMONS
INFORMATIONS to properly complete the Criminal Court Information
section on rear of summons.
15. SIGN Criminal Court Information section on rear of summons.
16. Enter the information concerning the summons(es) on CERTIFICATION OF
MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145).
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-09 10/01/18 3 of 5

UNIFORMED 17. Enter complete details in ACTIVITY LOG including:


MEMBER OF a. Description of offense
THE SERVICE b. Summons number
(continued) c. Motorist’s/Defendant’s name
d. Motorist’s/Defendant’s date of birth
e. Type, and serial number, of government photo identification used
to determine name and date of birth of motorist/defendant
f. License plate number and state/province of registration
g. Make and model of vehicle
h. Number of passengers in vehicle.
18. Detach and retain last two copies of summons marked “Police/ Agency”
and “Officer”.
a. The white “Officer” copy will be retained by the issuing member.
b. The yellow “Police/Agency” copy will be returned with the
CERTIFICATION OF SUMMONSES SERVED card.
19. Deliver the remaining copies, intact, to command at the end of tour, or as
directed by commanding officer.

ADDITIONAL A uniformed member of the service, when issuing a summons returnable to the Traffic
DATA Violations Bureau, will place an “X” in the appropriate captioned box when any of the
following criteria apply:
a. “Commercial Vehicle” - with a maximum gross weight in excess of 26,000 pounds
b. “Bus” - any vehicle designed to transport more than fifteen passengers,
including the driver
c. “Hazardous Material” - any vehicle which is transporting materials required to
be placarded under the Hazardous Material Transportation Act.
If a vehicle with a maximum gross weight in excess of 26,000 pounds is also placarded,
as required for transporting hazardous materials, only the “Hazardous Material” box
should be checked.
UNDER NO CIRCUMSTANCES WILL AN ISSUING MEMBER OF THE SERVICE
WRITE ON THE SIDE MARGIN OF THE SUMMONS. This area is used by the
adjudicating agency concerned. Writing in this area may result in the summons being
considered unprocessable and returned to this Department.
In addition to entries in the ACTIVITY LOG, members have the option of utilizing the
area on the rear of the white “Officer” copy of the summons entitled “Officer’s Notes.”
This area is meant to serve as additional information for the issuing member to assist in
recording the pertinent details of the offense.
The sections labeled “Motorist or Defendant’s Employer”, “Motorist or Defendant’s
Employer Address”, and “Phone No.” are designed primarily as an aid to members
enforcing violations where corporate substitution is possible (Example - a summons is
issued to the driver of a trucking firm for no overweight permit). The information is not
required for moving violations issued to non-commercial drivers.
A person operating a limited use vehicle (minibike, moped, etc.) on a public highway
(road, street, avenue, highway, etc.) is subject to all applicable provisions of the Vehicle
and Traffic Law and the Traffic Regulations (“traffic laws”), including registration and
licensing requirements. Although registration and licensing provisions do not apply to
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-09 10/01/18 4 of 5

ADDITIONAL bicycles, persons riding bicycles on public streets are subject to many of the same traffic
DATA laws as operators of motor vehicles.
(continued)
If a limited use vehicle is unregistered and/or the operator unlicensed, the vehicle will
be removed to the precinct of occurrence, impounded and invoiced. The owner may
claim the vehicle on presentation of proof of ownership; however, such owner will be
advised that the vehicle may not be operated on public highways until such time as it has
been properly registered. The owner may be permitted to make arrangements to have
such unregistered vehicle transported by a licensed tow truck to a private premise.
Additionally, if the vehicle was seized because the operator was unlicensed, the owner
will be issued a summons for violation of section 509(4) of the Vehicle and Traffic Law -
“Authorizing Or Permitting An Unlicensed Driver To Operate A Motor Vehicle.”

Operators of limited use vehicles and/or bicycles who violate applicable provisions of the
traffic law will be issued a summons, provided such individuals are 16 years of age or
older. In such cases, a JUVENILE REPORT SYSTEM WORKSHEET is NOT required.

When a bicyclist is issued a summons for a violation of the traffic laws, the word
“BICYCLE” will be entered in bold print on that portion of the summons designated for
the year and make of the vehicle. On the reverse side of both of the yellow motorist’s
copies of the summons, a line will be drawn through the instructions that direct the
violator to answer the summons by mail.

Sustained attention and priority in enforcement should be given to those hazardous


violations which are the major causes of most collisions, deaths and injuries on the
roadways. The eighteen most HAZARDOUS VIOLATIONS are:

(1) Over Maximum Speed Limit (Speeding) (9) Failed to Yield Right of Way to
(2) Failed to Yield Right of Way to Vehicle
Pedestrian (10) Improper Turn
(3) Disobey Traffic-Control Device (11) Unsafe Lane Change
(4) Driving While Using a Portable (12) Failure to Signal
Electronic Device (Texting) (13) Overtaking and Passing School Bus
(5) Use of Mobile Telephone (Cellphone) (14) Following Too Closely
(6) Failure to Wear Seatbelt or Use (15) Improper Passing
Child Safety Seat (16) Backing Unsafely
(7) Reckless Driving (17) Tinted Windows
(8) Unlicensed Operator (18) Disobey Steady Red Signal

Members of the service should be aware that section 207, subdivision 5, of the Vehicle
and Traffic Law (Disposing Of A Uniform Traffic Summons), does NOT apply to
situations where a motorist destroys or discards his/her copy of the summons that was
issued by the member of the service. That section is applicable only when someone
prevents or interferes with the processing of that part of the summons destined for the
adjudicating body (i.e., the “court copy”). Members of the service may, however, issue
a Criminal Court summons for littering (Administrative Code section 16-118,
[subdivision 1]) in appropriate circumstances.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-09 10/01/18 5 of 5

ADDITIONAL A uniformed member assigned to the Highway District may serve a summons for an
DATA offense not personally observed but revealed during the course of a collision
(continued) investigation. When serving such a summons, the member concerned shall draw a line
through the statement on the Complaint which reads “I PERSONALLY OBSERVED
THE COMMISSION OF THE OFFENSE CHARGED ABOVE.”

The issuance of a Criminal Court summons for violation of Penal Law section 240.20 -
Disorderly Conduct, at the scene of an incident in which the summonsing member is the
complainant, occasionally results in a civilian complaint against the member. To verify
and document the circumstances of the incident, the summonsing member will request
the response of the patrol supervisor to the scene whenever:
a. Physical force/restraint was used by the uniformed member, OR
b. It was necessary to search or handcuff the violator, OR
c. Violator was placed in, or transported from the scene in, a Department vehicle.
The patrol supervisor will determine the validity of the charge and:
a. Make entry in ACTIVITY LOG indicating summonsing member’s identity and
the violator’s identity and condition.
b. Direct issuance of summons, if violator is eligible. If the violator is not eligible,
process as an arrest as per appropriate Department procedures.

If the patrol supervisor is not available to respond, the violator will be removed to the
command where the desk officer/supervisor will determine the validity of the charge and
make an appropriate entry in the Command Log.

RELATED Summonses and Notices of Violation Returnable Agencies (P.G. 209-02)


PROCEDURES Quality Control Procedures for the Processing of Summonses Returnable to Criminal
Court (P.G. 209-06)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED
(PD160-145)
JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A)
SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD260-211)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-10

TRAFFIC VIOLATIONS BUREAU SUMMONS - GRAPHIC


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

TRAFFIC VIOLATIONS
1

TRAFFIC INFRACTIONS
(other than stopping,
standing, and parking
offenses)

1 Conduct license check, if


possible, and check
2 2 appropriate boxes.

2 Enter date of birth and sex


of violator.

3 Enter vehicle information


3
from registration card or
sticker.

4 Do not use military time.

4 5 Ensure that violation


described matches section of
law cited. Obtain info. from
COMMON
5 SUMMONSABLE
OFFENSES (PD160-102).

6 No return date is required


for violations returnable to
Traffic Violations Bureau.

7 Violators signature is
optional.
6

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-10 08/01/13 2 of 2

2
1 Uniformed members should
record the circumstances of
the incident on the rear of
the "Officer" copy of the
summons.
2 The defendant's employer
information is intended for
cases in which corporate
substitution is possible.
3 Defendant's telephone
number is not required in
traffic offenses and should
not be requested. For
cases in which corporate
3 substitution is possible, the
telephone number of the
corporate entity should be
entered in this area.

4 Include the direction of


travel and the type of
street, as appropriate.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-11

CRIMINAL COURT SUMMONS - GRAPHIC


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/19/17 10/19/17 1 of 3

CRIMINAL COURT
PEDESTRIAN OFFENSES AND
TRAFFIC MISDEMEANORS (except
unlicensed operator, unregistered vehicle and
no insurance ID card).

SUMMONSABLE OFFENSES NOT


RETURNABLE TO ANY OTHER
AGENCY.

Uniformed members may issue


summonses for violations and non-Penal
Law misdemeanors, so long as they are
personally observed.

1 If defendant does not provide a cell


phone number and/or home phone
number, write “N/A” or “Refused.”
2 If appearance time is different, cross
out “9:30 a.m.” and enter correct
appearance time. Do not use military
time.
3 Do not select more than one court
appearance location.
4 Enter vehicle information, if applicable.
5 Use military time.
6 Complete the “Factual Allegations”
section for all offenses, unless
utilizing the “Expedited Affidavit”
section on the reverse. This section
must be completed with facts, not
conclusions, that the officer
personally observed. A “Factual
Allegations” section that merely
repeats the specific language of the
law is not legally sufficient.
7 Enter appropriate NYPD reason
code:
Code 1:: Recidivist
Code 2:: Return on warrant
Code 3:: Other (circumstances of the
incident must be verified and
recorded in the member’s
ACTIVITY LOG [PD112-145]
by a supervisor)
Code 4:: Non-CJRA violation or
multiple
summonses with at least t
one violation being
non-civil.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-11 10/19/17 2 of 3

8 When issuing a summons for


violations of Penal Law §140.05,
“Trespass,” issuing officer should
have property owner/custodian
complete the “Trespass Affidavit”
section.
The property owner/custodian
must sign and date below the
“Trespass Affidavit.” The officer
must also complete the “Factual
Allegations” section on the front
with facts, not conclusions, that the
officer personally observed.
Sample Factual Allegations for the
charge of “Trespass” can be found
on the reverse of the
“Agency/Police Copy 1.”
9 When issuing a summons for
violations of Penal Law §240.20,
“Disorderly Conduct,” or
Administrative Code §10-125(b),
“Public Consumption of Alcohol,”
issuing officer may use the
appropriate “Expedited Affidavit”
section, rather than completing the
“Factual Allegations” section.
If an Expedited Affidavit is utilized,
the officer must sign and date
BOTH the front and the reverse of
the “Original” copy, but it is not
necessary to restate the allegations
in the “Factual Allegations” field
on the front of the form. Instead,
the officer should simply draw a
line through the “Factual
Allegations” field on the front, or
write “See Reverse.”
A summons with a properly
completed “Factual Allegations”
section or “Expedited Affidavit”
section will eliminate the need for
the issuing officer to appear in
court on the return date to prepare
a complaint and will enable the
court to issue a warrant for a
defendant who fails to appear.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-11 10/19/17 3 of 3

1 Uniformed members should record


the circumstances of the incident on
the rear of the "Officer’s” copy of
the summons.
2 The defendant's employer
information is intended for cases in
which corporate substitution is
possible.
3 For cases in which corporate
substitution is possible, the telephone
number of the corporate entity
should be entered in this area.
4 Include the direction of travel and
the type of street, as appropriate.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-12

PERSONAL SERVICE OF CIVIL SUMMONS RETURNABLE TO THE


OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS (OATH) -
GENERAL PROCEDURE - NON-CJRA OFFENSES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 4
PURPOSE To instruct uniformed members of the service of the proper manner by which to
prepare and process a Civil Summons Returnable to the Office of Administrative
Trials and Hearings (OATH).

PROCEDURE Upon observing the commission of an offense that is under the jurisdiction of the
Office of Administrative Trials and Hearings (OATH):

UNIFORMED 1. Inform violator of the offense committed.


MEMBER OF 2. Request proof of identity and residence, as per P.G. 209-09, “Personal
THE SERVICE Service of Summonses Returnable to Traffic Violations Bureau or
Criminal Court.”
a. If proof is refused and/or validity of proof is in doubt, escort
violator to command for further investigation.

WHEN VIOLATOR IS PROPERLY IDENTIFIED:

UNIFORMED 3. Prepare separate Civil Summons Returnable to OATH for EACH offense
MEMBER OF charged.
THE SERVICE a. Complete captions in block letters, using black or blue ink ballpoint
pen.
4. Insert three-digit OATH Code, section of law, mail-in and maximum penalties
on Civil Summons Returnable to OATH, as determined from COMMON
OFFENSES RETURNABLE TO THE OFFICE OF ADMINISTRATIVE
TRIALS AND HEARINGS (OATH) (PD160-013).
5. Make Civil Summons Returnable to OATH returnable to the Office of
Administrative Trials and Hearings on the return date provided by desk
officer/counterpart at roll call.
6. Sign the bottom of the Civil Summons Returnable to OATH and fill in all
captions as appropriate.
7. Fill in the “Affidavit (Certificate) of Service” on the reverse side of the
Civil Summons Returnable to OATH and sign this side of the summons
in the appropriate caption.
8. Give violator pink (Respondent) copy of Civil Summons Returnable
to OATH.
a. In all cases where a violator is less than 18 years of age, a copy of
the Civil Summons Returnable to OATH MUST be served to the
violator’s parent or guardian. If such person is present at the time
of issuance, the copy shall be personally served on the person. If
the person is not present, it shall be served via mail.
9. Record complete details in ACTIVITY LOG.
a. Include complainant/witness contact information (i.e., name,
home address, phone number, etc.) in cases where an officer is
informed of the violation by a reliable complainant/witness.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
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209-12 05/31/18 2 of 4

UNIFORMED 10. Enter required information on CERTIFICATION OF MOVING/


MEMBER OF CRIMINAL COURT SUMMONSES SERVED (PD160-145).
THE SERVICE 11. Distribute remaining copies of Civil Summons Returnable to OATH as
(continued) follows:
a. WHITE (OATH) copy - To command of occurrence at end of
tour, or as directed by commanding officer
b. YELLOW (officer) copy - Retained by issuing member
c. WHITE CARDBOARD (Agency) copy - Retain with
CERTIFICATION OF MOVING/CRIMINAL COURT
SUMMONSES SERVED.

NOTE The WHITE CARDBOARD (Agency) copy should be retained by the issuing agency
except when issuing a Civil Summons Returnable to OATH for violations of the Noise
Code relating to audible vehicle alarms; see P.G. 214-24, “Service of Civil Summons
Returnable to the Office of Administrative Trials and Hearings (OATH) for Vehicle
Alarms.”

DESK OFFICER 12. Examine entries on Civil Summons Returnable to OATH to ensure:
a. Accuracy, completeness and legibility.

COMMAND 13. Separate Civil Summons Returnable to OATH by date of service and
CLERK process as follows:
a. WHITE (OATH) copies - insert all copies issued on SAME day in
Office of Administrative Trials and Hearings envelope addressed
to the Office of Administrative Trials and Hearings, 66 John
Street, 10th Floor, New York, N.Y. 10038 and forward to patrol
borough office with A.M. mail.
b. WHITE CARDBOARD (Agency) copy - file in command by date
of service and retain thereat for two years.

PATROL 14. Prepare two copies of SUMMONS ENVELOPE RECEIPT (PD160-


BOROUGH 011).
OFFICE 15. Direct messenger to deliver envelope containing Civil Summons
CLERK Returnable to OATH to the Office of Administrative Trials and Hearings.

MESSENGER 16. Obtain receipt on one copy of SUMMONS ENVELOPE RECEIPT and
return to borough office.

IF VIOLATOR CANNOT BE PROPERLY IDENTIFIED:

UNIFORMED 17. Confer with desk officer.


MEMBER OF 18. At the direction of the desk officer, effect arrest of violator.
THE SERVICE

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-12 05/31/18 3 of 4

DESK OFFICER 19. When the violator has committed an offense which may be punishable
EITHER by issuing a Civil Summons Returnable to OATH; OR by
issuing a Criminal Court Summons, the desk officer may authorize that
the violator be arrested and returned to Criminal Court.

ADDITIONAL A Civil Summons Returnable to OATH may ONLY be issued for a violation of a Local Law
DATA (e.g., the Administrative Code or the Rules of the City of New York [RCNY]) and not for
violations of State Law [e.g., Alcoholic Beverage Control Law or the Vehicle and Traffic Law]).

Uniformed members of the service will comply with Patrol Guide 209-03, “Civil
Summons Returnable to the Office of Administrative Trials and Hearings (OATH) -
Criminal Justice Reform Act (CJRA)” when issuing a Civil Summons Returnable to
OATH for the following violations:
1. Open Container, NYC Administrative Code Section 10-125 (b)
2. Public Urination, NYC Administrative Code Section 16-118(6)
3. Littering, NYC Administrative Code Section 16-118 (1) (a)
4. Spitting, NYC Administrative Code Section 16-118 (1) (b)
5. Excessive Noise, NYC Administrative Code Section 24-218 (used when not
removing a sound reproduction device)
6. Violations of Title 56 of the Rules of the City of New York (New York City Park
Rules).

In cases where the observed offense is a violation that is solely punishable by a CIVIL
penalty (e.g., NYC Administrative Code 17-706, “Sale of Cigarettes to Persons Under
21 Who Are Not Minors”), members of the service MAY NOT remove the violator from
the scene to verify identity or conduct further investigation.

In cases where a responding officer did not personally observe an incident, probable
cause to issue a Civil Summons Returnable to OATH may be established based on the
statement of a witness. In the “Details of Charge(s)” section of the summons, the issuing
officer should indicate, for example, that he/she was “informed by John Smith, whose
contact information is known to the NYPD, that he observed...” The officer must also
complete the “Statement of Witness” section on the reverse side of the white (OATH)
copy of the summons by requesting that the witness sign his/her name to indicate that
he/she witnessed the commission of the offense and that the details entered on the
summons accurately reflect that observation. If the witness refuses to provide identifying
information and/or to sign the “Statement of Witness,” the issuing officer must write
“REFUSED” in the caption provided for the witness signature. All information
regarding the summons, including the witness's contact information, if provided, must be
documented in the officer's ACTIVITY LOG (PD112-145).

Traffic enforcement agents will not utilize the hearing dates and times issued via
FINEST Message each tour per borough. Traffic enforcement agents will continue to
schedule their hearings as they presently do.

CANINE WASTE LAW:

Take no enforcement action against a visually-impaired person for violation of the Canine
Waste Law. Additionally, members of the service are directed to use discretion when taking
enforcement action regarding the elderly or handicapped in regard to the Canine Waste Law.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-12 05/31/18 4 of 4

RELATED Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal


PROCEDURES Court (P.G. 209-09)
Service of Civil Summons Returnable to the Office of Administrative Trials and Hearings
(OATH) for Vehicle Alarms (P.G. 214-24)
Return of Summons Packet (A.G. 309-02)
Summonses - Records (A.G. 309-03)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED
(PD160-145)
COMMON OFFENSES RETURNABLE TO THE OFFICE OF ADMINISTRATIVE
TRIALS AND HEARINGS (OATH) (PD160-013)
SUMMONS ENVELOPE RECEIPT (PD160-011)
PROPERTY CLERK INVOICE (PD521-141)
PROCEDURE FOR RECOVERING SEIZED BICYCLE/VEHICLE (PD521-148)
JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-14

CIVIL SUMMONS RETURNABLE TO THE OFFICE OF


ADMINISTRATIVE TRIALS AND HEARINGS (OATH) - GRAPHIC
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
11/20/18 11/20/18 1 of 3

ADMINISTRATIVE TRIALS
AND HEARINGS

1 Enter name of respondent.


2 Enter phone number and check
appropriate box. If respondent does
not provide a number write “N/A” or
“Refused.”
3 Enter date of birth of respondent.
4 Check box as it appears on valid
form of identification.
5 Enter respondent’s address
information.
6 Enter respondent’s identification
number and specific type of
identification presented.
7 Do not use military time.
8 Enter precinct of occurrence.
9 Enter OATH return date and time.
Ensure correct date and time are
entered. Do not use military time.
10 Enter geographic borough of
occurrence.
11 Select or enter appropriate source
of law.
12 Enter Section/Rule of law.
13 Obtain code from insert.
14 Officer must enter appropriate
mail-in and max penalties.
15 Check appropriate caption to
indicate if respondent’s property
was removed and invoiced as
evidence.
16 Describe details, including
conditions if exigent circumstances
exists, i.e., parade, fire, heavy traffic,
etc.
17 Enter summonsing officer’s 3-digit
command code.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-14 11/20/18 2 of 3

1 Officers MUST fill in the caption for


county.
2 When personally serving the
summons directly to the respondent,
check the first box next to the line “At
the time and place of occurrence…”
3 The Department only uses this
caption for enforcement of
Administrative Code Section 10-
157(k). Fill in the captions for date,
time, and location of service. Cross
out the words “[two copies].” Fill in
the name of the person physically
served with a copy of the summons
and include their title (e.g., owner,
manager, head cashier, etc.). Check
the box that states, “a person of
suitable age and discretion at
respondent’s place of business/abode.”
4 Officers should check the boxes that
fit the description of the person
physically served with the summons.
5 The Department only uses this caption
for enforcement of Administrative
Code Section 10-157(k) when
personal service cannot be made. The
issuing officer should use the blank
lines next to the box entitled “Service
could not be made because” to write,
“Service by US Mail to respondent at
business address.” Officer should
draw a line through “Service could
not be made because.”
6 The issuing officer MUST date, sign,
and print their name on the Affidavit
(Certificate*) of Service, indicating
how and when the summons was
served.
7 If applicable, officers will fill in the
name of the complainant/ witness and
request they sign on the line below. If
the complainant/witness refuses to
sign, the officer will write “REFUSED”
on the witness signature line.

NOTE:
The Affidavit (Certificate*) of Service
MUST be fully completed and signed by
the issuing officer or the summons will be
dismissed.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-14 11/20/18 3 of 3

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-15

TRANSIT ADJUDICATION BUREAU


NOTICE OF VIOLATION AND HEARING - GRAPHIC
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

TRANSIT ADJUDICATION
BUREAU - NOTICE OF
VIOLATION AND
HEARING (TAB/NOV)

1 If violator resides in a
1 shelter, do not issue a
TAB/NOV.

2 Enter employer name,


address, and telephone
number, as applicable.
2
3 Check appropriate boxes;
enter ID information.

4 Enter the name of the


3 violator's parent or
guardian, if violator is under
4
18 years of age.

5 Check appropriate box or


5 enter the applicable
section/subdivision in the
space provided.

Note: Do not check box


"Other Rules." (This
box is reserved for
other jurisdictions.)

6 Enter appropriate hearing


date listed on TAB hearing
date calendar card.

7 Uniformed member must sign.


6
Note: All printed information
must be legible.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-15 08/01/13 2 of 2

1 Enter witness/complainant
information as appropriate.

2 Describe all confiscated


property.

3 If property is confiscated,
enter Property Clerk
1 Invoice Number.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-16

SERVICE OF A SUMMONS - SPECIAL PROCEDURES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/01/18 10/01/18 1 of 2

PURPOSE To inform uniformed members of the service of special procedures that apply in
certain summons cases:
SITUATION PROCEDURE

U.S. Mail Trucks 1. Serve summons for moving and/or parking infractions.
2. Report all traffic infractions to commanding officer
giving operator’s name, time and place of occurrence,
and whether summons was served.
NOTE Government vehicles do not require registration plates.
Bingo (Violation of Administrative 1. Obtain name and title of representative.
Code) and representative of State 2. Request representative to appear in court to sign
Lottery Control Commission is present corroborating affidavit.
3. Report facts, including representative’s name and title,
to commanding officer.

Premises licensed by State Liquor 1. Report service of summons inside premises to desk officer.
Authority 2. Report facts to commanding officer.

Sale of alcoholic beverages during 1. Check time by radio, telephone or other official source.
prohibited hours 2. Seize beverage as evidence.
3. Secure other evidence such as proof of sale, identity of persons
served, identity and job title of employees in premises, number
of persons entering during prohibited hours.
4. Deliver alcoholic evidence to desk officer, command of
occurrence, for safekeeping pending delivery to property clerk.
5. Report facts to commanding officer.

Purchase of alcoholic beverages by 1. If violator is 17 to less than 21 years of age, make


fraudulent proof of age summons returnable to Summons Part, Criminal Court.
If violator is under 17 - prepare JUVENILE REPORT
SYSTEM WORKSHEET (PD377-159A).
2. Report facts to commanding officer.

Violation of Administrative Code- 1. Serve summons and prepare ADMINISTRATIVE


Criminal and Civil Penalty CODE VIOLATION NOTICE (PD372-151).

Public Service Commission 1. Make summons returnable to Summons Part, Criminal Court.
Certificate-Violation of Section 61, 2. Report facts to commanding officer.
subd. 14, Public Service Law

Garages and Parking Lots 1. Summons returnable to Summons Part, Criminal Court.
2. Report facts to commanding officer.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-16 10/01/18 2 of 2

Speeding 1. Circle actual speed when violator is traveling 25 MPH


or more over speed limit.

Traffic infraction observed, unable 1. Report circumstances to commanding officer, who may
to serve summons direct member to apply for court summons.

Missing Meter Number 1. Determine number from numbers of adjoining meters.

Overtime Parking 1. Enter time of observation.

Owner of motor vehicle reports that 1. Desk officer will have two copies of VERIFICATION
summons was served or delinquency OF STOLEN MOTOR VEHICLE/PLATES (PD371-
notice received during period when 152) prepared AFTER verifying theft.
vehicle/registration plates were reported 2. A copy will be given to the registered owner/operator
stolen and the other copy filed.

Las Vegas Nights (unlicensed) 1. Uniformed member of the service will notify desk officer.
2. Request patrol supervisor to respond.
3. Serve summons for violation of Administrative Code,
returnable to Criminal Court-Summons Part.
4. Comply with applicable provisions of P.G. procedure
212-12, “Citywide Intelligence Reporting System.”
5. If licensee violates provisions of license, the patrol
supervisor will notify Operations Unit by telephone, and
comply with applicable provisions of P.G. procedure
212-12, as indicated above.

Graffiti or unauthorized sale or 1. (Class “B” Misdemeanor) Criminal Court Summons, if


display or aerosol paint cans and eligible.
broad tipped magic markers (Section
10-117, Administrative Code)

RELATED Citywide Intelligence Reporting System (P.G. 212-12)


PROCEDURE

FORMS AND ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151)


REPORTS JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A)
VERIFICATION OF STOLEN MOTOR VEHICLE/PLATES (PD371-152)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-17

REPORT INSTEAD OF SUMMONS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To inform other city agencies of violations of licensing requirements or other


agency regulations.

PROCEDURE When a uniformed member of the service observes any of the offenses listed
below:
a. Health Code - Section 87.03 (restaurants require Health Department
permit)

b. Administrative Code - Sections B32-58.0 through B32-75.0 (size


and location of licensed sidewalk stands)

c. Regulations of Department of Consumer Affairs except:


Cabarets Garages
Catering establishments Parking lots
Coffee houses Public dance halls

UNIFORMED 1. DO NOT serve summons.


MEMBER OF 2. Report facts, in writing, to commanding officer.
THE SERVICE

COMMANDING 3. Forward two copies of report on Typed Letterhead to Chief of


OFFICER Department.
4. Forward copy of report to command of occurrence if offense occurred
within another command.

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-18

SUMMONS SERVED OR PREPARED IN ERROR


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To investigate the circumstances concerning issuance of a summons in error.

PROCEDURE When a uniformed member of the service issues or prepares a summons in error:

WHEN ALL PARTS OF SUMMONS ARE AVAILABLE:

UNIFORMED 1. Bring all parts of summons to the command.


MEMBER OF 2. Inform commanding officer of the facts.
THE SERVICE 3. Surrender all parts of the summons to commanding officer.

COMMANDING 4. Conduct investigation.


OFFICER 5. Prepare SUMMONS VOIDANCE FORM (PD160-153).
a. Ensure summons is scanned into the Electronic Summons Tracking
System (ESTS) utilizing bar code reader.
b. If bar code reader is inoperable, entries will be made into ESTS
manually.
c. Notify patrol borough of defective/inoperable bar code reader and
obtain replacement.
d. Enter notification in Telephone Record.
6. Mark all copies of summons “Void” across face.
7. Forward first two copies of FORM with all parts of summons to Chief of
Department, Investigation Review Section, DIRECT.

WHEN VIOLATOR'S PART IS NOT AVAILABLE OR PARTS HAVE BEEN


FORWARDED FOR PROCESSING:

COMMANDING 8. Conduct investigation.


OFFICER 9. Prepare SUMMONS VOIDANCE FORM (PD160-153).
a. Ensure summons is scanned into ESTS utilizing bar code reader
b. If bar code reader is inoperable, entries will be made into ESTS
manually
c. Notify patrol borough of defective/inoperable bar code reader and
obtain replacement
d. Enter notification in Telephone Record.
10. Confer with Commanding Officer, Investigation Review Section prior to
processing report of investigation, IF agency copy of summons has been
forwarded to the appropriate adjudicating agency prior to discovery of
error, or is otherwise unavailable. DO NOT deal directly with
adjudicating agency in these cases.
11. DO NOT mark copies of summons “VOID”.
12. Forward first two copies of SUMMONS VOIDANCE FORM with
available copies of summons to Chief of Department Investigation
Review Section, through channels.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-18 08/01/13 2 of 2

COMMAND 13. File remaining copy of SUMMONS VOIDANCE FORM with


CLERK photocopy of summons.

ADDITIONAL The Commanding Officer, Investigation and Review Section will ensure that one copy of
DATA the SUMMONS VOIDANCE FORM is forwarded to the Chief of Internal Affairs when
a summons is voided for Penal Law Section 240.35, “Loitering” subsections 1, 3 or 7.

FORMS AND SUMMONS VOIDANCE FORM (PD160-153)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-19

TRANSIT ADJUDICATION BUREAU - NOTICE OF VIOLATION


AND HEARING SERVED OR PREPARED IN ERROR
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide a procedure for the voiding of Transit Adjudication Bureau Notices
of Violation and Hearing (TAB/NOV) which have been prepared in error.

PROCEDURE When a uniformed member of the service issues or prepares a TAB/NOV in error.

WHEN ALL COPIES OF THE TAB/NOV ARE AVAILABLE:

UNIFORMED 1. Bring all three parts of the TAB/NOV to the district/unit office and
MEMBER OF inform commanding officer of the facts.
THE SERVICE 2. Surrender all parts of the TAB/NOV to the commanding officer.

COMMANDING 3. Conduct an investigation.


OFFICER 4. Prepare SUMMONS VOIDANCE FORM (PD160-153).
5. Mark all copies of TAB/NOV “VOID” across face.
6. Forward first copy of FORM with all parts of the TAB/NOV to the Chief
of Transit Bureau, DIRECT.
a. Retain second copy of completed SUMMONS VOIDANCE
FORM and a photocopy of the TAB/NOV on file with the
integrity control officer.
b. Return last copy of completed SUMMONS VOIDANCE FORM
to the issuing uniformed member of the service for subsequent
submission along with CERTIFICATION OF TAB/NOV
SERVED (PD160-147) and the remaining “Officer” copies of
issued TAB/NOV.
c. Forward a photocopy of the TAB/NOV and SUMMONS
VOIDANCE FORM to the Transit Borough concerned for
informational purposes.

COMMANDING 7. Review SUMMONS VOIDANCE FORM and endorse accordingly.


OFFICER, a. Have entire package placed in an annual file marked, “VOIDED
TRANSIT TAB/NOV” and retain for five years, if request is approved.
BUREAU/ b. Have entire package forwarded to Commanding Officer, Transit
DESIGNEE Bureau Investigation Unit for review and comment, when
appropriate, if request is disapproved.

NOTE In other cases, return package to originating command for additional information, etc.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-19 08/01/13 2 of 2

WHEN RECIPIENT IS NO LONGER PRESENT WITH THE


RESPONDENT’S COPY OF THE TAB/NOV - OR - DEPARTMENT COPY
(WHITE) HAS BEEN FORWARDED FOR PROCESSING:

UNIFORMED 8. Bring remaining parts of the TAB/NOV to the district/unit office and
MEMBER OF inform commanding officer of the facts.
THE SERVICE 9. Surrender remaining parts of the TAB/NOV to the commanding officer.

COMMANDING 10. Conduct an investigation.


OFFICER 11. Prepare SUMMONS VOIDANCE FORM.
12. DO NOT mark remaining copies of the TAB/NOV “VOID.”
13. Forward first copy of SUMMONS VOIDANCE FORM with all parts of
the TAB/NOV to the Chief of Transit Bureau, THROUGH CHANNELS.
a. Retain second copy of completed SUMMONS VOIDANCE
FORM and a photocopy of the TAB/NOV on file with the
integrity control officer.
b. Return last copy of completed SUMMONS VOIDANCE FORM to
the issuing uniformed member of the service for subsequent submission
along with CERTIFICATION OF TAB/NOV SERVED CARD and
the remaining “Officer” copies of issued TAB/NOV.

CHIEF OF 14. Review SUMMONS VOIDANCE FORM and endorse accordingly.


TRANSIT a. Mark the TAB/NOV “VOID”, if request is approved.
BUREAU/ (1) Forward photocopies of the TAB/NOV and the
DESIGNEE SUMMONS VOIDANCE FORM to the Director, Transit
Adjudication Bureau.
(2) Have entire package placed in an annual file marked,,
“VOIDED TAB/NOV” and retain for five years.
b. Have entire package forwarded to the Commanding Officer, Transit
Bureau Investigation Unit for review and comment, if disapproved.

NOTE In other cases, return package to originating command for additional information, etc.

ADDITIONAL When a uniformed member of the service determines that he/she made a clerical error
DATA on a TAB/NOV PRIOR TO THE ISSUANCE OF THE RESPONDENT’S COPY, the
uniformed member concerned shall immediately issue a properly prepared TAB/NOV to
the respondent and return all copies of the improperly prepared TAB/NOV to their
commanding officer for processing in accordance with this procedure.

FORMS AND SUMMONS VOIDANCE FORM (PD160-153)


REPORTS CERTIFICATION OF TAB/NOV SERVED (PD160-147)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-20

SUMMONS SERVED OUTSIDE PERMANENT COMMAND


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To record and account for summonses served outside the permanent command of
uniformed member of the service.

PROCEDURE After a uniformed member serves a summons in a command other than his/her
permanent command, follow normal summons procedure and:

SUMMONSING 1. Prepare two copies of SUMMONS RECEIPT (PD260-011).


MEMBER

NOTE Separate SUMMONS RECEIPTS MUST BE prepared when:


a. Summonses issued are returnable to different adjudicating agencies
b. Summonses are returnable on different dates
c. Summonses are issued from different summons packets.

2. Deliver appropriate parts of summonses and RECEIPT to desk officer,


precinct of occurrence.

DESK OFFICER 3. Check summonses against those listed on RECEIPT.


4. Sign copy of RECEIPT and return to summonsing member.
5. Attach remaining copy of RECEIPT to summons listed thereon.
SUMMONSING 6. Deliver RECEIPT to desk officer of permanent command at completion
MEMBER of tour.
DESK OFFICER 7. Ascertain that summonses listed on RECEIPT have been processed.
1ST PLATOON 8. Sign and date RECEIPT.
9. Forward RECEIPT in multi-use envelope to command of summonsing member.
COMMAND 10. Ascertain that copy of RECEIPT is received from precinct of record
CLERK, within seven days after date of service of summons.
SUMMONSING 11. Compare both copies of RECEIPT for discrepancy.
MEMBER’S 12. File copy of RECEIPT with related CERTIFICATION OF
COMMAND MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) or
CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146).
13. Destroy remaining copy of RECEIPT.
ADDITIONAL The Citywide Traffic Task Force and the Highway District are commands of record for
DATA summonses served within their territorial jurisdictions by uniformed members of the
service assigned to these commands.
RELATED Summons Served Outside Permanent Command - Papers Lost (P.G. 209-21)
PROCEDURES
FORMS AND CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED
REPORTS (PD160-145)
CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146)
SUMMONS RECEIPT (PD260-011)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-21

SUMMONS SERVED OUTSIDE PERMANENT COMMAND


PAPERS LOST
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To provide adjudicating agency with copy of summons complaint if original


copy is lost.

PROCEDURE If a discrepancy is discovered between the SUMMONS RECEIPT (PD260-011)


and the summons issued or if the SUMMONS RECEIPT and/or copies of the
summons are lost:

COMMANDING 1. Conduct investigation of the circumstances.


OFFICER OF 2. Notify commanding officer of command of record if SUMMONS
SUMMONSING RECEIPT not received.
MEMBER

IF SUMMONS WAS PROPERLY RECORDED AND PROCESSED BUT


RECEIPT IS LOST:

CLERK - 3. Check command records/files.


COMMAND OF 4. Prepare SUMMONS RECEIPT if unable to locate receipt and mark
RECORD across face “Duplicate.”
5. Deliver receipt to desk officer for signature.
6. Forward duplicate receipt to commanding officer of summonsing member.

IF COMPLAINT COPY OF SUMMONS IS LOST:

CLERK - 7. Duplicate summonsing member’s copy of summons.


COMMAND OF 8. Prepare report to adjudication agency on OFFICIAL LETTERHEAD
RECORD (PD158-151) indicating that the complaint copy of the summons was lost
and the member’s copy is being substituted for the complaint copy.
9. Deliver report to commanding officer for signature.
10. Forward report and member’s copy of summons to adjudicating agency
as original summons.
11. Give summonsing member duplicate copy of summons for submission
with CERTIFICATION OF MOVING/CRIMINAL COURT
SUMMONSES SERVED (PD160-145) or CERTIFICATION OF
PARKING SUMMONSES SERVED (PD160-146).

RELATED Summons Served Outside Permanent Command (P.G. 209-20)


PROCEDURE
FORMS AND CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED
REPORTS (PD160-145)
CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146)
SUMMONS RECEIPT (PD260-011)
OFFICIAL LETTERHEAD (PD158-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-22

SUMMONS NOTIFICATION
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 2

PURPOSE To notify agencies or units concerned in certain summons cases.

PROCEDURE When a summons has been served for the following offenses, follow normal
summons processing procedure and:

DESK OFFICER 1. Make telephone notification to agency concerned as indicated below:

OFFENSE NOTIFY

a. Soliciting contributions in public (Section  Department of Social Services


603-11.0, Administrative Code.)

b. Traffic offense by operator of Parks  Parks Department,


Department vehicle. Director of Maintenance

c. Moving traffic infraction committed by  NYC Department of Education,


school bus operator while actually Office of Pupil Transportation
transporting children.

d. Summonses issued to private carting  Business Integrity Commission


vehicle for moving violations under the
NYS Vehicle and Traffic Law and the
NYC Traffic Rules; violations of the
Office of Administrative Trials and
Hearings (OATH); and, violations of the
NYC Department of Consumer Affairs or
the NYC Department of Health.

2. Forward REPORT OF VIOLATION (PD672-151) to:


a. Department of Consumer Affairs when summons issued to towing
car owner or driver.

NOTE Tow trucks of certain organizations and tow truck operators who are employed by and
are actually operating a tow truck of such organization are exempt from Department of
Consumer Affairs licensing regulations. Those EXEMPT ORGANIZATIONS are:
a. Governmental agencies
b. Franchise public transportation companies
c. Taxi companies - licensed by Taxi and Limousine Commission
d. School bus companies (as defined in VTL)
e. Public utility companies
f. Motor vehicle rental agencies.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-22 05/31/18 2 of 2

DESK OFFICER 3. Prepare report on OFFICIAL LETTERHEAD (PD158-151) and forward


(continued) direct to Bureau of Enforcement, N.Y.C. Department of Air Resources, 120
Wall Street, New York 10005, when a summons is served for an air
pollution violation (other than a smoking vehicle). Report will include:
a. Summons number
b. Violation (full section number)
c. Time and date
d. Place of occurrence
e. Details
f. Defendant’s name and address
g. Rank, name, shield number and command of summonsing officer.
4. Forward a duplicate copy of summons served for violation of Section 11-801,
Administrative Code “no commercial motor vehicle tax stamp” to the Chief
of Department, Investigation and Review Section accompanied by a Typed
Letterhead indicating reason summons was served.
a. Investigation and Review Section will forward the duplicate
summons to New York City Department of Finance.

RELATED Conditions of Service (P.G. 209-01)


PROCEDURES Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)

FORMS AND OFFICIAL LETTERHEAD (PD158-151)


REPORTS REPORT OF VIOLATION (PD672-151)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-23

TAXI AND LIMOUSINE COMMISSION NOTIFICATIONS


RE: VIOLATIONS AND ENFORCEMENT ACTION
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 2

PURPOSE To notify the New York City Taxi and Limousine Commission when
enforcement action is taken for violations committed by taxicab/taxi and
limousine plate owners/operators, or operators of vehicles, which should be
regulated by the Taxi and Limousine Commission and to report other violations
for which no enforcement action was taken or was inappropriate.

DEFINITION ENFORCEMENT ACTION - For the purpose of this procedure includes, but is
not limited to, the issuance of:
a. Summonses for moving violations,
b. Summonses for violations returnable to Criminal Court, AND
c. Civil Summons Returnable to the Office of Administrative Trials and
Hearings (OATH) returnable to the Office of Administrative Trials and
Hearings (OATH).

NOTE A REPORT OF VIOLATION (PD672-151) will not be prepared when a summons is


issued as described above.

PROCEDURE Upon taking any enforcement action against owners/operators of vehicles licensed
or those owners/operators of vehicles that should be licensed by the New York
City Taxi and Limousine Commission:

UNIFORMED 1. Comply with P.G. 209-09, “Personal Service of Summonses Returnable


MEMBER OF to Traffic Violations Bureau or Criminal Court” or P.G. 209-12,
THE SERVICE “Personal Service of Civil Summons Returnable to the Office of
Administrative Trials and Hearings (OATH) - General Procedure - Non-
CJRA Offenses,” as appropriate.

TRAFFIC 2. Make two photocopies of front of original summons.


SAFETY 3. Enter next sequential number from “Report of Violation” log on the top of
OFFICER each photocopy of summons.
4. Have one photocopy of summons forwarded to the New York City Taxi
and Limousine Commission, in lieu of REPORT OF VIOLATION.
5. File second copy of summons in rear of “Report of Violation” log or
command file.

NOTE A REPORT OF VIOLATION will continue to be prepared in those instances where


operators of taxicabs/Taxi and Limousine Commission licensed vehicles or operators of
vehicles that should be licensed by the Taxi and Limousine Commission are arrested or
become aided cases (see P.G. 208-58, “Taxicab and Tow Truck Owners/Operators,”
and 216-10, “Taxicab Drivers”).

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-23 05/31/18 2 of 2

WHEN A CIVILIAN PASSENGER OR MEMBER OF THE SERVICE REPORTS


A VIOLATION FOR WHICH ENFORCEMENT ACTION IS NOT NECESSARY
OR POSSIBLE (e.g. COMPLAINT OF DIRTY TAXI, FARE DISPUTE, ETC.)

DESK OFFICER 6. Cause preparation of REPORT OF VIOLATION (PD672-151).


7. Obtain following information from complainant, if possible:
a. Driver's identification number.
b. Driver's name and date of birth.
c. Medallion number of vehicle.
8. Insert New York State registration number on REPORT OF
VIOLATION when above information cannot be obtained.
9. Forward one copy of REPORT OF VIOLATION to Taxi and
Limousine Commission.
a. File other copy in precinct.

ADDITIONAL Licensees are required to cooperate with Police Department in the performance of their
DATA duties particularly with regard to the following regulations:
a. Licensees may not conceal evidence of crime nor voluntarily aid violators of law
to escape arrest.
b. Licensees are required to immediately report to the Police Department any
unlawful acts directly connected with their licensed vehicles, or any use or attempt
to use their vehicles in connection with a crime or escape from the scene of a
crime.
Any member of the service who has occasion to inspect a taxicab that is involved in a
collision, operated in violation of law, or used in the commission of a crime, will make
an inspection of such taxicab in respect to its mechanical condition. Member will note
all defects and report the facts, through the commanding officer, to the Taxi and
Limousine Commission. If an arrest is made, a record and disposition will be included in
the report.
The desk officer will adjudicate fare disputes. Failure to comply with the decision will
subject offender to a charge of Theft of Services, Section 165.15, subdivision 3, Penal
Law. Upon payment of fare, driver is required to give passenger a receipt.
Adjudication of fare dispute does not deprive passenger of the right to report violations
of Taxi and Limousine Commission Rules and Regulations. The desk officer will record
such allegations on REPORT OF VIOLATION and forward as indicated above.

RELATED Taxicab and Tow Truck Owners/Operators (P.G. 208-58)


PROCEDURES Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Personal Service of Civil Summons Returnable to the Office of Administrative Trials and
Hearings (OATH) - General Procedure - Non-CJRA Offenses (P.G. 209-12)
Taxicab Drivers (P.G. 216-10)

FORMS AND REPORT OF VIOLATION (PD672-151)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-24

MANDATORY DRIVER’S LICENSE CHECKS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 2

PURPOSE To identify persons operating vehicles with suspended/revoked licenses by


conducting mandatory driver’s license checks.

SCOPE Mandatory driver’s license checks are to be conducted when uniformed members
of the service respond to:
a. Traffic collisions involving death or physical injury (whether injury is observed
or complained of).
b. Traffic collisions regardless of injuries, if RMP is equipped with a Mobile
Digital Terminal (computer).
c. Car stops and the vehicle operator does not present a New York State driver’s
license.
d. All car stops if the RMP is equipped with a Mobile Digital Terminal (computer).
e. Other situations, e.g., arrest, traffic violation, etc., which under the circumstances
require further investigation.

PROCEDURE When conducting a mandatory driver’s license check:

UNIFORMED 1. Request response of RMP equipped with mobile digital terminal (computer).
MEMBER OF a. Request radio dispatcher to conduct driver’s license check, if
THE SERVICE computer equipped vehicle is not available.
2. Comply with P.G. 209-26, “Suspended or Revoked Vehicle Operator’s
License,” if computer or other check discloses that operator is driving with
a suspended/revoked license.

ADDITIONAL DMV COMPUTER INOPERATIVE


DATA
If the Department of Motor Vehicles computer is inoperative, the license check as
described in this procedure cannot be conducted. When circumstances do not warrant
detention and the operator of the vehicle possesses a valid driver’s license, vehicle
registration, insurance card, etc., the uniformed member of the service concerned will
make an entry in his/her ACTIVITY LOG (PD112-145) and include the operator’s name,
address, telephone number, date of birth, and driver’s license number.

SEARCH OF DMV RECORDS

Uniformed members of the service should be guided by the following indicators when
conducting license/name checks of motor vehicle operators:

a. When conducting license/name checks always run a group search of the last name,
first name, and sex without the date of birth or any middle initial (common names
such as Smith, Garcia, etc. may prohibit such a search due to the large number of
responses generated).
b. Examine DMV files containing the same name/address with different dates of
birth.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-24 02/04/15 2 of 2

ADDITIONAL c. Examine motor vehicle operator’s documents to determine if identification with other names,
DATA addresses, or dates of birth are possessed. Invoice any items found suggesting additional
(continued) driving records/identifications.
d. Be alert to out-of-state licenses which may have been issued under lax
identification standards.
e. Review a suspect’s criminal history in Department databases such as C.A.R.S. and
B.A.D.S. to ascertain additional aliases, addresses, or dates of birth.
f. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-
160) form, if applicable. Attach all pertinent supporting data and submit to desk officer for
review, before distributing as per instructions on form.

FALSE PERSONATION

When attempting to ascertain a prisoner’s identity, the uniformed member of the service
concerned should inform the prisoner that knowingly misrepresenting his or her actual
name, date of birth, or address to a police officer, with intent to prevent a police officer
from ascertaining such information, is punishable as a crime. Prisoners who knowingly
misrepresent their pedigree information should be charged under Penal Law 190.23
(False Personation, B. Misd.).

RELATED Suspended or Revoked Vehicle Operator’s License (P.G. 209-26)


PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01)
Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury
(P.G. 217-02)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-26

SUSPENDED OR REVOKED VEHICLE OPERATOR’S LICENSE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To remove and process driver’s licenses that have been suspended/revoked.

PROCEDURE When a uniformed member of the service stops a vehicle and discovers that the
operator is driving with a suspended/revoked drivers license:

UNIFORMED 1. Confiscate driver’s license.


MEMBER OF 2. Prepare SEIZED DRIVER’S LICENSE RECEIPT/REPORT (PD634-152)
THE SERVICE and CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST
(PD135-160) form, if applicable.
3. Give operator of vehicle receipt for license by utilizing original copy of
bottom half of SEIZED DRIVER’S LICENSE RECEIPT/REPORT.
a. If operator has any suspensions or his/her license has been revoked
for any reason, remove to command and process for Desk
Appearance Ticket (DAT). If ineligible for DAT continue arrest
processing and bring FINEST printout, if available, to Central
Booking with prisoners.

NOTE See New York State Vehicle and Traffic Law Section 511[1][a], 511[2][a], and 511[3][a]
(effective 11-1-93), for appropriate charges.

4. Do not mark or mutilate license in any manner.


5. Have violator’s vehicle parked in legal parking area until registered owner
can arrange to have vehicle removed from scene by licensed operator.
DESK OFFICER 6. Forward confiscated license with original top half of SEIZED DRIVER’S
LICENSE RECEIPT/REPORT and CONSOLIDATION OF CLIENT
IDENTIFICATION REQUEST form, if appropriate, as directed.
a. Review for accuracy CONSOLIDATION OF CLIENT
IDENTIFICATION REQUEST form prior to forwarding.
7. File duplicate copy of SEIZED DRIVER’S LICENSE
RECEIPT/REPORT and CONSOLIDATION OF CLIENT
IDENTIFICATION REQUEST form, if applicable, in command.

IF VIOLATOR CLAIMS SUSPENSION/REVOCATIONS HAVE BEEN REMOVED


AND CONDITION CORRECTED WITHIN PAST FOURTEEN DAYS:

UNIFORMED 8. Request violator to produce one of following documents:


MEMBER OF a. Newly validated license, OR
THE SERVICE b. Temporary license, OR
c. Department of Motor Vehicle receipt or communication (with
number of original suspension/revocation order).
(1) If documents presented are dated AFTER suspension or
revocation order, such documents will verify that license is
no longer suspended/revoked.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-26 08/01/13 2 of 2

UNIFORMED 9. Telephone local office of Department of Motor Vehicles (between 0830 and
MEMBER OF 1600 hours, Monday through Friday) for verification, if operator does not
THE SERVICE produce the requested documents.
(continued) 10. Request verification of claim from the FINEST System, when offices of
Department of Motor Vehicles are closed.
a. If verification cannot be made, comply with normal summons/arrest
procedure and advise violator to report to his/her local Department
of Motor Vehicles office and obtain a temporary license until
original license is returned.

ADDITIONAL SEARCH OF DMV RECORDS


DATA
Uniformed members of the service should be guided by the following indicators when
conducting license/name checks of motor vehicle operators:

a. When conducting license/name checks always run a group search of the last name,
first name, and sex without the date of birth or any middle initial (common names
such as Smith, Garcia, etc. may prohibit such a search due to the large number of
responses generated).
b. Examine DMV files containing the same name/address with different dates of
birth.
c. Examine motor vehicle operator’s documents to determine if identification with
other names, addresses, or dates of birth are possessed. Invoice any items found
suggesting additional driving records/identifications.
d. Be alert to out-of-state licenses which may have been issued under lax
identification standards
e. Review a suspect’s criminal history in Department databases such as C.A.R.S. and
B.A.D.S. to ascertain additional aliases, addresses, or dates of birth.
f. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form,
if applicable. Attach all pertinent supporting data and submit to desk officer for
review, before distributing as per instructions on form.

FALSE PERSONATION

When attempting to ascertain a prisoner’s identity, the uniformed member of the service
concerned should inform the prisoner that knowingly misrepresenting his or her actual
name, date of birth, or address to a police officer, with intent to prevent a police officer
from ascertaining such information, is punishable as a crime. Prisoners who knowingly
misrepresent their pedigree information should be charged under Penal Law 190.23
(False Personation, B. Misd.).

RELATED Desk Appearance Ticket - General Procedure (P.G. 208-27)


PROCEDURES Suspension and Revocation Orders (P.G. 212-80)

FORMS AND SEIZED DRIVER’S LICENSE RECEIPT/REPORT (PD634-152)


REPORTS CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-27

SERVICE OF A SUMMONS - REMOVAL OF IGNITION KEY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To reduce incidents of auto theft.

PROCEDURE When a uniformed member of the service observes the key in the ignition of an
unattended motor vehicle for more than three minutes:

UNIFORMED 1. Lock ignition.


MEMBER OF 2. Remove key.
THE SERVICE 3. Prepare two copies of REMOVAL OF IGNITION KEY (PD571-121).
4. Attach one copy of REMOVAL OF IGNITION KEY to steering wheel
and attach remaining copy to key.
5. Prepare summons for violation of Administrative Code, returnable to
Parking Violations, and place on windshield.
6. Give summons and key to violator and destroy REMOVAL OF
IGNITION KEY, if violator returns while member is at scene.
7. Deliver key with attached tag to desk officer if violator does not return.

DESK OFFICER 8. Return key to violator upon appearance at command.


9. Invoice key to Property Clerk and destroy REMOVAL OF IGNITION
KEY if not claimed within forty-eight hours.

FORMS AND REMOVAL OF IGNITION KEY (PD571-121)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-28

UNLICENSED TOW TRUCK OPERATORS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/18 08/28/18 1 of 2

PURPOSE To summons an unlicensed tow truck operator.

DEFINITIONS For the purpose of this procedure the following definitions will be utilized:

EXEMPT TOW TRUCK - A tow truck owned or operated by/for:


a. A governmental agency
b. A vehicle dismantler
c. Franchised public transportation
d. A bus company
e. A utility company
f. An owner of a taxi(s) or a livery vehicle which is licensed to operate by
the Taxi and Limousine Commission
g. A school bus company
h. A vehicle rental agency.

NOTE This procedure does not apply to a tow truck from outside New York City that is:
a. Merely passing through the City, OR
b. Picking up a motor vehicle within New York City in order to take it outside the
City, OR
c. Bringing a vehicle from outside New York City for drop off at a destination
within New York City.

TOWING - The use of a tow truck to move a vehicle in which a fee, charge,
or other consideration is directly or indirectly imposed for such moving.

PURPOSE When a uniformed member of the service observes an unlicensed tow truck operator:

UNIFORMED 1. Issue summons, if operator is eligible, for violation of Administrative


MEMBER OF Code Section 20-496(b), returnable to Criminal Court.
THE SERVICE 2. Prepare REPORT OF VIOLATION (PD672-151), and enter under “Details”:
a. Violation of Unlicensed Tow Truck Operator, Administrative
Code, Section 20-496(b).
b. List registered owner/address from the Certificate of Registration. If
Certificate of Registration is not available, issue summons and obtain
FINEST printout of the identity and address of registered owner.
3. Submit REPORT OF VIOLATION with FINEST System printout of
registered owner if applicable, to the desk officer.

NOTE It is of extreme importance that the REPORT OF VIOLATION be properly prepared


since information contained thereon forms the basis for subsequent imposition of
administrative sanctions by the Department of Consumer Affairs.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-28 08/28/18 2 of 2

DESK OFFICER 4. Review the REPORT OF VIOLATION for completeness and accuracy.
5. Forward two copies, with FINEST printout of registered owner attached,
when applicable, to the Department of Consumer Affairs, Licensing
Enforcement Section, 42 Broadway, New York, New York 10004.

ADDITIONAL Each person operating a tow truck, other than in cases where this procedure does not
DATA apply, must have in their possession a Tow Truck Driver License issued by the
Department of Consumer Affairs. These licenses include the name of the driver,
identification number and photo.

RELATED Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58)


PROCEDURES Conditions of Service (P.G. 209-01)
Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Summons Notifications (P.G. 209-22)
Appearances at Department of Consumer Affairs (P.G. 211-13)

FORMS AND REPORT OF VIOLATION (PD672-151)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-29

SEIZURE OF UNLICENSED TOW TRUCK


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/27/15 10/27/15 1 of 8

PURPOSE To seize unlicensed tow trucks that are required to be licensed by the New York
City Department of Consumer Affairs.

DEFINITIONS TOW TRUCK - shall mean a vehicle that is equipped with a crane, winch, tow bar, push
plate or other device designed to pull, push, or raise a vehicle from the front or rear.

TOWING – The use of a tow truck to move a vehicle in which a fee, charge, or
other consideration is directly or indirectly imposed for such moving.

NOTE An employee of a repair shop registered pursuant to Article 12A of the New York State
Vehicle and Traffic Law shall not be deemed to be engaged in "towing " when such
employee test drives a tow truck that has been repaired or is to be repaired by such repair
shop, and the tow truck is not transporting another vehicle, and the test drive takes place
within a one mile radius of the repair shop’s premises.

EXEMPT TOW TRUCK - Tow trucks owned or operated by/for the following
entities are exempt from this procedure:
a. Government agency
b. Vehicle dismantler
c. Franchised public transportation
d. Bus company
e. Utility company
f. Taxi/livery vehicle owner who is licensed to operate by the Taxi and
Limousine Commission
g. School bus company
h. Vehicle rental agency

NOTE Exempt tow trucks will be identified by a sticker. This exemption sticker is affixed to the
right inside portion of the windshield next to the vehicle’s tax stamp. In addition to the
exempt vehicles listed above, there are certain tow trucks which shall not be subject to seizure
under this procedure. These include company owned trucks that are used to tow only company
owned vehicles, e.g., oil companies, bakeries, etc.

A tow truck from outside New York City that is merely passing through the City, or that is only
picking up or dropping off a vehicle within New York City, is also exempt from the provisions of
this procedure.

PROCEDURE When a uniformed member of the service observes a tow truck not licensed by
the New York City Department of Consumer Affairs or not bearing an exemption
sticker, and which is not exempt from this procedure, engaged in towing as
defined above:

UNIFORMED 1. Determine if the operator of the tow truck has the following:
MEMBER OF a. A New York State driver’s license with tow truck endorsement.
THE SERVICE
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-29 10/27/15 2 of 8

NOTE Section 501(b)(viii) of the Vehicle and Traffic Law requires that a driver’s license bear a
“CT” endorsement in order for the holder to operate a tow truck.

UNIFORMED b. Department of Consumer Affairs tow truck driver's license.


MEMBER OF c. See ADDITIONAL DATA for description of a properly licensed
THE SERVICE tow truck and companion graphic.
(continued) 2. Ascertain whether tow truck is:
a. Exempt, or
b. Registered in New York City or,
c. The tow company's place of business is within New York City.
3. Verify that the tow truck and/or the vehicle being towed are not stolen.
a. Comply with appropriate procedures if either vehicle is reported
stolen.
4. Request the response of the patrol supervisor.

PATROL 5. Respond to the scene and verify that the tow truck to be seized meets the
SUPERVISOR appropriate criteria.

NOTE If doubt exists, direct the member to prepare a REPORT OF VIOLATION (PD672-
151) only and release the tow truck.

6. Direct the officer to issue summons as necessary for other violations


observed, if appropriate.
7. Advise the officer to obtain sufficient information regarding the tow truck
and towed vehicle for preparation of a PROPERTY CLERK INVOICE
WORKSHEET (PD521-141A).

NOTE If the owner/operator of the vehicle being towed by the unlicensed tow truck is present,
release the vehicle to the owner/operator but do not release the unlicensed tow truck. A
description of the vehicle released must be entered in the “Remarks” section of the
INVOICE. If the vehicle was involved in a collision, the officer will offer the owner of
the vehicle the services of the Directed Accident Response Program (DARP). If the
vehicle was merely being towed by an unlicensed tow truck and the owner is present,
advise the owner of the vehicle that he may have his vehicle towed by any licensed tow
company of his choice or by the responding Department of Consumer Affairs contracted
tow company.

PATROL 8. Provide the member with a Department of Consumer Affairs


SUPERVISOR Summons/Notice of Violation and Hearing.

UNIFORMED 9. Prepare Summons/Notice of Violation and Hearing.


MEMBER OF a. Include in "Details of Violation” section the vehicle identification
THE SERVICE number (VIN) of the tow truck seized.
b. Select a return date within five business days of the seizure for
either 0930 or 1400 hours.
c. Issuing officer must appear at the Department of Consumer
Affairs on the selected return date.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-29 10/27/15 3 of 8

NOTE The return date selected will not be the same day as the seizure, nor on a regularly
scheduled day off (RDO) of the member issuing the summons.

UNIFORMED 10. Deliver the pink copy of the summons to the tow truck driver.
MEMBER OF a. Retain remaining copies and bring them to the Department of
THE SERVICE Consumer Affairs hearing on the return date.
(continued) b. Deliver the buff (hard) copy to the patrol supervisor.

PATROL 11. Advise member that the Department of Consumer Affairs approved
SUPERVISOR towing company will be contacted to respond to the scene.

NOTE The patrol supervisor will advise the member that the responding Department of
Consumer Affairs approved tow company must have a Department of Consumer Affairs
Vehicle Transfer Authorization - Acknowledgment of Transfer properly signed and
embossed with a raised seal. In certain instances involving heavy-duty tows the
authorized Department of Consumer Affairs tow company may subcontract the tow to
one of the alternate tow companies listed in the Additional Data section. The alternate
tow company will present a fax copy of the Department of Consumer Affairs Vehicle
Transfer Authorization - Acknowledgment of Transfer to the member. The alternate
authorized company must remove the vehicle to the primary authorized tow company's
storage location. The member of the service may contact the primary authorized tow
company. The primary authorized tow company will, upon request, arrange to have a
copy of the original Vehicle Transfer Authorization and Acknowledgment delivered to
the member’s command.

12. Respond to the command and contact the Department of Consumer


Affairs approved contracted towing company (see ADDITIONAL DATA
for approved tow company).
13. Provide the Department of Consumer Affairs approved tow company
with the following information:
a. Location of the seizure.
b. If the seized tow truck is an unusually large vehicle.
c. The number of tow trucks needed.

NOTE Request one tow truck if only an unlicensed tow truck is involved and two tow trucks if
the unlicensed tow truck was towing a vehicle.

14. Ensure that the Department of Consumer Affairs tow company


acknowledges that the requested tow truck is for a seizure and not any
other program (e.g. Rotation Tow, etc.).
15. Enter in the REPORT OF VIOLATION log the name of the:
a. Department of Consumer Affairs approved tow company notified
to remove the seizure.
b. Person at the approved tow company who was notified.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-29 10/27/15 4 of 8

UNIFORMED 16. Inspect Department of Consumer Affairs Vehicle Transfer


MEMBER OF Authorization - Acknowledgment of Transfer provided by the
THE SERVICE responding Department of Consumer Affairs tow company operator for:
a. Authorized signature
b. Embossed seal.

NOTE The responding Department of Consumer Affairs tow company may only have a faxed
copy of the Department of Consumer Affairs Vehicle Transfer Authorization -
Acknowledgment of Transfer.

17. Advise the Department of Consumer Affairs tow company operator to


complete and sign the top portion of the Department of Consumer
Affairs Vehicle Transfer Authorization - Acknowledgment of
Transfer form.
18. Complete bottom portion of form and sign.
a. Retain the completed form.
19. Allow the Department of Consumer Affairs authorized tow operator to
remove the unlicensed tow truck.

NOTE The authorized tow company will also remove any vehicle being towed by the unlicensed
tow truck if necessary. Such a vehicle will not be listed on the Department of Consumer
Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer.
20. Prepare PROPERTY CLERK INVOICE WORKSHEET for seized
tow truck only.
a. Check “Investigatory” caption box in category of property section
on top of form.
b. Indicate in "Remarks" section:
(1) "F.O.A. Released to Department of Consumer Affairs"
(2) Full description of vehicle being towed by the unlicensed
tow truck and whether the vehicle was released at the
scene, towed by the Department of Consumer Affairs
authorized tow company, or other disposition (e.g. DARP
tow).
NOTE Personal property invoiced will not be put on the same INVOICE as the seized tow
truck. Personal property will be invoiced on a separate PROPERTY CLERK
INVOICE (PD521-141).

21. Deliver the INVOICE WORKSHEET to the desk officer.


22. Advise the desk officer of the return date for the Department of
Consumer Affairs hearing.

DESK OFFICER 23. Direct roll call to enter the return date in the diary.
a. Roll call will notify Appearance Control Unit via the Court
Appearance Control System (CACS).
24. Verify the accuracy and completeness of the INVOICE WORKSHEET.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-29 10/27/15 5 of 8

DESK OFFICER 25. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered


(continued) into the Property and Evidence Tracking System to generate a
PROPERTY CLERK INVOICE.
26. Create a PROPERTY TRANSFER REPORT (PD521-1412), utilizing
the “External Transfer” function in the Property and Evidence Tracking
System, with the destination of the authorized Department of Consumer
Affairs tow company who removed the unlicensed tow truck.
a. Enter in “Remarks” section of PROPERTY TRANSFER
REPORT “Released to the Department of Consumer Affairs
representative – RELEASED F.O.A.”.

UNIFORMED 27. Electronically sign PROPERTY TRANSFER REPORT.


MEMBER OF
THE SERVICE

DESK 28. Electronically sign PROPERTY TRANSFER REPORT.


OFFICER 29. Direct the member to:
a. Notify the Department of Consumer Affairs of the seizure. A
message can be left via voice mail 24 hours a day, if other than
normal business hours.
b. Fax to the Department of Consumer Affairs, (twenty-four hours a
day):
(1) A copy of the Department of Consumer Affairs Vehicle
Transfer Authorization-Acknowledgment of Transfer.
(2) A copy of the Department of Consumer Affairs
Summons/Notice of Violation and Hearing.
30. Attach Department of Consumer Affairs Vehicle Transfer
Authorization – Acknowledgment of Transfer to “Property Clerk”
copy of PROPERTY CLERK INVOICE.
31. File “Property Clerk” copy of the INVOICE in the “Closed” file at
command.
32. Direct the member seizing the tow truck to notify its owner via telephone
and in writing of the location of any vehicle towed in conjunction with
the seizure.
33. Make a Command Log entry of the following:
a. Name, rank, shield and tax registry numbers of the member
seizing the unlicensed tow truck.
b. Location of seizure.
c. Description of vehicle seized.
d. Description and disposition of any vehicles being towed by the
unlicensed tow truck.
e. Name and location of Department of Consumer Affairs authorized
tow company which accepted vehicles.
f. PROPERTY CLERK INVOICE number.
g. Return date for hearing.

NEW  YORK  CITY  POLICE  DEPARTMENT


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209-29 10/27/15 6 of 8

UNIFORMED 34. Make a complete ACTIVITY LOG (PD112-145) entry of the seizure.
MEMBER OF
THE SERVICE

ADDITIONAL PRIMARY AUTHORIZED DEPARTMENT OF CONSUMER AFFAIRS TOW


DATA COMPANY

SOLID GOLD
578 COZINE AVENUE
BROOKLYN, NEW YORK 11208
Attention: Daniel P. Danner

The alternate authorized Department of Consumer Affairs tow companies will only be
contacted by the primary authorized tow company. The primary authorized tow
company is responsible for the removal of the vehicles and contacting any alternate
company that may be needed for a specialized removal. Under no circumstances will an
alternate tow company be contacted by a member of this Department for the removal of
an unlicensed tow truck seized by this Department. All requests for removal of seized
vehicles will be made to the primary authorized tow company.

ALTERNATE AUTHORIZED DEPARTMENT OF CONSUMER AFFAIRS TOW


COMPANY

Murray Rude Services, Inc. J & J Towing Inc.


494 Morgan Avenue 660 Gulf Avenue
Brooklyn, New York 11222 Staten Island, New York 10314

Russo & Whitlock


452 Coster Street
Bronx, New York 10474

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-29 10/27/15 7 of 8

ADDITIONAL GRAPHIC OF CONSUMER AFFAIRS TOW TRUCK WITH PROPERLY DISPLAYED


DATA ITEMS
(continued)

THIS IS AN EXAMPLE (NOT DRAWN TO SCALE) OF A PROPERLY DISPLAYED TOW


TRUCK MEDALLION (4 INCHES WIDE X 6 1/4 INCHES HIGH, RED METAL FLAT PLATE),
MEDALLION NUMBER AND OTHER INFORMATION. THE MEDALLION AND
MEDALLION NUMBER ARE PERMANENTLY AFFIXED TO THE TRUCK. NOTE THAT THE
MEDALLION NUMBER MUST BE RECORDED IN NUMBERS AT LEAST 12 INCHES HIGH.
ALL OTHER LETTERING AND NUMBERING MUST BE RECORDED IN LETTERS AND
NUMBERS AT LEAST 1 ½ INCHES HIGH. THE MEDALLION MUST BE AFFIXED TO THE
DRIVER SIDE, AND THE MEDALLION NUMBER MUST BE PAINTED ON BOTH THE
DRIVER SIDE AND PASSENGER SIDE.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-29 10/27/15 8 of 8

RELATED Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58)


PROCEDURES Conditions of Service (P.G. 209-01)
Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Summons Notifications (P.G. 209-22)
Appearances at Department of Consumer Affairs (P.G. 211-13)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS NOTICE OF VIOLATION (PD260-151)
PROPERTY CLERK INVOICE WORKSHEET (PD521-141A)
PROPERTY CLERK INVOICE (PD521-141)
PROPERTY TRANSFER REPORT (PD521-1412)
REPORT OF VIOLATION (PD672-151)
Department of Consumer Affairs Summons/Notice of Violation and Hearing
Department of Consumer Affairs Vehicle Transfer Authorization Acknowledgement
of Transfer

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-30

SUMMONS SERVED ON VEHICLE USED


ON DEPARTMENT BUSINESS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/25/19 06/25/19 1 of 3

PURPOSE To investigate circumstances of summons served on a vehicle while on official


Department business and/or utilized in the performance of urgent police action or
necessary police action.

DEFINITIONS The definitions listed below are ONLY applicable to this procedure:

URGENT POLICE ACTION – Police response to a call for service, typically a


response to an emergency or an active pursuit or an ongoing surveillance of a
moving subject.

NECESSARY POLICE ACTION – A response that is less than urgent police action
and taken to enhance public/officer safety or to detect and deter criminal activity. It does
not include actions taken solely for the convenience of uniformed members of the service.

VALID VERIFIABLE DEFENSE – Department of Finance, Parking Violations


Bureau, procedure for dismissing summonses issued to Department or authorized
private vehicles while on official Department business. Summonses issued for
the following safety violations are NOT eligible for a “Valid Verifiable
Defense,” absent urgent police action or necessary police action:
a. Double Parking
b. Fire Hydrant or Fire Zone
c. Bus Stop
d. Sidewalk
e. Crosswalks and Driveways
f. Obstruction of Traffic
g. No Standing Zones (except “No Standing Except Truck Loading and
Unloading”)
h. Snow Emergency
i. No Parking - Except Authorized Vehicles
j. No Stopping
k. No Parking - Taxi Stand
l. Within No Permit Areas - As indicated on the rear of Department issued
Vehicle Parking Permits (Misc. 740, Misc. 23-N, etc.).

PROCEDURE Upon receipt of a summons issued to a vehicle while on official Department business
and/or utilized in the performance of urgent police action or necessary police action.

UNIFORMED 1. Prepare SUMMONS PLEA FORM (PD160-152).


MEMBER OF 2. Submit summons and SUMMONS PLEA FORM to commanding officer.
THE SERVICE a. If a summons was issued to an authorized private vehicle also
submit an approved copy of REQUEST TO USE PRIVATE
VEHICLE (PD471-160) (see A.G. 325-14, “Private Vehicles
Authorization and Usage”) to commanding officer.

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209-30 06/25/19 2 of 3

COMMANDING 3. Investigate circumstances to determine eligibility for Valid Verifiable


OFFICER Defense processing.
4. Endorse SUMMONS PLEA FORM by legibly printing name, tax
number, command and signing name, indicating results of investigation
and recommendations.
5. Instruct member to answer summons if conditions of Valid Verifiable
Defense are not confirmed.
6. Forward first two copies of SUMMONS PLEA FORM, summons, and
copy of the approved REQUEST TO USE PRIVATE VEHICLE, if
applicable, through channels, to Chief of Department within thirty days.

ADDITIONAL When a summons is served for a safety violation (subdivisions “a” through “l” listed
DATA under “DEFINITIONS”) on a vehicle used in the performance of URGENT POLICE
ACTION or NECESSARY POLICE ACTION the commanding officer of the concerned
member will investigate the circumstances. If the facts are verified, endorse
SUMMONS PLEA FORM with supportive details and forward, through channels,
within thirty days, recommending the Chief of Department forward the SUMMONS
PLEA FORM to the Parking Violations Bureau for final determination.

If URGENT POLICE ACTION or NECESSARY POLICE ACTION was not involved


when a safety violation occurred, the member’s commanding officer will instruct the
member concerned to obtain final disposition of summons.

In cases where a vehicle was summonsed for a safety violation and URGENT POLICE
ACTION or NECESSARY POLICE ACTION was involved, an assessment may conclude
the violation was egregious and disciplinary action may be taken. In such cases, the
SUMMONS PLEA FORM will be endorsed with a notation indicating the disciplinary
action, and will be forwarded through channels to the Chief of Department, within thirty
days.

Prior to forwarding SUMMONS PLEA FORMS to the Parking Violations Bureau for
final determination, the Commanding Officer, Investigation Review Section, will review
all SUMMONS PLEA FORMS and take disciplinary action, if warranted, or ensure it
has been instituted.

When notified by the Chief of Department that the Parking Violations Bureau has denied
a summons dismissal request for lack of a Valid Verifiable Defense or URGENT
POLICE ACTION or NECESSARY POLICE ACTION cannot be confirmed, the
commanding officer concerned will direct recipient of summons to obtain final
disposition of summons. A copy of such disposition will be forwarded to the Chief of
Department, through channels, within thirty days.

A "Notice of Liability" will be generated by the Department of Finance for violations of


the "Red Light Violations Monitoring Program," where a vehicle used on official
Department business is photographed passing a steady red light signal. The
REDLIGHT VIOLATION PLEA FORM (PD160-154) will be used to request
dismissal consideration through the Parking Violations Bureau. This form will be
forwarded to the command concerned along with the "Notice of Liability" and a letter of
instruction by the Office of the Chief of Department, Investigation Review Section.

NEW  YORK  CITY  POLICE  DEPARTMENT


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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-30 06/25/19 3 of 3

ADDITIONAL Commanding officers will have the form prepared detailing an URGENT POLICE
DATA ACTION defense describing the circumstances surrounding the violations (e.g., an
(continued) active pursuit, response to an emergency or an ongoing surveillance of a moving
subject). Backup documentation will be attached and the operator MUST sign the
"Operator Declaration" present on the form. These forms will be forwarded, through
channels, to the Office of the Chief of Department, Investigation Review Section within
thirty days. Inquiries and requests for additional forms related to red light violations
will be directed to the Office of the Chief of Department, Investigation Review Section.

RELATED Private Vehicles Authorization and Usage (A.G. 325-14)


PROCEDURE

FORMS AND SUMMONS PLEA FORM (PD160-152)


REPORTS REDLIGHT VIOLATION PLEA FORM (PD160-154)
REQUEST TO USE PRIVATE VEHICLE (PD471-160)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-31

STATEMENT OF CORRECTION BY A POLICE OFFICER


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To allow uniformed members of the service to assist motorists, who have been
issued defective equipment violations.

DEFINITION EQUIPMENT VIOLATIONS – For the purpose of this procedure, are defined as
those violations for which a summons may be issued for defective tail, signal,
brake lights, one headlight, damaged lens covers or defective tires, etc. DOES
NOT include defective brakes, two headlights or a loud radio.

PROCEDURE When a motorist, who has been issued a summons for certain equipment violations
(as stated above), presents acceptable proof of repair or correction to a uniformed
member of the service:

NOTE Such repair must have been within one half hour after sunset the following business day,
including Saturday, from the date the summons was issued.

UNIFORMED 1. Prepare STATEMENT OF CORRECTION BY A POLICE OFFICER


MEMBER OF (PD660-120).
THE SERVICE 2. Sign the bottom portion of the STATEMENT.
a. Return the completed STATEMENT to the motorist.

ADDITIONAL Uniformed members of the service will give a STATEMENT OF CORRECTION BY A


DATA POLICE OFFICER to a motorist, who has received a summons for one of these
equipment violations, at the time the summons is issued.

RELATED Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court
PROCEDURE (P.G. 209-09)

FORMS AND STATEMENT OF CORRECTION BY A POLICE OFFICER (PD660-120)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-32

RELEASE OF VEHICLES PRIOR TO TOW


UTILIZING A FIELD RELEASE AGREEMENT (FRA)
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE When a Patrol Services Bureau (P.S.B.) supervisor is requested to respond to a


Field Release Agreement condition.

SCOPE A program entitled “Field Release Agreement” exists within the Traffic
Enforcement District (TED). This program concerns illegally parked vehicles
subject to violation tow. An illegally parked vehicle which is summonsed and
impounded (“hooked up”) to a tow truck on scene, but is not yet removed from
the actual location, may be released pending the completion of an Agreement To
Pay Vehicle Release Fee commonly referred to as a Field Release Agreement
(FRA). The owner/representative of the vehicle has the option of accepting a
FRA. This is an agreement signed by the owner/representative of the impounded
vehicle to pay a one hundred dollar ($100.00) or two hundred dollar ($200.00)
fee (depending on the weight of the vehicle and/or the need for multiple tow
trucks or a single tow truck weighing over eight tons), in addition to the original
summons, in lieu of having the vehicle towed. A PED supervisor is required to
respond to the scene, review and sign the appropriate FRA paperwork, and
authorize the release of the vehicle. To enhance the efficiency and effectiveness
of this program, when a PED supervisor is not available to respond in a timely
manner, a Patrol Services Bureau patrol supervisor will respond and assume the
PED supervisor’s duties.

DEFINITION FIELD RELEASE AGREEMENT - An agreement between the owner/representative of


an illegally parked vehicle (which is subject to violation tow) and the City of New York
when a vehicle has been hooked to a tow truck (in preparation for removal to a pound) and
the owner, or other person lawfully entitled to be in possession of the vehicle, appears and
requests the release of the vehicle (before the tow truck is in motion). The vehicle shall be
unhooked and released, provided that the owner/representative first signs a FRA. By
doing so the owner/representative consents to pay both the vehicle release penalty fee of
$100.00 or $200.00, and the parking violation penalty for which cited. The
owner/representative further agrees to remit such payment to the New York City Parking
Violations Bureau within thirty days from the date the FRA is executed.
PROCEDURE When requested to respond to a Field Release Agreement (FRA) condition:

PATROL 1. Respond to the scene and verify that the vehicle owner/representative has
SUPERVISOR presented to the tow operator both a valid driver’s license and the
vehicle’s keys (ignition and door) AND at least one of the following:
a. Valid registration certificate, OR
b. Valid title certificate, OR
c. Valid insurance card, OR
d. Valid rental agreement (for a rental vehicle), OR
e. Valid company identification (for a commercial vehicle).
2. Ensure that tow operator has conducted a license check of the vehicle
owner/representative.
NEW  YORK  CITY  POLICE  DEPARTMENT
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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-32 08/01/13 2 of 2

NOTE If the license check reveals that the vehicle owner/representative is a scofflaw violator,
then the person is not eligible to participate in the FRA program. In addition, holders of
a foreign driver’s license are also not eligible.

PATROL 3. Direct the tow operator to complete and sign the FRA and present to the
SUPERVISOR motorist to sign.
(continued)

NOTE In the event that the owner/representative reports damage to, or missing property from
the vehicle, the tow operator must supply the owner/representative with the following
forms: Tort Claim and Claim Against The City Of New York Automobile Property
Damage. The tow operator will also make a notation on his/her Field Inspection
Report regarding the owner’s/representative’s claim.

4. Initial notation entered on Field Inspection Report by tow operator whenever


a vehicle owner/representative makes a damage or missing property claim and
verify that they have been issued the appropriate claim forms.

NOTE If owner/representative reports that property is missing from their vehicle, the patrol
supervisor will be guided by the provisions of P.G. 207-21, “Allegations of Corruption
and Other Misconduct Against Members of the Service.”

5. Review the FRA for completeness and accuracy, sign in supervisory


caption, and authorize release of the vehicle.
6. Return FRA copies to tow truck operator and vehicle
owner/representative.
7. Refer vehicle owner/representative to New York City Department of
Transportation, Bureau of Traffic, for any additional information.
8. Make all pertinent entries in ACTIVITY LOG (PD112-145), i.e.,
location of incident, tow operator’s name, vehicle owner’s/
representative’s name, etc.

RELATED Allegations of Corruption and Other Misconduct Against Members of the Service (P.G.
PROCEDURE 207-21)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS Agreement To Pay Vehicle Release Fee (Field Release Agreement)
Claim Against The City Of New York Automobile Property Damage
Field Inspection Report
Tort Claim

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-33

PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONSES


ISSUED TO INDIVIDUALS UNDER EIGHTEEN YEARS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/01/18 10/01/18 1 of 1

PURPOSE To reduce the frequency of youth-related quality-of-life offenses by notifying the


parents or guardians of individuals (ages 16 or 17) who have been issued a
Criminal Court summons for a Penal Law violation.

PROCEDURE When issuing a Criminal Court (C) summons for a Penal Law violation to an
individual (ages 16 or 17), uniformed members of the service will comply with
the following procedure:

UNIFORMED 1. Attempt to notify the parent or guardian.


MEMBER OF
THE SERVICE

NOTE Do not detain the individual solely for the purpose of making this notification.

2. Indicate the name, address and telephone number of the parent or


guardian on a photocopy of the summons and indicate if notification was
made. Do not write on the actual summons.
3. Deliver the photocopy of the summons to the command youth officer and
process the original in the usual manner.

YOUTH 4. Attempt to notify the parent or guardian by telephone if they were not
OFFICER already notified by the summonsing officer.
5. Prepare PARENTAL NOTIFICATION FOR CRIMINAL COURT
SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS
(PD660-121) and submit to commanding officer for review and signature.
6. Maintain a secure file containing the photocopy of the summons, a photocopy of
PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS
ISSUED TO INDIVIDUALS UNDER 18 and any other related information.

SPECIAL 7. Ensure that attempts are made to make notifications and are recorded as
OPERATIONS appropriate.
LIEUTENANT

COMMANDING 8. Review and sign PARENTAL NOTIFICATION FOR CRIMINAL


OFFICER COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18
YEARS and return to youth officer.

YOUTH 9. Forward PARENTAL NOTIFICATION FOR CRIMINAL COURT


OFFICER SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS to the
parent or guardian via U.S. Mail or personal visit.

FORMS AND PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO


REPORTS INDIVIDUALS UNDER 18 YEARS (PD660-121)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-34

TOW TRUCK ENFORCEMENT/COMMON SUMMONSABLE OFFENSES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 5

PURPOSE To provide members of the service with guidelines establishing the


indicators that justify the stopping of a tow truck based on reasonable
suspicion.

DEFINITIONS CONSENSUAL TOW – A tow driver does not have to provide any
authorization for a consensual tow. The tow operator is required to have
written authorization for all non-consensual tows. Authorization must be a
signed document listing the make, model, and VIN of vehicle towed.

NON-CONSENSUAL TOW – The vehicle is towed without the owner/operator’s


permission.

REQUIREMENTS THAT APPLY TO ALL TOW TRUCKS


a. Tow trucks are commercial vehicles and are required to comply with
commercial vehicle regulations. The Department of Motor Vehicles
requires the company name and address to be permanently affixed
on both sides in lettering at least three inches high in contrasting
colors to the color of all commercial vehicles.
b. Tow trucks must meet the New York State Department of Motor
Vehicles requirement of a Gross Vehicle Weight Rating of 8600
pounds. This is not a requirement for tow trucks registered outside
of New York State.

DEPARTMENT OF CONSUMER AFFAIRS (DCA) REQUIREMENTS


FOR TOW TRUCKS BASED IN THE CITY OF NEW YORK
a. Tow truck must have the 311 number displayed for consumer
complaints.
b. The tow truck identification card must be carried at all times in the
vehicle.
c. New York City based trucks must display either a DCA medallion or
an exemption sticker as outlined in P.G. 209-29, “Seizure of
Unlicensed Tow Truck.”
d. The DCA medallion must be permanently affixed to the side of the
truck as outlined in P.G. 209-29, “Seizure of Unlicensed Tow
Truck.”

NOTE The following tow trucks are exempt from the DCA licensing requirements but must
display a DCA exemption sticker. (No exemption sticker is required for tow trucks
registered out of the city that are only picking up or dropping off in the city):
• Government Agency
• Vehicle Dismantler/Itinerant Vehicle Collector
• Bus Company
• Utility Company

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-34 10/10/08 08-03 2 of 5

NOTE • Tow truck owner of a Taxi or Livery Vehicle licensed to operate by the Taxi
(continued) and Limousine Commission
• School Bus Company
• Vehicle Rental Agency.

DEFINITIONS REQUIREMENTS FOR TOW OPERATORS IN NEW YORK CITY


(continued) a. Tow truck driver must have the following available while driving a
tow truck:
(1) Driver’s license
• New York State Department of Motor Vehicles license
with an “S” or “W” endorsement or
• Equivalent license from other jurisdictions
(2) New York City Department of Consumer Affairs license
(3) NYS DMV Vehicle registration
(4) Insurance card
(5) Tow truck identification card issued by DCA.

NOTE Tow operators from outside of New York City are only required to have a driver’s
license, vehicle registration and insurance card.

OBSERVATION OF THE FOLLOWING INFRACTIONS


AUTOMATICALLY JUSTIFY A VEHICLE STOP
a. The medallion is not securely affixed to tow truck [Rules 2-362(n)]
b. The word “police” or letters “PD” is displayed on tow truck [VTL 396(2)]
c. Medallion numbers not painted on or displayed [Rules 2-362(n) (2)]
d. Company name/address missing or improper commercial lettering
[AC 20-507b]
e. Soliciting for a tow at an accident scene (AC 20-515b).
Additionally, AC 20-515(d) prohibits making an estimate of cost of
repairs or offering to make an estimate, offering to make repairs, or
providing any inducement, discount, reward or other thing of value
to encourage, urge or steer any person to have such accident vehicle
towed to a repair facility or to have such accident vehicle repaired at
a particular repair facility. Offering to waive the deductible or the
towing fee is prohibited. If soliciting is observed the REPORT OF
VIOLATION (PD672-151) should contain a full account of the
conversation heard - name, address and phone # of motorist, name
and address of any witness, etc. A Criminal Court summons should
also be issued. The person does not have to be in a tow truck or
work for a tow company or repair shop.
f. Tow truck’s Gross Vehicle Weight Rating (GVWR) less than 8600
pounds [VTL 401(b)]
g. Tow truck traveled to accident scene without request [AC 20-518(b) (2)]
h. Any violation of the New York State Vehicle and Traffic Laws
i. Tow truck towing a vehicle from a parking lot of a closed facility or
mall.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-34 10/10/08 08-03 3 of 5

NOTE Members of the service are allowed to conduct a license plate check of a vehicle
being towed as long as the plate is in plain view. Members of the service are not
allowed to climb on the bed of a tow truck to get a vehicle identification number
unless there is probable cause that a crime has been committed or the tow is
unauthorized (unlicensed tower, authorized tow).

If a vehicle is in tow, a proper investigation should be conducted prior to allowing


the tow operator to leave. At all tow truck stops where members of the service
conduct an investigation regarding illegal tows a TOW TRUCK VIOLATION
REPORT (PD666-151) will be prepared.

PROCEDURE Upon observing tow truck committing an infraction:


MEMBER OF 1. Stop tow truck and conduct a thorough investigation to determine if
THE SERVICE the tow truck and/or operator are in compliance with DCA
regulations or are exempt.
2. Prepare a TOW TRUCK VIOLATION REPORT for each tow
truck stopped and list plate number for any vehicle towed.
3. Fax completed TOW TRUCK VIOLATION REPORT to Borough
Auto Larceny Unit for information purposes. (MOS will confirm receipt
of fax by phoning appropriate Borough Auto Larceny Unit. Name of Auto
Larceny Unit member receiving REPORT will be entered on precinct
hard copy).
4. Fax completed TOW TRUCK VIOLATION REPORT to Auto
Crime Division for information purposes. (MOS will confirm
receipt of fax by phoning Auto Crime Division. Name of Auto
Crime member receiving REPORT will be entered on precinct hard
copy).
PCT. CRIME 5. Conduct a license plate check on the 7th, 15th and 30th day after stop
ANALYSIS/ to determine if vehicle being towed was reported stolen.
COUNTERPART 6. Notify the Auto Crime Division if towed vehicle has been reported
stolen.
7. Notify the Borough Auto Larceny Unit concerned if tow vehicle has
been reported stolen (see “NOTE” under “Borough Auto Larceny
Unit/Counterpart”).
8. Forward hard copy to the Borough Auto Larceny Unit.
9. Maintain copy of completed TOW TRUCK VIOLATION
REPORT.
BOROUGH 10. Maintain chronological log of all TOW TRUCK VIOLATION
AUTO REPORTS within the borough.
LARCENY 11. File hard copy of REPORT and maintain data for statistical
UNIT/ purposes.
COUNTERPART

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-34 10/10/08 08-03 4 of 5

NOTE Prior to taking enforcement action as a result of a follow up investigation stemming


from a license check, the Borough Auto Larceny Unit will consult with the Auto
Crime Division.

MOS ASSIGNED 12. Determine if information provided by precinct/command personnel


TO AUTO requires further investigation.
CRIME
DIVISION

ADDITIONAL THE FOLLOWING ARE ADDITIONAL VIOLATIONS THAT MAY BE


DATA OBSERVED:
a. Tow operator may not possess a police radio/scanner in tow truck or on
his/her person (AC 20-515a). MOS should note the transmissions that are
audible over the receiver in the ACTIVITY LOG (PD112-145) and on the
REPORT OF VIOLATION. The scanner should then be vouchered and
brought to the DCA hearing.
b. Tow operator refuses an obligated tow (DARP, ROTOW, etc.) (AC 20-512)
c. Tow operator refuses Police order to tow vehicle obstructing traffic (AC 20-511)
d. Unauthorized removal/towing of vehicle (AC 20-510)
e. Towing a vehicle without proper signed authorization (AC 20-510) (non
consensual tows only)
f. Unlicensed tow truck (AC 20-496a)
g. Unlicensed tow truck operator/assistant (AC 20-496b)
h. Acceptance of major credit cards as a prerequisite to participate in city
towing programs (AC 20-520.1) (Tow truck companies in city programs
MUST accept two major credit cards and display the decals of these major
credit card companies on their trucks. Refusal to accept payment by a credit
card indicated on the truck is a violation.)
i. Soliciting for towing at an accident scene (AC 20-515). (Same person at
different accident scenes or person distributing business cards at accident
scenes.)
MEMBERS OF THE SERVICE SHOULD BE AWARE OF THE BELOW LISTED
INDICATORS OF POSSIBLE VIOLATIONS:
a. Tow trucks parked on residential streets at night
b. Tow trucks with no visible tow bars or winches
c. Tow truck remaining in a parking lot repeatedly but no contract exists with
the facility
d. Tow truck towing from parking lot of a closed store or mall.
Members of the service are required to prepare a REPORT OF VIOLATION
(PD672-151) for any consumer complaint regarding towing. In addition, the
consumer should be instructed to contact 311 or referred to the Department of
Consumer Affairs (DCA) website at WWW.NYC.GOV. A criminal court summons
returnable to New York City Criminal Court should be issued if appropriate.
Members of the service are reminded that preparation of a REPORT OF
VIOLATION does not relieve them of their responsibility for making appropriate
ACTIVITY LOG (PD112-145) entries. All relevant information must be included
in the entry.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-34 10/10/08 08-03 5 of 5

ADDITIONAL The Chief of Patrol Resource Management Section is the Department’s liaison with
DATA the Department of Consumer Affairs (DCA). Members of the service may contact
(continued) Chief of Patrol Resource Management Section, during business hours, with any
inquires or questions that cannot be resolved at the command level.

RELATED Conditions of Service (P.G. 209-01)


PROCEDURES Personal Service of Summonses Returnable to Traffic Violations Bureau or
Criminal Court (P.G. 209-09)
Unlicensed Tow Truck Operators (P.G. 209-28)
Seizure of Unlicensed Tow Trucks (P.G. 209-29)
Taxicab or Towing Truck Owners/Operators (P.G. 208-58)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS REPORT OF VIOLATION (PD672-151)
TOW TRUCK VIOLATION REPORT (PD666-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-35

PLEADING GUILTY BY MAIL FOR CRIMINAL COURT SUMMONS


ISSUED FOR CONSUMPTION OF ALCOHOL IN PUBLIC
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To facilitate adjudication of summonses issued throughout New York City for
Consumption of Alcohol in Public, Administrative Code Violation 10-125(b), to
respondents who wish to plead guilty without making a personal appearance.

PROCEDURE When issuing a summons for Consumption of Alcohol in Public, Administrative


Code Violation 10-125(b) ONLY and there are NO OTHER CHARGES, in
addition to normal procedures:

UMOS ISSUING 1. Issue separate handout entitled; “INSTRUCTIONS FOR PLEADING


SUMMONS GUILTY TO SUMMONS BY MAIL (PD260-111).”
2. Inform respondent that in order to exercise their option to adjudicate the
summons by pleading guilty by mail, they must include their copy of the
SUMMONS along with the form; “INSTRUCTIONS FOR PLEADING
GUILTY TO SUMMONS BY MAIL” when mailing in their remittance.

NOTE All other pertinent details such as the amount of the fine (fixed at $25.) and the mailing
address are listed on the form.

ISSUING MEMBER MUST STILL INCLUDE THE PROPER RETURN DATE AND
ADDRESS OF THE PROPER COURT ACCORDING TO THE BOROUGH/PRECINCT
OF ISSUANCE IN CASE THE RESPONDENT WISHES TO PLEAD NOT GUILTY OR
OTHERWISE MAKE A PERSONAL APPEARANCE.

RELATED Conditions of Service (P.G. 209-01)


PROCEDURES Summonses and Notices of Violation Returnable Agencies (P.G. 209-02)
Summons Return Date and Time (P.G. 209-04)
Quality Control Procedures for the Processing of Summonses Returnable to Criminal
Court (P.G. 209-06)
Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Criminal Court Summons – Graphic (P.G. 209-11)
Summons Served or Prepared in Error (P.G. 209-18)

FORMS AND INSTRUCTIONS FOR PLEADING GUILTY TO SUMMONS BY MAIL (PD260-111)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-36

ELECTRONIC SUMMONS TRACKING SYSTEM (ESTS)


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/24/18 07/24/18 1 of 10

PURPOSE To maintain a record of Parking, Civil Summons Returnable to the Office of


Administrative Trials and Hearings (OATH), Moving, Criminal Court and
Transit Adjudication Bureau Notice of Violation (TAB/NOV) summonses
requisitioned, distributed, served and/or processed by the Department.

PROCEDURE When requisitioning, distributing, serving and/or processing Parking, Civil


Summons Returnable to OATH, Moving, Criminal Court or TAB/NOV
summonses:

COMMANDING 1. Requisition summonses from issuing agency.


OFFICER/
DESIGNEE

NOTE To requisition summonses, the following agencies will be contacted:

Parking Summonses (A): Department of Finance


Moving Summonses (B): Bush Terminal
Criminal Court Summonses (C): 167 41st Street, Brooklyn

Transit Adjudication Bureau Transit Bureau Headquarters


Notices of Violation (TAB/NOV): 130 Livingston Street, 3rd Floor, Brooklyn

Civil Summons Office of Administrative Trials


Returnable to OATH: and Hearings (OATH)
66 John Street, 10th Floor, NY, NY.

2. Safeguard summonses.
3. Inspect summonses to ensure:
a. Quantity is correct
b. Summonses are intact and in numerical order.
4. Return summons packets with irregularities to issuing agency with report
on OFFICIAL LETTERHEAD (PD158-151).
5. Ensure packets of summonses are recorded on SUMMONS
DISTRIBUTION CARD (PD160-143) and/or TAB/NOV on
TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148).
a. Ensure first and last number of each packet is entered in first column.
6. Designate appropriate receptacle within secure location and under direct
control of the desk officer (e.g., property room, etc.) for storage of served
summonses.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 2 of 10

WHEN A UNIFORMED MEMBER OF THE SERVICE REQUIRES ADDITIONAL


SUMMONSES:

UNIFORMED 7. Request summonses from desk officer/distributing supervisor as follows:


MEMBER OF a. Parking summonses and CERTIFICATION OF PARKING
THE SERVICE SUMMONSES SERVED (PD160-146).
b. Civil Summons Returnable to OATH, Moving, Criminal Court
summonses and CERTIFICATION OF MOVING/CRIMINAL
COURT SUMMONSES SERVED (PD160-145).
c. TAB/NOV and CERTIFICATION OF TAB/NOTICE OF
VIOLATION SERVED (PD160-147).

DESK 8. Use Electronic Summons Tracking System (ESTS) to determine if


OFFICER/ uniformed member of the service has any previously distributed unused
DISTRIBUTING summonses.
SUPERVISOR a. Scan any previously distributed unused summonses that are in
control of the uniformed member of the service back into the
ESTS.
b. Notify Internal Affairs Bureau and obtain Log Number, if uniformed
member concerned cannot produce listed summonses.
c. Determine necessity of distributing additional summonses to
uniformed member.
9. Utilize bar code reader to scan each summons being distributed to uniformed
member of the service into ESTS.
a. If bar code reader is inoperable, entries will be made into ESTS manually.
b. Notify patrol borough or transit borough of defective/inoperable
bar code reader and obtain replacement.
c. Enter notification in Telephone Record.
10. Distribute summons packets in numerical order.
a. Ensure Department sticker WARNING! ENFORCEMENT OF
PENAL LAW SECTION 240.35 “LOITERING”
SUBSECTIONS (1), (3), AND (7) IS STRICTLY PROHIBITED
(PD160-130) is placed on the front of each Criminal Court summons
packet prior to distribution.
11. Have member receiving packet acknowledge receipt on SUMMONS
DISTRIBUTION CARD and/or TAB/NOTICE OF VIOLATION
DISTRIBUTION CARD.

UNIFORMED 12. Examine summonses to ensure that packet contains 20 summonses and/or
MEMBER OF the TAB/NOV and Civil Summons Returnable to OATH packets contain
THE SERVICE 25 summonses, which are consecutively numbered.
13. Sign for summonses on SUMMONS BOOK DISTRIBUTION CARD
and/or TAB/NOTICE OF VIOLATION DISTRIBUTION CARD.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 3 of 10

NOTE Separate SUMMONS BOOK DISTRIBUTION CARDS will be maintained for Parking,
Civil Summons Returnable to OATH, Moving or Criminal Court summonses.
CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED CARDS will be
maintained for TAB/NOV.

UNIFORMED 14. Sign and deliver completed CERTIFICATION OF PARKING


MEMBER OF SUMMONSES SERVED, CERTIFICATION OF MOVING/
THE SERVICE CRIMINAL COURT SUMMONSES SERVED and CERTIFICATION
(continued) OF TAB/NOTICE OF VIOLATION SERVED with appropriate copies
of each summons served to clerical staff, after all summonses in packet
have been served.
15. Deliver unused summonses and CERTIFICATION, with appropriate
copies of each summons served, to desk officer/distributing supervisor of
command where summons packet(s) were issued, when transferred or
separated from the Department.

DESK 16. Utilize bar code reader to scan unused summonses returned by uniformed
OFFICER/ member of the service into ESTS.
DISTRIBUTING a. If bar code reader is inoperable, entries will be made into ESTS manually.
SUPERVISOR b. Notify patrol borough or transit borough of defective/inoperable
bar code reader and obtain replacement.
c. Enter notification in Telephone Record.
d. Notify Internal Affairs Bureau and obtain Log Number, if a
summons is missing.
(1) Notify integrity control officer (ICO) immediately, when a
summons is missing.
(2) If ICO is not available, notify commanding/executive officer.
17. Forward unused summonses and CERTIFICATION, with appropriate
copies of each summons served, to commanding officer/designee, as per
A.G. 309-02, “Return of Summons Packet.”

UNIFORMED 18. Notify commanding officer without delay, when a summons is damaged.
MEMBER OF
THE SERVICE

NOTE Uniformed members not ordinarily required to carry summonses, or temporarily


assigned to enforcement duty which may require serving a summons, will obtain a
sufficient number of summonses from the command where temporarily assigned. Unused
summonses will be returned at end of assignment.

WHEN A UNIFORMED MEMBER OF THE SERVICE ISSUES A SUMMONS


AND DELIVERS REMAINING COPIES TO COMMAND FOR RECORDING:

UNIFORMED 19. Deliver remaining copies of summons(es), intact, direct to desk officer at
MEMBER OF end of tour on date of issuance.
THE SERVICE a. Do not deposit summons(es) directly into receptacle designated
for storage of served summonses.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 4 of 10

DESK OFFICER 20. Examine entries on summonses for accuracy, completeness and legibility.
21. Utilize bar code reader to scan all summonses served into ESTS.
a. If bar code reader is inoperable, entries will be made into ESTS manually.
b. Notify patrol borough or transit borough of defective/inoperable
bar code reader and obtain replacement.
c. Enter notification in Telephone Record.
22. Scan all summonses received during tour, prior to completion of tour.
23. Detach court copy of summons(es) and place the remaining copies of the
summons(es) in the summons receptacle designated by the commanding
officer.
24. Scan precinct cover sheet, printed from Summons Menu in OMNIFORM
System, utilizing the network scanner located at the desk.
25. Place the court copy of summons(es) into the network scanner and scan copy.
a. Scan no more than 50 summonses simultaneously.
26. Place the court copy of summons into the summons receptacle upon
completion of the scan.
27. Do NOT forward any summons returnable to Criminal Court if
improperly prepared.
28. Process improperly prepared summonses as follows:
a. Invalid return date listed – void summons in accordance with P.G.
209-18, “Summons Served or Prepared in Error”
b. Criminal Court “Information” section left blank or unsigned, or summons
written for marijuana offense is not accompanied by MARIJUANA
SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-
145) - place in a separate envelope marked “Training Sergeant” and
forward direct to the command’s training sergeant.

NOTE MEMBERS WILL NOT MAKE ANY MODIFICATIONS TO SUMMONSES OTHER


THAN CORRECTING THE ERRORS LISTED ABOVE. Under no circumstances will a
modification be made to a summons that will result in the court or agency copies having
different information than the defendant’s copy. ALL SUMMONSES MUST BE
CORRECTED AND RETURNED BY THE FOLLOWING BUSINESS DAY.

TRAINING 29. Re-train issuing member of the service in proper preparation of summons
SERGEANT returnable to the Criminal Court in accordance with pertinent command
level materials and instruct issuing member to:
a. Properly prepare and sign “Information” section on rear of
summons and re-submit for processing
b. Complete the MARIJUANA SUPPORTING DEPOSITION/
FIELD TEST REPORT if a marijuana offense is involved
c. Immediately re-submit summons with MARIJUANA
SUPPORTING DEPOSITION/FIELD TEST REPORT (if
required).

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 5 of 10

DESK OFFICER 30. Utilize bar code reader to scan re-submitted summonses into ESTS.
a. If bar code reader is inoperable, entries will be made into ESTS
manually.
b. Notify patrol borough or transit borough of defective/inoperable
bar code reader and obtain replacement.
c. Enter notification in Telephone Record.

INTEGRITY 31. Ensure that warrant checks were conducted.


CONTROL 32. Monitor “ICO Ageing Report,” via ESTS, monthly.
OFFICER a. Conduct immediate investigation if any uniformed member is
listed on report.

NOTE The ICO Ageing Report displays all summonses distributed to members of the service
and not served for 90 days or more.

33. Perform monthly self-inspection of ESTS to ensure all summonses are


accounted for.
34. Perform monthly self-inspection of “B Summons” application in the
Finest Online Records Management System (FORMS) to ensure all
Moving summonses are properly entered into system.
35. Generate and review exception report via ESTS, weekly.
a. Notify Internal Affairs Bureau and obtain Log Number, if
discrepancy is found.
36. Monitor on a weekly basis the “Scanned Summons Analysis” report by
utilizing the Omniform System, under the “Supervisor” function of the
Summons Menu.
a. Ensure all summonses are being scanned into the network
scanner, including the cover sheet.

OPERATIONS 37. Supervise the overall maintenance of Moving summonses entered into the
COORDINATOR “B Summons” application in FORMS and all copies of Moving
summonses maintained at the command.

DURING FIRST PLATOON:

DESK 38. Separate summonses by date of service for each adjudicating agency.
OFFICER/ 39. Count number of summonses returnable to each agency.
SUPERVISOR, 40. Place Complaint/Information copy of Moving summonses served in pre-
FIRST printed envelope and forward to traffic safety officer for entry into the “B
PLATOON Summons” application in FORMS.
41. Separate Complaint/Information (Part 1) from remainder of summons.
a. Photocopy MARIJUANA SUPPORTING DEPOSITION/
FIELD TEST REPORT and file at command.
b. Ensure that any summons prepared for a marijuana offense has a
MARIJUANA SUPPORTING DEPOSITION/FIELD TEST
REPORT attached to it with a paper clip.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 6 of 10

DESK 42. Utilize bar code reader to scan summonses served into ESTS and package
OFFICER/ in lots of 100 or less.
SUPERVISOR, a. If bar code reader is inoperable, entries will be made into ESTS
FIRST manually.
PLATOON b. Notify patrol borough or transit borough of defective/inoperable
(continued) bar code reader and obtain replacement.
c. Enter notification in Telephone Record.
43. Query ESTS by utilizing “Exception Report (Served but Not Batched)”
function, after all summonses have been scanned, batched and processed,
and confirm that all summonses have been processed as required.

NOTE If a summons remains on the Exception Report (Served but Not Batched), it shall be
deemed missing.

a. Notify Internal Affairs Bureau and obtain Log Number, if


summons is missing.
b. Notify ICO immediately, regarding missing summons.
(1) If ICO is not available, notify commanding/executive officer.
c. Account for missing summons within ESTS by utilizing
“Terminate/Void Summons” function and enter Internal Affairs
Bureau Log Number into “Notes” field as a reference.
(1) Comply with P.G. 209-18, “Summons Served or Prepared
in Error.”

NOTE This process will purge the missing summons from the Exception Report (Served but Not
Batched) only. The summons number and history will remain in ESTS.

44. Place Complaint/Information copies of summonses in pre-printed envelopes.


45. Print transmittal report via ESTS and attach to pre-printed envelopes
containing Complaint/Information copies of summonses served.
46. Seal envelopes, make required entries as per captions, and sign in
appropriate space on flap of each envelope.
a. Enter ESTS generated tracking number below flap on envelope.
47. Place remaining parts of summonses served in a separate Department
envelope and mark “File.”
a. Envelope will not be sealed.
48. Forward sealed envelopes containing Complaint/Information copies of
summonses served with attached transmittal report to borough
office/designated command with morning mail.

COMMAND 49. Confirm notification was made to Internal Affairs Bureau and a Log
INTEGRITY Number was obtained for missing summons.
CONTROL 50. Ensure first platoon desk officer/supervisor has made proper entries into
OFFICER ESTS for missing summons, including Internal Affairs Bureau Log
Number.
51. Notify commanding/executive officer of missing summons.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 7 of 10

COMMANDING 52. Confirm notification was made to Internal Affairs Bureau and a Log
OFFICER/ Number was obtained for missing summons.
EXECUTIVE 53. Ensure missing summons was terminated/voided in ESTS and the System
OFFICER has been updated to reflect Internal Affairs Bureau Log Number.
54. Ensure P.G. 209-18, “Summons Served or Prepared in Error” is
complied with.

TRAFFIC 55. Enter the information of each Moving summons served into the “B
SAFETY Summons” application in FORMS using the “Paper” option on a daily
OFFICER basis.
a. Enter the serial number from the top left of the Moving summons
and complete all appropriate captions in FORMS.
b. Store Complaint/Information copies of Moving summonses in a
secure location at command.

CLERICAL 56. File envelope with command file copies of summonses served in
MEMBER command by date of service in command record room.
57. Maintain file copies of summonses served for six months.
58. Remove file copies after six months and retain in storage cartons in
command record room.

NOTE Summonses served by outside agencies will continue to be processed by the Department.
However, such summonses will not be scanned/entered into ESTS or entered into the “B
Summons” application in FORMS. Summonses served by outside agencies will be
placed in a separate envelope marked “Outside Agency” and forwarded as delineated
above.

WHEN SUMMONSES ARE RECEIVED AT PATROL BOROUGH OR


TRANSIT BOROUGH FROM COMMANDS:

MEMBER OF 59. Open envelopes and utilize bar code reader to scan each summons
THE SERVICE contained therein into ESTS.
ASSIGNED a. If bar code reader is inoperable, entries will be made into ESTS
manually.
b. Notify Information Technology Bureau (ITB) Service Desk of
defective/inoperable bar code reader and obtain replacement.
c. Enter notification in Telephone Record.
60. Notify Internal Affairs Bureau and obtain Log Number, if a summons is
missing.
a. Account for missing summons within ESTS by utilizing
“Terminate/Void Summons” function in and enter Internal Affairs
Bureau Log Number into “Notes” field as reference.
(1) Comply with P.G. 209-18, “Summons Served or Prepared
in Error.”
61. Query ESTS utilizing “Batch Exception Report” to confirm all batch
transmittals have been received.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 8 of 10

MEMBER OF a. Notify Internal Affairs Bureau and obtain Log Number, if a batch
THE SERVICE transmittal is missing.
ASSIGNED b. Account for each summons contained within the missing batch
(continued) transmittal by utilizing “Terminate/Void Summons” function and
enter Internal Affairs Bureau Log Number into “Notes” field as
reference.
(1) Comply with P.G. 209-18, “Summons Served or Prepared
in Error.”
62. Place scanned summonses and opened envelopes into new pre-printed
envelopes.
63. Print transmittal report via ESTS and attach to pre-printed envelopes.
64. Seal envelopes, make required entries as per captions and sign in
appropriate space on flap of each envelope.
a. Enter ESTS generated tracking number below flap on envelope.
65. Prepare three copies of SUMMONS ENVELOPE RECEIPT (PD160-
011) for each adjudicating agency and sign in space captioned “Signature
of Police Department Officer Forwarding Envelopes.”
66. Enclose originals and first copies of SUMMONS ENVELOPE
RECEIPT with corresponding adjudicating agency envelopes in borough
transfer bag.
67. Lock transfer bag and retain key in borough office.
68. Have morning messenger sign last copy of SUMMONS ENVELOPE
RECEIPT and retain in borough office.
69. Direct messenger to deliver transfer bag to:
a. New York City Transportation Administration, Parking Violations
Bureau, Summons Receiving Unit, 210 Joralemon Street, 2nd
Floor, Brooklyn, NY 11201 - (Yellow Envelope)
b. Mail and Distribution Unit, 1 Police Plaza, Room S-74, New
York, NY - (Blue Envelope), if applicable
c. New York City Criminal Court, Summons Intake Unit, 1 Centre
St., 16th Floor, New York, NY 10013 - (White Envelope)
d. Office of Administrative Trials and Hearings (OATH), Civil
Summons Returnable to OATH, 66 John Street, 10th Floor, New
York, NY 10038
e. Transit Bureau Headquarters, Crime Analysis Section, 130
Livingston Street, 3rd Floor, Brooklyn NY 11201.
70. Instruct messenger to obtain receipt on first copy of SUMMONS
ENVELOPE RECEIPT and return to borough office.
71. File receipt and destroy copy retained at borough office.

ADDITIONAL Under no circumstances will the scanning of summonses be performed by anyone other
DATA than the desk officer/distributing supervisor.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 9 of 10

ADDITIONAL If a missing summons is found after notification to the Internal Affairs Bureau and after
DATA summons was purged from the Exception Report, the desk officer shall notify Internal
(continued) Affairs Bureau, Command Center immediately and determine if voided summons can be
reentered into ESTS. The name of Internal Affairs Bureau member notified will be
entered in the “Add Summons Follow-Up Note” field of ESTS.

Processed summons envelopes are not forwarded to Housing Bureau offices for delivery.
The designated messenger picks up the summonses “A,” “B,” “C,” and “Civil
Summons Returnable to OATH” directly from each police service area (PSA) and
delivers them directly to the appropriate agency.

When an adjudicating agency returns a summons because a discrepancy was not


resolved, the Investigation Review Section of the Chief of Department’s Office will take
corrective action and promptly return summons to the agency concerned.

The Quality Assurance Division will monitor and evaluate compliance with this Order by
incorporating the listed procedural changes into its current command evaluation process
of summons integrity and control procedures as listed on Self-Inspection Worksheet
#826. That Worksheet will be updated to reflect the addition of the ESTS program. During
its annual command evaluation process the Quality Assurance Division will access the
ESTS program for each command. Information will be obtained from the program to
determine the command’s compliance with procedures involving the distribution,
collection and forwarding of summonses. The evaluation will also include the command’s
compliance with procedures involving any missing summonses during this process.

The updated Self-Inspection Worksheet #826 will be available to all commands via the
Department Intranet and be mandated to be completed by each command on a monthly
basis. The respective Borough Investigation Units will review the command’s completed
Worksheets for compliance and accuracy. Additionally, the updated Self-Inspection
Worksheet #826 will be added to the list of mandated self-inspections listed on Self-
Inspection Worksheet #800, Maintenance of Department Records.

Patrol borough and transit borough commands will maintain a sufficient supply of
replacement bar code readers for use by subordinate commands. Additional replacement bar
code readers may be requested through the Deputy Commissioner, Information Technology.

In those commands with satellite locations, respective commanding officers will


designate a supervisor to assume the duties of the desk officer as they relate to the
forwarding of summonses for processing, as approved by their borough commander.

RELATED Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21)
PROCEDURES Conditions of Service (P.G. 209-01)
Quality Control Procedures for the Processing of Summonses Returnable to Criminal
Court (P.G. 209-06)
Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Personal Service of Civil Summons Returnable to the Office of Administrative Trials and
Hearings (OATH) - General Procedure - Non-CJRA Offenses (P.G. 209-12)
Summons Served or Prepared in Error (P.G. 209-18)
Return of Summons Packet (A.G. 309-02)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-36 07/24/18 10 of 10

FORMS AND OFFICIAL LETTERHEAD (PD158-151)


REPORTS SUMMONS DISTRIBUTION CARD (PD160-143)
CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED
(PD160-145)
CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146)
CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED (PD160-147)
TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148)
SUMMONS VOIDANCE FORM (PD160-153)
MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145)
SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD260-211)
SUMMONS ENVELOPE RECEIPT (PD160-011)
WARNING! ENFORCEMENT OF PENAL LAW SECTION 240.35 “LOITERING”
SUBSECTIONS (1), (3), AND (7) IS STRICTLY PROHIBITED (PD160-130)
Self- Inspection Worksheet #800
Self-Inspection Worksheet #826

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-37

ENFORCEMENT AND/OR INVOICING OF MOTORIZED


SCOOTERS/ELECTRIC BICYCLES BEING OPERATED
UNLAWFULLY ON NEW YORK CITY SIDEWALKS AND STREETS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
11/20/18 11/20/18 1 of 4
PURPOSE To provide guidance to members of the service who take enforcement action
regarding motorized scooters/electric bicycles pursuant to New York City
Administrative Code Section 19-176.2(b) or 10-157(k).

DEFINITIONS MOTORIZED SCOOTER – For the purpose of this procedure, is any wheeled
device that has handlebars and is designed to be stood or sat upon by the
operator, is powered by an electric motor or gasoline motor and is capable of
propelling the device without human power (i.e., it has a throttle), and cannot be
registered with the New York State Department of Motor Vehicles (DMV). The
term does not include scooters that can be registered by the DMV, wheelchairs,
or other mobility aids designed for use by disabled persons.

ELECTRIC BICYCLE – Sometimes referred to as an “e-bike.” For the purpose


of this procedure, is a bicycle that has an electric motor. Most importantly, it has
a throttle that controls the speed at which the device travels without the need for
the operator to pedal. This bicycle can be operated three ways: (1) electric motor
only; (2) human power only; (3) a combination of human power and electric
motor. Electric bicycles are categorized as motorized scooters and are therefore
subject to the enforcement guidelines outlined in this procedure.

PEDAL-ASSIST BICYCLE – For the purpose of this procedure, is a bicycle that has
fully operable pedals and a motor that engages only when the operator is pedaling. The
electric motor must have less than 750 watts and must disengage when the operator
applies the brakes, the operator stops pedaling, or the bicycle reaches a speed of 20
miles per hour (mph). Pedal-assist bicycles are required to have a permanently affixed
label displaying the maximum motor-assisted speed and motor wattage.

PROCEDURE When a member of the service takes enforcement action and/or invoices a
motorized scooter/electric bicycle pursuant to being operated unlawfully on a
New York City sidewalk and street:

UNIFORMED 1. Interview operator of the motorized scooter/electric bicycle.


MEMBER OF 2. Determine if motorized scooter/electric bicycle is used for business or
THE SERVICE personal purposes.

IF MOTORIZED SCOOTER/ELECTRIC BICYCLE IS USED FOR BUSINESS


PURPOSES

UNIFORMED 3. Determine the location, address, and name of the business.


MEMBER OF a. Respond to business location if within a reasonable distance.
THE SERVICE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-37 11/20/18 2 of 4

UNIFORMED 4. Issue Civil Summons Returnable to the Office of Administrative Trials


MEMBER OF and Hearings (OATH) to the business for violating New York City
THE SERVICE Administrative Code Section 10-157(k), “Bicycles Used for Commercial
(continued) Purposes,” which prohibits any business from possessing any motorized
scooter or permitting any person to operate a motorized scooter on the
business’s behalf.
a. Serve the Civil Summons Returnable to OATH to the
owner/manager of the business, or other person of suitable age
and discretion at the respondent’s place of business.
b. If business is not within a reasonable distance or personal service
at the business is impractical for any reason, the business will be
the respondent on the Civil Summons Returnable to OATH.
(1) Place the completed “Respondent Copy” in a white mailing
envelope.
(2) Write the respondent’s address and place a postage stamp
obtained from desk officer on envelope.
(3) Place the sealed, stamped envelope directly into a U.S.
Postal Service mailbox, or personally take it to a U.S.
Postal Service facility. Do not use Department mail or the
Mail and Distribution Unit.

NOTE Any method of delivery other than U.S. Postal Service will not be considered “good
service” and the summons will be dismissed by OATH.

When warranted, a Civil Summons Returnable to OATH may be issued to the operator
of a motorized scooter/electric bicycle used on behalf of a business for violating section
19-176.2(b) of the Administrative Code.

IF MOTORIZED SCOOTER/ELECTRIC BICYCLE IS USED FOR


PERSONAL PURPOSES

UNIFORMED 5. Issue Civil Summons Returnable to OATH to the operator of motorized


MEMBER OF scooter/electric bicycle for violating section 19-176.2(b) of the New York
THE SERVICE City Administrative Code, which prohibits riding a motorized scooter
within New York City.

IN ALL CASES

UNIFORMED 6. Make the summons returnable on the date provided at roll call.
MEMBER OF 7. Complete the “Affidavit (Certificate) of Service” located on the reverse
THE SERVICE side of the Civil Summons Returnable to OATH (White [OATH] copy).
8. Deliver the remaining copies of Civil Summons Returnable to OATH to
the desk officer, command of issuance.
9. Seize the motorized scooter/electric bicycle.
a. A Civil Summons Returnable to OATH must be issued to a person
or business if a motorized scooter/electronic bicycle is seized.

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UNIFORMED 10. Notify and request response of the Emergency Service Unit to disconnect
MEMBER OF the battery and render the motorized scooter/electric bicycle safe.
THE SERVICE
(continued)

NOTE The batteries in certain electric powered motorized scooters have the potential to overheat,
creating a fire hazard. Additionally, improper wiring and/or inadequate insulation can cause a
short circuit, shock hazard, or the motor to engage, resulting in unintended movement.

11. Invoice the motorized scooter/electric bicycle as arrest evidence, as per


P.G. 218-19, “Invoicing Vehicles/Property as Arrest/Investigatory
Evidence or for Forfeiture Proceedings or to Determine True Owner.”
a. If the motorized scooter/electric bicycle does not have a serial
number, attach a Property Clerk Division seal to the motorized
scooter/electric bicycle.
b. Record Property Clerk Division seal number on the PROPERTY
CLERK INVOICE (PD521-141).
12. Advise respondent that the motorized scooter/electric bicycle may be
recovered upon presentation of receipt from the Office of Administrative
Trials and Hearings indicating the summons has been adjudicated, proof
of ownership, and proper identification.

DESK OFFICER 13. Ensure the motorized scooter/electric bicycle is stored in a secure location that
will minimize the risk of damage to Department and/or other stored property.
a. Do not store a motorized scooter/electric bicycle in a Department
facility unless the battery has been disconnected.

PEDAL-ASSIST BICYCLES

UNIFORMED 14. Determine if a violation of New York City Traffic Rule 4-12(p)(5)(a) or
MEMBER OF (c) has occurred.
THE SERVICE 15. Issue violator a Moving summons returnable to the Traffic Violations
Bureau.

NOTE A Moving summons should be issued for violations of New York City Traffic Rule 4-
12(p)(5)(a) and (c), not a Civil Summons Returnable to OATH. Operators of pedal-assist
bicycles must comply with the Traffic Rules governing the operation of bicycles, not
vehicles.

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
When a member of the service encounters a situation whereby one or more motorized
scooters/electric bicycles are located on the sidewalk outside a business that employs
them, the devices may ALL be seized and the proprietor issued a Civil Summons
Returnable to OATH, as the mere possession of these devices by a business is unlawful
under the Administrative Code Section 10-157(k).

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ADDITIONAL It is also illegal to sell, lease or rent unregistered motorized scooters/electric bicycles in
DATA New York City. Uniformed members of the service observing businesses engaged in
(continued) these actions may issue a Civil Summons Returnable to OATH for NYC Administrative
Code 20-762 and also notify the Department of Consumer Affairs.

Nothing in this procedure precludes members from issuing summonses for violations
related to equipment to be carried by operators of commercial bicycles.

Any questions regarding the invoicing of motorized scooters/electric bicycles may be


referred to the applicable Property Clerk Division Auto Pound.

LEGAL CONSIDERATIONS

The newly enacted Traffic Rule pertaining to pedal-assist bicycles does not impact
enforcement against throttle bicycles under NYC Administrative Code 19-176.2(b) or
10-157(k). Traffic Rule 4-12(p)(5)(c), restricting the operation and parking of pedal-
assist bicycles was solely intended to govern traditional pedal-assist bicycles as defined
above, that have been modified to increase the motor output or achieve a speed of more
than 20 mph.

RELATED Summons Return Date and Time (P.G. 209-04)


PROCEDURES Personal Service of Civil Summons Returnable to the Office of Administrative Trials and
Hearings (OATH) - General Procedure - Non-CJRA Offenses (P.G. 209-12)
Civil Summons Returnable to the Office of Administrative Trials and Hearings (OATH)
– Graphic (P.G. 209-14)
Invoicing Property - General Procedure (P.G. 218-01)
Return of Property/Vehicles at Command and Processing Voided Property Invoices (P.G. 218-02)
Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to
Determine True Owner (P.G. 218-19)
Obtaining and Returning of Property Clerk Division Seals (Plastic Security Seals) (P.G. 218-42)
Requesting U.S. Postage Stamps (A.G. 325-26)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD260-211)
COMMON OFFENSES RETURNABLE TO THE OFFICE OF ADMINISTRATIVE
TRIALS AND HEARINGS (OATH) (PD160-013)
PROPERTY CLERK INVOICE WORKSHEET (PD521-141A)
PROPERTY CLERK INVOICE (PD521-141)
CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061)
PROPERTY CLERK DIVISION SEAL DISTRIBUTION CARD (PD521-1411)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-38

UNLAWFUL POSSESSION OF MARIJUANA


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/27/19 08/28/19 1 of 5

PURPOSE To instruct members of the service on the process of issuing a Criminal Court
summons for Penal Law section 221.10, Unlawful Possession of Marijuana in the
First Degree, and 221.05, Unlawful Possession of Marijuana in the Second Degree,
to qualified violators.

SCOPE An individual is guilty of Unlawful Possession of Marijuana in the Second Degree


(P.L. 221.05), if they possess up to, and including, one ounce of marijuana. In
addition, an individual is guilty of Unlawful Possession of Marijuana in the First
Degree (P.L. 221.10), if that person possesses over one ounce, up to, and
including, two ounces of marijuana. Both charges, Unlawful Possession of
Marijuana in the First Degree (P.L. 221.10) and Unlawful Possession of Marijuana
in the Second Degree (P.L. 221.05), are violations, subject to the issuance of a
Criminal Court summons. It is not relevant that the individual possessed the
marijuana open to public view, or that the marijuana was burning.

PROCEDURE When a person is found to be in violation of Unlawful Possession of Marijuana


in the First Degree (P.L. 221.10) or Unlawful Possession of Marijuana in the
Second Degree (P.L. 221.05):

UNIFORMED 1. Inform violator of offense committed, unless physical resistance, flight or


MEMBER OF other factors render such notification impractical.
THE SERVICE 2. Confiscate contraband in plain view for subsequent testing and invoicing
as per P.G. 218-08, “Field Testing of Marijuana by Authorized
Uniformed Members of the Service.”
3. Inform person that they will be issued a Criminal Court summons, if qualified.
4. Establish person’s identity through observation of valid identification
documents.
5. Query the Domain Awareness System (DAS), utilizing a mobile device or
through the local command, to determine if person qualifies to be issued a
Criminal Court summons.
a. Disqualifying factors for a Criminal Court summons are:
(1) Person is charged with other fingerprintable offenses
(2) Person has an active misdemeanor or felony warrant
(a) If person has an active SAP warrant, the person
will be issued a Criminal Court summons and
returned to the local Criminal Court to answer both
the summons and warrant
(3) Person was burning marijuana while seated in the driver
seat of a vehicle
(a) If the operator appears to be impaired, comply with
P.G. 208-40, “Intoxicated or Impaired Driver Arrest.”
If the operator does not appear to be impaired, a DESK
APPEARANCE TICKET (DAT) will be issued

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UNIFORMED (4) Person is wanted in connection with an active


MEMBER OF INVESTIGATION CARD (PD373-163) labeled
THE SERVICE Perpetrator – Probable Cause to Arrest; remove person to
(continued) command and:
(a) Comply with P.G. 208-23, “Computerized
Investigation Card System”
(b) Continue with summons process and release person
to responding detective
(c) DO NOT release a violator with an active
INVESTIGATION CARD labeled, Perpetrator –
Probable Cause to Arrest, if no detective is available
to re-arrest the violator
(1) In this situation, process the violator as an
online arrest and inform the assigned
Assistant District Attorney of the
circumstances.

IF PERSON QUALIFIES FOR A CRIMINAL COURT SUMMONS IN THE


FIELD:

UNIFORMED 6. Issue person a Criminal Court summons for Unlawful Possession of


MEMBER OF Marijuana in the first or second degree.
THE SERVICE 7. Enter in Criminal Court Information section on rear of Criminal Court
summons, the words: “See Attached SUPPORTING DEPOSITION
REPORT.”
8. Prepare “Criminal Court of the City of New York” side of MARIJUANA
SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145).
a. Attach MARIJUANA SUPPORTING DEPOSITION/FIELD
TEST REPORT to Criminal Court summons by using a paper clip.
9. Submit marijuana, Criminal Court summons and attached MARIJUANA
SUPPORTING DEPOSITION/FIELD TEST REPORT, immediately,
to desk officer.

DESK OFFICER 10. Direct authorized uniformed member of the service, who has been trained
in marijuana field testing, to comply with P.G. 218-08, “Field Testing of
Marijuana by Authorized Uniformed Members of the Service,” and to
complete “Marijuana Field Test Report” side of MARIJUANA
SUPPORTING DEPOSITION/FIELD TEST REPORT.

IF PERSON IS TO BE REMOVED TO COMMAND:

UNIFORMED 11. Remove person to command and advise desk officer of facts.
MEMBER OF
THE SERVICE

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DESK OFFICER 12. Question officer regarding circumstances that led to the apprehension of
person and seizure of marijuana.
a. Determine whether person should be issued a Criminal Court
summons, a DAT, or processed online.
b. Include in Command Log entry that circumstances of summons or
arrest were in conformance with the standards set forth in this
procedure.
13. Allow person to contact a third party in order to obtain appropriate
identification, when such identification is necessary for the issuance of a
summons or (DAT).
a. Delay arrest processing a reasonable amount of time to allow
delivery of such document(s).
b. Utilize Department computer systems and devices to ascertain
identity of violator, including the viewing of digital booking
photos, querying DAS and by using a Mobile Identification
Device, if available.
14. Ensure person’s identity has been verified.
15. Verify person does not have an active misdemeanor or felony warrant or a
probable cause INVESTIGATION CARD, and there exist no other
factors that would disqualify the person from receiving a Criminal Court
summons.
16. Direct issuance of Criminal Court summons, if qualified.

IF PERSON QUALIFIES FOR A CRIMINAL COURT SUMMONS AT THE


STATION HOUSE:

UNIFORMED 17. Comply with steps “6” through “9” above.


MEMBER OF
THE SERVICE

DESK OFFICER 18. Direct release of person after Criminal Court summons has been issued.
a. Once a decision is made to issue a Criminal Court summons, do
not delay release of person in order to field test the marijuana.
19. Make Command Log entry and process summons as per P.G. 209-09,
“Personal Service of Summonses Returnable to Traffic Violations Bureau
or Criminal Court.”
20. Ensure uniformed member of the service issuing the Criminal Court
summons complies with steps “6” through “9” above.
21. Direct authorized uniformed member of the service, who has been trained
in marijuana field testing, to comply with P.G. 218-08, “Field Testing of
Marijuana by Authorized Uniformed Members of the Service,” and to
complete “Marijuana Field Test Report” side of the MARIJUANA
SUPPORTING DEPOSITION/FIELD TEST REPORT.

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IF PERSON DOES NOT QUALIFY FOR A CRIMINAL COURT SUMMONS:

DESK OFFICER 22. Direct issuance of DAT for Unlawful Possession of Marijuana in the First
Degree (P.L. 221.10) or Unlawful Possession of Marijuana in the Second
Degree (P.L. 221.05), if person is properly identified and eligible.
a. Disqualifying factors for a DAT for the charge of Unlawful
Possession of Marijuana in the First Degree (P.L. 221.10) or
Unlawful Possession of Marijuana in the Second Degree (P.L.
221.05):
(1) Person refuses to sign DAT
(2) Person has an active misdemeanor or felony warrant
(3) Person is under the influence of drugs/alcohol to the degree
that he/she may endanger him/herself or others
(4) Person owes DNA.
23. Ensure arrest is processed online as per existing Department procedures,
if person is not eligible for a Criminal Court summons or DAT.

ADDITIONAL MARIJUANA IN A VEHICLE


DATA
If marijuana is observed inside a vehicle with multiple occupants, every attempt should
be made to identify the person in custody and control of the marijuana. Only that person
should be issued a Criminal Court summons if the amount possessed is 2 ounces, or less,
or be arrested for possession of marijuana, if the amount possessed exceeds 2 ounces.
Normally, the operator of a private vehicle would be considered in custody and control
of any items in the vehicle, unless it is found on the person of a passenger or in such a
manner that would lead a uniformed member of the service to believe that a passenger
has custody and control of the item.

GROUP OF PEOPLE SMOKING MARIJUANA


If a group of people are observed smoking and passing a marijuana cigarette, all
persons observed in possession of the marijuana cigarette may be issued a Criminal
Court summons for Unlawful Possession of Marijuana in the 2nd Degree (Penal Law
221.05). Additionally, this type of incident does not constitute a sale or intent to sell
under this procedure. None of the people should be arrested and charged with selling
marijuana.

MEDICAL MARIJUANA

Possession, use, or transport of medical marijuana is legal pursuant to Public Health


Law Section 3362 for a certified patient or designated caregiver who possesses a valid
registry identification card, if the possession meets certain criteria as described in Legal
Bureau Bulletin Vol. 45, No. 2, dated September 2015.

If the medical marijuana is smoked, consumed, or vaporized in a public place, or in a


vehicle, it is no longer subject to the protections of Public Health Law 3362. Violators
are subject to enforcement under Penal Law 221. Authorized forms of medical
marijuana are liquid, oil, and capsule preparations, and do not include any form of an
actual marijuana plant.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

209-38 08/28/19 5 of 5

ADDITIONAL LIQUID TETRAHYDROCANNABINOL (Liquid THC)


DATA
(continued) Forms of liquid THC are often found in the cartridges of vape pens or in foods
commonly referred to as “edibles.” If this liquid is found in a product marketed as
Cannabidiol (CBD), enforcement action will only be taken if the circumstances
pose a danger to the user, or others (e.g., a driver who appears to be under the
influence, or a child who has an adverse reaction after ingesting the CBD
product, etc.).

RELATED Computerized Investigation Card System (P.G. 208-23)


PROCEDURES Desk Appearance Ticket-General Procedure (P.G. 208-27)
Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal
Court (P.G. 209-09)
Returning an Individual to Court to Vacate a Summons Adjudication Part (SAP)
Warrant (P.G. 208-78)
Field Testing of Marijuana by Authorized Uniformed Members of the Service (P.G. 218-08)

FORMS AND INVESTIGATION CARD (PD373-163)


REPORTS MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145)
DESK APPEARANCE TICKET (COMPUTER FORM)
DESK APPEARANCE TICKET (PD260-121)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Summonses Procedure No: 209-39

PERSONAL SERVICE OF TRANSIT ADJUDICATION BUREAU


NOTICE OF VIOLATION (TAB/NOV) IN LIEU OF ARREST FOR A
QUALIFIED INDIVIDUAL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4
PURPOSE To provide for the issuance of a Transit Adjudication Bureau Notice of Violation
(TAB/NOV) in lieu of arrest for eligible individuals apprehended for violating
New York City Transit Rules of Conduct (21 NYCRR, Chapter XXI, Part 1050)
in the New York City Transit System.

SCOPE Pursuant to section 1204(5-a) of the Public Authorities Law, any person
committing one or more violations of the New York City Transit Rules of
Conduct, shall be subject to either arrest and criminal prosecution in the Criminal
Court of the City of New York or civil penalties imposed by the Transit
Adjudication Bureau. Therefore, after careful consideration of the violator’s
criminal history and potential threat to public safety, members may take
appropriate corrective action by issuance of a Transit Adjudication Bureau Notice
of Violation (TAB/NOV) or Criminal Court summons in lieu of arrest, if qualified.

DEFINITIONS TAB RECIDIVIST - A subject who has received three or more TAB/NOV
within the last two years or has three or more unpaid/unanswered TAB/NOV
within the last eight years. TAB Recidivists are not eligible to receive a
TAB/NOV for violations of the NYC Transit Rules of Conduct.

TRANSIT OFFENDER - A subject who is on parole or probation or has three or


more unsealed Theft of Services arrests in the last three years or has one or more
unsealed arrest in the transit system for the following crimes:
a. Within the last ten years:
(1) Murder
(2) Any sex offense
(3) Robbery
(4) Felony Assault
(5) Grand Larceny.
b. Within the last three years:
(1) Felony weapon
(2) Assault/Menacing/Harassment
(3) Reckless Endangerment
(4) Larceny/possession of stolen property
(5) Criminal Mischief
(6) Forgery/fraud/unlawful credit card use
(7) Jostling.

PROCEDURE When a person is observed violating a provision of the New York City Transit
Rules of Conduct within the New York City Transit System:

UNIFORMED 1. Take violator into custody and inform violator of offense committed,
MEMBER OF unless physical resistance, flight or other factors render such notification
THE SERVICE impractical.
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UNIFORMED 2. Request violator to show proof of identity and residence.


MEMBER OF 3. Establish violator’s identity and residence through observation of valid
THE SERVICE identification documents.
(continued) 4. Request background check of violator through the local Transit District,
and/or through the use of a mobile device, using the Domain Awareness
System (DAS).
5. Issue violator TAB/NOV in lieu of arrest for observed violation(s), if
qualified, and eject from the system, if appropriate.
a. Disqualifying factors for a TAB/NOV are:
(1) Violator has an active warrant
(2) Violator is wanted in connection with an active
INVESTIGATION CARD (PD373-163) labeled
“Perpetrator – probable cause to arrest”
(3) Violator is charged with other fingerprintable offense(s)
(4) Violator is not properly identified or valid residence
cannot be ascertained
(5) A legitimate law enforcement purpose in addition to the
initial violation can be articulated
(6) Violator is identified as a TAB Recidivist or Transit
Offender.
6. Issue violator a Criminal Court summons in lieu of arrest for the observed
violation(s), if qualified and:
a. Identified as a TAB Recidivist
(1) Use Transit Rule violation code if issuing summons for
fare evasion.
b. Identified as a Transit Offender and the observed violation is other
than fare evasion.
7. Remove violator to Transit District command or a designated arrest
facility and inform desk officer of facts, if violator is disqualified from
receiving a TAB/NOV or Criminal Court summons.

DESK OFFICER 8. Question officer regarding circumstances that led to arrest.


a. Conduct a DAS search to verify background of violator.
b. Determine whether violator should be issued a summons or
processed as an online arrest.
9. Make a Command Log entry including the circumstances of the summons
or arrest.

UNIFORMED 10. Process the violator as an online arrest if:


MEMBER OF a. Violator has an active non-Summons Adjudication Part (SAP)
THE SERVICE warrant
b. Violator is charged with other fingerprintable offense(s)
c. Violator has evaded the transit fare and is designated a Transit
Offender
(1) Charge violator with New York State Penal Law offense
of Theft of Services.
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UNIFORMED d. A legitimate law enforcement purpose in addition to the initial


MEMBER OF violation can be articulated
THE SERVICE e. Violator cannot be properly identified or produce valid proof of
(continued) residence.
(1) Allow violator to contact a third party in order to obtain
appropriate identification and proof of residence.
(a) Delay arrest processing for a reasonable amount of
time to allow for delivery of such document(s).
(2) Utilize Department computer systems and devices to
ascertain identity of violator, including the viewing of
digital booking photos, querying DAS and by using a
Mobile Identification Device, if available.
(3) Issue a TAB/NOV or Criminal Court summons, as
appropriate, if identity and valid residence are properly
established.

DESK OFFICER 11. Comply with P.G. 208-23, “Computerized Investigation Card System,” if an
active INVESTIGATION CARD labeled, “Perpetrator – Probable Cause to
Arrest” exists, and:
a. Release violator to responding detective, after issuance of summons
returnable to Criminal Court, unless violator is processed as an
online arrest
b. DO NOT release a violator with an active INVESTIGATION
CARD labeled, “Perpetrator – Probable Cause to Arrest,” if no
detective is available to re-arrest the violator
(1) In this situation, process the Transit Rule violation as an
online arrest and inform the assigned Assistant District
Attorney of the circumstances.
VIOLATOR IS THE SUBJECT OF A SAP WARRANT:

DESK OFFICER 12. Direct the issuance of a Criminal Court summons.


a. Utilize the bar code reader to scan the served Criminal Court
summons into the Electronic Summons Tracking System (ESTS).
b. Scan the “Original” copy of the Criminal Court summons into the
network scanner.
c. Create a new summons envelope transmittal for the “Original”
copy of the Criminal Court summons in ESTS and scan the
Criminal Court summons directly to court.

UNIFORMED 13. Return the arrestee to the Criminal Court Arraignment Part, in the
MEMBER OF borough the current violation was observed, to appear on the warrant and
THE SERVICE the Criminal Court summons issued for the current violation.
a. The summons issuing officer does not have to be the escorting officer.
b. The arrestee does not have to be returned to the issuing borough
court to vacate the SAP warrant. They can be returned to any
Criminal Court in the City.
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UNIFORMED 14. Provide the “Original” copy of the Criminal Court summons prepared for
MEMBER OF the current violation, as well as a copy of the warrant(s), to the Associate
THE SERVICE Court Clerk of the Criminal Court Arraignment Part.
(continued) 15. Wait with the individual while court staff retrieve the appropriate file(s)
and/or add the matter(s) to the court’s calendar.
16. When called, bring the defendant before the court to adjudicate both the
Criminal Court summons issued for the current violation and the
outstanding warrant(s).
17. Be guided by the judge, court staff, and members of the service assigned
to the borough Court Section regarding the release or continued custody
of the defendant.

DESK OFFICER 18. Direct the issuing officer to release the person from the command and, if
appropriate, eject them from the system, if there are no other reasons to
detain the violator.

ADDITIONAL In all cases, when a Criminal Court summons is issued for an observed violation of New
DATA York City Transit Rules of Conduct, the Transit Rules violation code will be used for the
charge.

A Transit Offender will not be issued a DESK APPEARANCE TICKET when arrested
for a crime committed within the New York City Transit System.

RELATED Computerized Investigation Card System (P.G. 208-23)


PROCEDURES

FORMS AND DESK APPEARANCE TICKET


REPORTS INVESTIGATION CARD (PD373-163)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-01

PRISONERS GENERAL PROCEDURE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/01/18 10/01/18 1 of 9

PURPOSE To safeguard prisoners in police custody.

DEFINITIONS HOLDOVER PRISONER - a prisoner who has entered the court process but has not
yet been arraigned and has been returned to police custody for overnight detention.
PRISONER SECURITY GUIDELINES - all prisoners while in the custody and
control of personnel from this Department will be searched on their entry and exit
from any police, detention, district attorney, or court facility. Prisoners being
transported from any location, not included above, will be searched prior to departure
from the location and upon arrival at the transport destination. The searches will be
conducted as per the guidelines set forth in P.G. 208-05, “Arrests - General Search
Guidelines” (see ADDITIONAL DATA). The ranking officer supervising the
transport of a prisoner(s) and all supervising officers and borough court section
supervisors will ensure that this procedure is strictly adhered to.

PROCEDURE When prisoners must be detained in Department detention facilities or


transported to courts or other facilities:

DESK OFFICER 1. Request borough court section concerned to assign cell space and determine
method of transportation to an activated detention facility giving:
a. Name, gender, and physical condition of prisoner
b. Precinct of arrest and arrest number
c. Status of processing
d. Next destination of prisoner (e.g., photo, court, etc.)
2. Notify borough court section concerned if prisoner must be detained for a
brief period of time in a detention facility not activated by borough court
section concerned, giving:
a. Reason and amount of time prisoner is to be lodged
b. Charge against prisoner
c. Name, gender, and age of prisoner.
3. Comply with instructions given by borough court section concerned.
4. Make Command Log entry of facts and instructions received.
5. Have appropriate entries made on PRISONER ROSTER (PD244-145)
if prisoner detained.
6. Assign police attendant to temporary duty within cellblock.
a. If a prisoner is placed in a cell alone because he/she threatens or
fights with another prisoner(s), is causing disruption, or for any
other reason, ensure that a member of the service will continue to
monitor that prisoner closely.
7. Record any change of custody in Command Log.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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DESK 8. Permit prisoner to be interviewed by the following properly identified


OFFICER/ persons when on official business:
BOROUGH a. Supervisory officer of this Department
COURT b. Member of Detective Bureau or detective squad
SECTION c. District Attorney or representative
SUPERVISOR d. Chief Medical Examiner or representative
e. Prisoner’s legal representative (in precinct/district/PSA, interview is
conducted in muster room ONLY; in borough court section, interview is
permitted in location designated by borough court section supervisor)
f. Official of a City department, if prisoner is an employee of that department
g. Federal law enforcement officer
h. Member of the clergy (upon request by prisoner)
i. New York State Department of Corrections and Community
Supervision (DOCCS) officers to serve parole violation papers
j. Foreign Consulate/Embassy Officers.
9. Enter the following information under “Details” on ARREST REPORT -
SUPPLEMENT (PD244-157) when an attorney interviews a prisoner at
precinct, district, PSA, or borough court section:
a. Name, address, and telephone number of attorney
b. Name and address of person who retained attorney
c. Whether the prisoner was interviewed
d. Time arrived and departed from the stationhouse/borough court section.
10. Permit parents or legal guardian to visit a prisoner between the ages of 17
and 21, for not longer than 15 minutes, in the muster room, provided:
a. Detective squad commander, arresting officer, or, if visit is at other
than precinct of arrest, desk officer, precinct of arrest is consulted
b. Visit is in presence of desk officer/borough court section supervisor
c. Prisoner has been detained more than four hours
d. Prisoner is not eligible for a summons
e. Visit does not interfere with police business.
11. Enter name, address, and relationship of person visiting prisoner on
ARREST REPORT - SUPPLEMENT.
a. If the interview occurred at a location other than the precinct of
arrest or borough court section, facts relating to the visit will be
telephoned to the desk officer, precinct of arrest, who will have all
pertinent details entered under “Details” on the ARREST
REPORT - SUPPLEMENT.
12. Advise prisoner of availability of clergy whenever it appears prisoner is
despondent, confused, or likely to commit suicide.
13. Permit prisoner to make use of telephone privileges declined during arrest process.
14. DO NOT confine female prisoner with a nursing baby in a cell.
a. Assign female police attendant or female uniformed member of
the service, if available within command, as guard.
15. Have child delivered to responsible member of family or to a hospital, if
mother unable to provide care.

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PRISONERS BEING TRANSPORTED

DESK 16. Assign escort officer(s) to guard prisoner(s) being transported to


OFFICER/ detention facilities.
BOROUGH a. Assign member of outgoing platoon, at change of tour, to guard
COURT and transport prisoner(s) if assignment of escorting officer would
SECTION result in overtime.
SUPERVISOR b. Assign separate escort officer(s) to prisoner(s) having different
destinations (e.g., female cells, hospital, etc.)
17. Assign additional escort officer(s) when:
a. More than two prisoners being guarded and transport chains are
not available, OR
b. More than nine prisoners being transported by transport chains, OR
c. Several detention stops are involved, OR
d. More than one prisoner with different destinations.
e. Prisoner is designated “high risk” escape threat (see
ADDITIONAL DATA statement under heading, “HIGH RISK”
PRISONERS).

ESCORTING 18. Rear cuff all prisoners or place on transport chains if appropriate, before
OFFICER leaving cell block.
a. Secure loose ends of chain when less than five prisoners are
secured on chain.
b. Double lock transport chain cuffs.
c. For better control, physically hold prisoner OR hold chain linking
handcuffs, as circumstances dictate.

DESK OFFICER/ 19. Closely supervise the removal of all prisoners from the precinct.
BOROUGH 20. Determine if prisoner is a potential escape risk after conferring with
COURT arresting officer.
SECTION a. Place leg restraints on prisoner prior to transport if it is determined
SUPERVISOR prisoner is a potential escape risk, OR prisoner refused to be
fingerprinted, OR prisoner is being transported to a hospital for
medical treatment.
21. Ensure that attendant places prisoners on transport chains before leaving
cell block.
a. Escorting officers may use transport chains or handcuffs when
escorting one or two prisoners; more than two prisoners, transport
chains must be used.
b. Make certain transport chains are in double lock mode, when utilized.
22. Step from behind the desk and personally check that all prisoners are
secured to transport chains or rear handcuffed, if appropriate, when
prisoners are being removed.
23. Utilize available command personnel to assist attendant and escorting
officers loading prisoners onto patrolwagon.

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DESK OFFICER/ 24. Ensure that members of the service are alert and properly positioned to
BOROUGH prevent escape.
COURT 25. Have attendant, or escorting officer, if attendant not available, prepare
SECTION PRISONER TRANSPORT DISPATCH (PD171-132).
SUPERVISOR a. If more than one prisoner, and different destinations involved,
(continued) separate DISPATCH will be prepared for each destination.

ESCORTING 26. Obtain both copies of PRISONER TRANSPORT DISPATCH from


OFFICER attendant and comply with instructions.
27. Ride in transporting vehicle and keep prisoners under constant
surveillance while transporting to court, etc.
28. Deliver prisoner(s) to assigned detention facility.
29. Assist attendant in searching and placing prisoner in cell.

POLICE 30. Conduct complete search of prisoner (see P.G. 208-05, “Arrest - General
ATTENDANT Search Guidelines”).
31. Lock prisoner in cell.
32. Make entries on PRISONER ROSTER and file at desk when completed.

DESK OFFICER/ 33. Periodically conduct personal inspection of prisoner noting their
BOROUGH condition and document the inspection under the “Remarks” caption on
COURT the PRISONER ROSTER.
SECTION
SUPERVISOR

ESCORTING 34. Deliver prisoner’s fingerprints to appropriate borough court section


OFFICER facility if prisoner is not printed on Livescan.

DESK 35. Obtain original copy of PRISONER TRANSPORT DISPATCH from


OFFICER, escorting officer and file chronologically.
PRECINCT OF
ARREST

DESK 36. Keep all cell doors and other doors leading into cellblock area locked if
OFFICER, cells have not been activated.
PRECINCT OF 37. Make entry in Command Log and notify an available supervisory officer
DETENTION to inspect cellblock when informed that command’s cells are activated.
38. Assign police attendant.

SUPERVISORY 39. Observe opening of detention area.


OFFICER 40. Inspect each cell to ascertain that cells are clean and free of unauthorized
CONCERNED items.
41. Make Command Log entry indicating time the first prisoner lodged and
condition of cells.

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HOLDOVER PRISONERS IN ADDITION TO OTHER REQUIRED ACTION


LISTED ABOVE

DESK 42. Assign member(s) to escort prisoners to court.


OFFICER, 43. Direct escorting officer to complete captions and sign PRISONER
PRECINCT OF ROSTER when prisoner is removed from cell.
DETENTION 44. Review PRISONER ROSTER for accuracy and completeness.
45. Initial PRISONER ROSTER next to “Time of Admission” column for
each prisoner removed.

POLICE 46. Prepare PRISONER TRANSPORT DISPATCH listing all prisoners


ATTENDANT having same destination.
a. Prepare separate DISPATCH form for each destination.

ESCORTING 47. Verify prisoner placed on transport chains are same as listed on
OFFICER DISPATCH and take “head count.”
48. Deliver prisoners to holding pen at destination.
49. Return to command for assignment or proceed to original destination, as
appropriate.
ADDITIONAL “HIGH RISK” PRISONERS
DATA
Determinations as to whether a particular prisoner presents a potential escape risk
should be made on a case-by-case basis. Factors that can be considered in making this
determination include the seriousness of the offense charged, prisoner unwillingness to
identify himself or herself, forcible resistance to arrest, threats of violence and/or escape
threats directed at uniformed members of the service, a known history of violence,
weapons possession, or escape/attempted escape.

USE OF LEG RESTRAINTS

The use of leg restraints does not replace the requirement to rear handcuff the prisoner.
All procedures detailing the use of handcuffs remain in effect. When using leg restraints
on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling.

Leg restraints MUST be used when transporting a prisoner that has refused to be
fingerprinted and for ALL prisoners being transported to a hospital for medical
treatment. If the desk officer determines that extenuating circumstances exist that
preclude placing leg restraints on a prisoner that has refused to be fingerprinted or is
being removed to a hospital for medical treatment, a Command Log entry will be made
detailing the reason why.

Leg restraints may not be placed on prisoners for “punitive” purposes. Determinations
as to whether a particular prisoner presents a potential escape risk should be made on a
case by case basis. Factors that can be considered in making this determination include
the seriousness of the offense charged, prisoner unwillingness to identify himself or
herself, forcible resistance to arrest, threats of violence and/or escape threats directed at
police officers, known history of violence, weapons possession or escape/attempted
escape.
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ADDITIONAL ACTIVATION OF DETENTION FACILITIES


DATA
(continued) Borough court section concerned activates detention facilities, assigns cell space, and
determines method of transportation for EVERY prisoner scheduled for detention or
change of custody (i.e., to court, hospital) even though precinct of arrest has cells. Refer
to P.G. 210-17, “Arrest Processing of Pre-Arraignment Prisoners Designated as
‘Special Category’ ” and/or P.G. 203-10, “Public Contact – Prohibited Conduct,”
subdivision “a” following step “1”, regarding gender, if necessary.

CITIZEN’S POLICY AND COMPLAINT REVIEW COUNCIL

Members of the Citizen’s Policy and Complaint Review Council are permitted to enter
and inspect precinct detention cells and any books or records pertaining to these cells at
any and all times.

ARREST OF LIMITED ENGLISH PROFICIENT OR HEARING IMPAIRED PERSONS

Members of the service are reminded that if the prisoner appears to have difficulty
understanding/communicating in English, the member of the service concerned should comply with
P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” If the
prisoner appears to be hearing impaired, the member of the service concerned should comply with
P.G. 212-104, “Interaction with Hearing Impaired Persons.” The use of a bilingual employee or
the Language Initiative Program is the preferential method for interpretation when interacting with
a prisoner. It is recommended that certified members of the Language Initiative Program be
used for custodial interrogations. Appropriate Command Log entries will be made when
interpretation services are utilized.

PRISONER CONFLICTS
Whenever an arresting officer/investigator becomes aware that there is the need to separate
two or more defendants from one another due to threats made by one defendant to another,
or due to the potential for one defendant to assault another, a notation will be made at the
bottom of each defendant’s Prisoner Movement Slip in the “Detention Alert” section under
the caption “Other (Explain).” The notation must contain the name and arrest number of
the other defendant involved, as well as an indication as to why separation is deemed
necessary (e.g., prisoner had a fight with the other prisoner, prisoner was threatened by
other prisoner). If separation is required for confidential or sensitive reasons, such as one
prisoner testified against another, enter the name and telephone number of the arresting
officer/assigned investigator so that further information can be obtained if necessary, rather
than entering the actual reason for the separation. (If detention personnel are unable to
contact the arresting officer/assigned investigator for further information, they will continue
to keep the affected prisoners separated from one another).

In the event that an arrest processing officer or escorting officer becomes aware that a
conflict exists between prisoners requiring their separation, the officer must:
a. Inform the arresting officer/assigned investigator of the circumstances in order
that the latter may make entries on the Prisoner Movement Slips, OR
b. Personally make entries on the Prisoner Movement Slips which must then be
brought to the attention of the court section personnel for entry on the
courthouse generated movement slips.

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ADDITIONAL The information entered on the Prisoner Movement Slip prepared at the precinct must
DATA also be entered on the computerized movement slip generated at the courthouse when
(continued) the prisoner is photographed. In addition to the notation on the movement slip, the
arresting officer/assigned investigator/escorting officer will notify the concerned
borough court section supervisor.

Members of the service assigned to prisoner detention functions at a command and at the
courthouse must examine and be guided by the information contained in the “Detention
Alert” caption on each Prisoner Movement Slip in regard to separating prisoners, etc.

HANDCUFFING PROTOCOL
The Department’s policy is to handcuff all prisoners with hands behind their back, when
practical.
a. If it is safer for the member of the service and the subject, the member of the
service may front-cuff the subject initially, and then rear-cuff as soon as it is
practical and safety allows.
b. If members of the service are having difficulty rear-cuffing a subject, Department
issued leg restraints or Velcro straps to immobilize the legs of a subject may be used
as an effective tactic to gain control, limit the subject’s ability to flee or harm other
individuals, and allow the subject to be safely rear-cuffed with minimal force.

If available, Department issued alternative restraining devices should be used to restrain, or


further restrain, subjects whose actions may cause injury to themselves or others.

When a prisoner has surrendered at a law enforcement facility and is accompanied by


an attorney, the uniformed member of the service may request authorization from an
immediate supervisor not to use handcuffs, after the supervisor and uniformed member
of the service have evaluated the following criteria:
a. Potential threat to the officer, prisoner and other persons
b. Possibility of the prisoner escaping.

In all circumstances, uniformed members of the service should conduct a search of the prisoner.
PRISONER SECURITY SURVEY
To promote safety for members of the service and improve prisoner security, a prisoner
security survey will be conducted annually during the last week of September, in all
Department facilities where prisoners are processed. Commanding officers will make
certain that prisoners being processed will not be allowed in areas containing Department
lockers, or have access to any Department or personal property that might provide a means
of escape or cause injury. The prohibition against prisoners being held, even temporarily,
in areas containing Department lockers or of prisoners having access to Department or
personal property of members shall be strictly enforced and clearly and frequently
communicated to all members of the command by commanding officers concerned.

Commanding officers will report the results of the annual prisoner security survey, by
September 30th, each year, on Typed Letterhead, addressed to the bureau chief
concerned, through channels. Included in the report will be a description of prisoner
processing areas, hazards or deficiencies observed and corrective action taken.

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ADDITIONAL Investigative units located in precinct stationhouses will be surveyed by the precinct
DATA commander in consultation with the investigative unit commander. Results will be
(continued) reported on the precinct commanding officer’s report. NO duplicate report is required
from the investigative unit commander but responsibility for corrective actions will
reside with the unit commander.

Bureau chiefs will review the prisoner security survey reports received from subordinate
commands. The reports will be forwarded to the Strategic Analysis Section, Office of the
Chief of Department, with a covering Typed Letterhead, indicating that corrective
action has been initiated or completed, if required. The Strategic Analysis Section is
responsible for collating the reports received from bureau chiefs and providing
administrative assistance to the Prisoner Security Board.

PRISONERS AND VICTIMS WITH COMMUNICABLE DISEASES

Information concerning a prisoner’s or a victim’s affliction with a communicable disease must


be kept confidential. This information generally should not be released to the public, the
media, the person’s family and friends, or to other prisoners. There may be unusual
circumstances under which release of this information is warranted. Any such release,
however, may only be made with the written consent of the Deputy Commissioner, Legal
Matters.

In some cases, prisoners may volunteer their positive status regarding a communicable
disease indicating the need to be segregated from general prisoner population or the
need for medical treatment. In such cases, isolation cells should be used, if available.
This information may be recorded on a Prisoner Movement Slip or on form MEDICAL
TREATMENT OF PRISONER (PD244-150) in order to alert personnel assigned to
Corrections, District Attorneys’ offices or courts.

Members of the service who are exposed to a communicable disease should follow the
provisions of P.G. 205-10, “Exposure of Members of the Service to Infectious
Diseases.”

DISRUPTION IN CELL AVAILABILITY

In those instances where there is a substantial disruption in the availability of detention


cells, at either a command or a borough court section facility, caused by a civil or
natural emergency, or disturbance, or any other circumstance which would deny the use
of the cells, the commanding officer/duty captain investigating the incident will ensure
that a telephone notification is made to the borough court section. An UNUSUAL
OCCURRENCE REPORT (PD370-150) describing the incident will be faxed to the
borough court section concerned. A copy of this REPORT will be forwarded to the
Criminal Justice Bureau. The Criminal Justice Bureau will make the determination as
to whether a notification is to be made to the New York State Commission of Correction.

PRISONERS DESIGNATED AS “FOR OTHER AUTHORITY (FOA)”

If a federal court or detention facility is unable to lodge a FOA prisoner (i.e., court
closed, etc.) the Criminal Justice Bureau has designated the Brooklyn Court Section to
detain these holdover prisoners until the respective federal entity is ready for intake. All
appropriate paperwork will accompany the FOA prisoner.
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ADDITIONAL SEXUAL ASSAULT AND SEXUAL HARASSMENT OF PRISONERS


DATA
(continued) The Department has a zero tolerance policy toward all forms of sexual assault and
sexual harassment of prisoners by other prisoners or any other person. Any instance or
allegation that a prisoner was sexually assaulted or sexually harassed while in custody
of this Department will be immediately reported to a supervisor and P.G. 210-07,
“Prisoners – Unusual Occurrence” will be complied with. A prisoner who reports being
a victim will be separated from the alleged offender and medical attention will be
provided if appropriate.

RELATED Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04)


PROCEDURES Prisoner Meals (P.G. 210-06)
Unusual Occurrences Involving Prisoners (P.G. 210-07)
Guidelines for Prisoner Holding Pens (P.G. 210-08)

FORMS AND ARREST REPORT - SUPPLEMENT (PD244-157)


REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150)
PRISONER ROSTER (PD244-145)
PRISONER TRANSPORT DISPATCH (PD171-132)
Typed Letterhead
UNUSUAL OCCURRENCE REPORT (PD370-150)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-03

HOSPITALIZED PRISONERS - ARRESTS BY


MEMBERS OF OTHER POLICE AGENCIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
11/21/14 11/21/14 1 of 2

PURPOSE To advise other police agencies of the procedure to be followed in guarding


hospitalized prisoners arrested by members of their agencies.

DEFINITION OTHER POLICE AGENCIES:


a. New York City Department of Correction
b. New York State Department of Corrections
c. Uniformed Court Officers
d. Port Authority Police
e. Metropolitan Transportation Authority Police
f. Amtrak Police
g. Sea Gate Police
h. F.D.N.Y. (Fire Marshals)
i. Department of Environmental Protection Police
j. Triborough Bridge and Tunnel Authority.

PROCEDURE When an arrest is effected by a member of another police agency and the
prisoner is admitted to a hospital:

DESK OFFICER, 1. Advise arresting officer that he/she must guard prisoner and notify agency
PRECINCT OF concerned to provide relief so that arrest processing will not be delayed.
ARREST/ 2. Notify agency concerned, by telephone, to provide guards around the clock.
BOROUGH 3. Record under “narrative” on ON LINE BOOKING SYSTEM ARREST
COURT WORKSHEET (PD244-159), name and location of hospital and ward or
SECTION
room number.
4. Notify desk officer of precinct wherein hospital located, if hospital
located in other than precinct of arrest.

DESK OFFICER, 5. Provide uniformed member of the service to guard prisoner temporarily
PRECINCT OF in multiple arrest cases, if arresting officer is required to process/arraign
HOSPITALIZATION
other prisoners.
a. Notify agency concerned, by telephone, to provide relief (give
location of hospital and room or ward number).
b. Make follow-up notification if relief not provided within one hour.
6. Request agency to provide prisoner with transportation to court at time of
release from hospital.
a. Agency concerned will supply officer to guard prisoner.

DESK OFFICER 7. Supply authorization for visits to prisoner as per P.G. 210-02.
CONCERNED

ADDITIONAL Photographic Unit will photograph prisoners arraigned at bedside by arresting


DATA agencies. Similarly, the Identification Section will provide expertise in obtaining
fingerprints, if normal means cannot be utilized.

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ADDITIONAL Borough court section concerned will provide staff assistance to arresting agency in
DATA bedside arraignments, when necessary.
(continued)

RELATED Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04)


PROCEDURES Hospitalized Prisoners (P.G. 210-02)
Bedside Arraignment (P.G. 210-05)

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-04

PRISONERS REQUIRING MEDICAL/PSYCHIATRIC TREATMENT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/10/18 09/10/18 1 of 10

PURPOSE To obtain medical/psychiatric treatment for prisoners in police custody.

DEFINITION PRISONER REQUIRING PSYCHIATRIC TREATMENT - an emotionally


disturbed prisoner, who has attempted suicide, is extremely violent, or exhibits
other irrational behavior.

PROCEDURE When a prisoner in custody requires medical/psychiatric treatment:

UNIFORMED 1. Request ambulance and remove prisoner to hospital directly from place of
MEMBER OF arrest, if necessary.
THE SERVICE a. Accompany prisoner to hospital.
b. Make ACTIVITY LOG (PD112-145) entry.
(1) Include name of person notified re: Medic Alert Emblem,
if worn.
(2) Include Ambulance Call Report (ACR) number or Patient
Care Report (PCR) number related to the prisoner (obtain
from responding ambulance attendant).
c. Notify desk officer.
2. Prepare MEDICAL TREATMENT OF PRISONER (PD244-150) form
for each prisoner who:
a. Receives medical/psychiatric treatment, OR
b. Refuses treatment after claiming injury or illness, OR
c. Is in apparent need of treatment, OR
d. May require prescribed medication, OR
e. Volunteers his/her positive status regarding a communicable
disease, if not documented on Prisoner Movement Slip, OR
f. Already has previously treated injuries.
3. Enter data recorded in Section I of MEDICAL TREATMENT OF
PRISONER form into the “Medical Treatment of Prisoner” application
within the Finest Online Records Management System (FORMS) by
selecting the “Reserve” function.
a. Record the Medical Treatment of Prisoner number generated
within the FORMS “Medical Treatment of Prisoner” application
in the corresponding box of the MEDICAL TREATMENT OF
PRISONER form.

SUPERVISOR 4. Ensure that MEDICAL TREATMENT OF PRISONER form is


AT SCENE prepared in accordance with steps “2” and “3” above and accompanying
ADDITIONAL DATA statements under heading, “PREPARATION OF
MEDICAL TREATMENT OF PRISONER FORM,” when a prisoner is
removed from the scene of an arrest direct to a hospital for
medical/psychiatric treatment.
a. Review and sign Section I of MEDICAL TREATMENT OF
PRISONER form.
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DESK 5. Request ambulance and have prisoner removed to hospital, if medical/


OFFICER, psychiatric/drug addiction treatment is required during arrest processing
COMMAND OF (see ADDITIONAL DATA statement under heading, “LIFE-
ARREST/ THREATENING MEDICAL SITUATIONS” and “SUSPECTED
BOROUGH INGESTION OF NARCOTICS/OTHER DANGEROUS SUBSTANCES.”).
COURT a. Make Command Log entry.
SECTION (1) Include name of person notified re: Medic Alert Emblem,
if worn.
(2) Include Ambulance Call Report (ACR) number or Patient
Care Report (PCR) number related to the prisoner
(obtained from the responding ambulance attendant).
6. Ensure that MEDICAL TREATMENT OF PRISONER form is prepared in
accordance with steps “2” and “3” above and accompanying ADDITIONAL
DATA statements under heading, “PREPARATION OF MEDICAL
TREATMENT OF PRISONER FORM.”
a. Review and sign Section I of MEDICAL TREATMENT OF
PRISONER form.
7. Direct, in non-emergency situations, that prisoners requiring medical,
psychiatric, or drug addiction treatment, which may result in being
admitted to the hospital, be removed to a local hospital for treatment and
evaluation.
8. Confer with medical staff at the local hospital. If the medical staff at that
hospital determines that the prisoner has a psychiatric condition that
requires admission to a hospital, the prisoner will be transferred to the
appropriate hospital as determined by medical staff, using only a private
ambulance under contract with that local hospital. FDNY Emergency
Medical Service ambulances will NOT be used to transport the prisoner.
Generally:
a. MALE prisoners requiring admission for psychiatric treatment
will be transported to Bellevue Hospital
b. FEMALE prisoners requiring admission for psychiatric treatment
will be transported to Elmhurst General Hospital.
9. Assign uniformed member of the service to escort prisoner.
a. Ensure that appropriate relief is provided to uniformed members of
the service guarding prisoners.
10. Make entry in Command Log when prisoner leaves.
11. Direct arresting officer to continue arrest processing, and have another
uniformed member of the service assigned to escort prisoner, when possible.

ARRESTING/ 12. Rear cuff and place leg restraints on prisoner before transporting to
ESCORTING hospital.
OFFICER a. Handcuffs and leg restraints will be double locked.
13. Remain with prisoner at all times in hospital.
14. Notify the desk officer of prisoner status prior to transport from local
hospital to Bellevue or Elmhurst General Hospital.

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ARRESTING/ 15. Ride inside the ambulance when accompanying the prisoner to either
ESCORTING Bellevue or Elmhurst General Hospital.
OFFICER 16. Make ACTIVITY LOG entry.
(continued) a. Include name of person notified re: Medical Alert Emblem, if
worn.
b. Include Patient Identification Number (in place of Ambulance
Call Report [ACR] number or Patient Care Report [PCR] number)
related to the prisoner (obtained from hospital intake personnel).
17. Notify desk officer, precinct of arrest/Borough Court Section facility,
regarding Medical Alert Emblem and Patient Identification number.
DESK 18. Make Command Log Entry.
OFFICER, a. Include name of person notified re: Medical Alert Emblem.
COMMAND OF b. Include Patient Identification Number (in place of Ambulance
ARREST/ Call Report [ACR] number or Patient Care Report [PCR] number)
BOROUGH related to the prisoner (obtained from hospital intake personnel).
COURT 19. Make the appropriate notation of the prisoner’s new location and
SECTION determine, what, if any, additional resources are needed for the transfer, if
a prisoner is transferred from the initial hospital to another hospital for
psychiatric treatment.

ESCORTING 20. Request room change if security is inadequate.


OFFICER 21. Do not remove handcuffs or leg restraints, unless requested by attending
physician.
a. If requested to remove handcuffs or leg restraints, inform
physician of circumstances of arrest.
b. If physician still requests removal, request the response of the patrol
supervisor to evaluate the need for additional personnel and equipment
(including Emergency Service Unit) to ensure safety during prisoner
treatment prior to removal of handcuffs or leg restraints.
22. Remain immediately outside room and attempt to maintain visual contact,
even if requested to leave examination room after informing physician of
circumstances of arrest.
23. Make appropriate entries of foregoing in ACTIVITY LOG and request
attending physician to sign entries.
a. Indicate physician’s refusal to sign any entries.
24. Complete entries on MEDICAL TREATMENT OF PRISONER form.
25. Notify desk officer, precinct of arrest, who will notify Borough Court
Section concerned immediately, if prisoner is admitted to any hospital
(see P.G. 210-02, “Hospitalized Prisoners.”).
DESK 26. Inquire with Department of Correction prison ward whether prisoner
OFFICER, admitted for psychiatric treatment can be lodged in prison ward, and
COMMAND OF request Department of Correction take custody of prisoner.
ARREST a. Make entry of inquiry in Telephone Record.
b. Notify escorting officer of results of inquiry with Department of
Correction.
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ESCORTING 27. Search prisoner in accordance with P.G. 208-05, “Arrests – General
OFFICER Search Guidelines,” for weapons, evidence, and/or contraband prior to
lodging prisoner with Department of Correction prison ward, regardless
of whether a prior search has already been conducted.
a. Make ACTIVITY LOG entry indicating results of search.
28. Forward copy of ON-LINE BOOKING SYSTEM ARREST
WORKSHEET (PD244-159), MEDICAL TREATMENT OF
PRISONER form, Prisoner Movement Slip, and a physical copy of any
active warrant(s) (where applicable) in live arrest cases, to Department of
Correction supervisor for any prisoner admitted for psychiatric treatment in
Bellevue or Elmhurst General Hospitals. In cases where the prisoner being
admitted for psychiatric treatment has an active warrant only and no arrest
number, forward copy of MEDICAL TREATMENT OF PRISONER
form and a physical copy of any active warrant(s).
a. Notify desk officer, command of arrest, if Department of Correction
refuses to take custody of prisoner.

NOTE If Department of Correction refuses to take custody of the prisoner, desk officer, command of
arrest, should consult with a supervisor from the appropriate Borough Court Section. Contact
information for each Borough Court Section can be found in the ADDITIONAL DATA
statement. It will be the responsibility of the Borough Court Section supervisor to resolve any
custody issues with the Department of Correction, Custody Management Unit.

BOROUGH 29. When notified by Department of Correction that a prisoner admitted to a


COURT prison ward is released to police custody, immediately notify desk officer,
SECTION command of arrest, to arrange for prisoner transport.

DESK 30. Make an entry in the Telephone Record when notified by Borough Court
OFFICER, Section that prisoner is being returned to police custody.
COMMAND OF a. Include identity of prisoner, location of prisoner, and
ARREST arrest/warrant information.
31. Arrange for an escorting officer to return to Department of Correction
prison ward and take custody of prisoner within four hours of receiving
notification from Borough Court Section.

NOTE Notwithstanding an emergency, when a prisoner lodged in a Department of Correction


prison ward is released to police custody prior to bedside arraignment, the command
concerned MUST take custody within four hours from notification by Department of
Correction. If the command concerned cannot take custody of the prisoner within four
hours, a notification must be made to the Borough Court Section supervisor, who will
coordinate response with the Department of Correction, Custody Management Unit.

ESCORTING 32. When prisoner is released to police custody, transport prisoner as follows:
OFFICER a. Return prisoner to command of arrest, if arrest processing is not
completed thereat
b. Remove prisoner to Borough Court Section facility, if arrest
processing was completed at command of arrest.
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ESCORTING (1) Confer with Borough Court Section supervisor prior to


OFFICER transporting a prisoner who is confined to a wheelchair or
(continued) otherwise mobility impaired, and be guided by his/her
direction regarding lodging and further processing.
33. Deliver completed MEDICAL TREATMENT OF PRISONER form to
desk officer, Borough Court Section facility.

DESK 34. Forward three copies of completed MEDICAL TREATMENT OF


OFFICER, PRISONER form (white, blue, and pink) with prisoner to Department of
BOROUGH Correction.
COURT a. Retain fourth (buff) copy of MEDICAL TREATMENT OF
SECTION PRISONER form at Borough Court Section facility.
35. Direct arresting/escorting officer to obtain receipt for prisoner on pink
copy of form and return to Borough Court Section facility.
a. Complete entries on buff copy of form retained at desk.
b. Return buff copy to arresting/escorting officer.
c. File pink copy of form at Borough Court Section facility.
d. Forward duplicated copy of MEDICAL TREATMENT OF
PRISONER form to arresting officer’s command for file, if
different than command of arrest.

ESCORTING 36. Deliver buff copy of MEDICAL TREATMENT OF PRISONER form


OFFICER to desk officer, command of arrest.

DESK 37. Ensure all data from buff copy of MEDICAL TREATMENT OF
OFFICER, PRISONER form is entered into “Medical Treatment of Prisoner”
COMMAND OF application within FORMS.
ARREST 38. Finalize all pending submissions within FORMS.

OPERATIONS 39. Ensure all MEDICAL TREATMENT OF PRISONER forms are


COORDINATOR, finalized within FORMS.
COMMAND OF 40. File buff copy of MEDICAL TREATMENT OF PRISONER form.
ARREST

ADDITIONAL PRISONER SECURITY


DATA
To prevent escape, leg restraints will be placed on ALL prisoners transported to a hospital for
medical treatment. If the desk officer determines that extenuating circumstances exist that
preclude placing leg restraints on a prisoner that is being transported to the hospital for
medical treatment, a Command Log entry will be made detailing the reasons why.

All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a
prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling.

Patrol supervisors and desk officers shall assign additional personnel to accompany arresting
officers who remove prisoners to hospitals for treatment, based on the following:
a. Type of offense (e.g., violent crime, resisting arrest)

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ADDITIONAL b. Physical size of prisoner


DATA c. Prisoner’s past history, if known (e.g., history of violence, escape attempts)
(continued) d. Suspected escape opportunity
e. Lack of physical signs of injury (e.g., faking injury to attempt escape).

In the event the prisoner must be placed in a hospital bed or on a gurney:


a. Handcuff prisoner (double locked) to the bed or gurney
b. Utilize second pair of handcuffs to handcuff prisoner’s free wrist to bed or
gurney, before removing first pair of handcuffs for treatment
c. Keep prisoner under constant observation, even if prisoner is handcuffed to a
hospital bed or gurney, to prevent escape at all times.

Supervisors may also consider the assignment of Emergency Service Unit for
extraordinary circumstances.

Patrol supervisors and desk officers shall direct that long chain handcuffs and leg
restraints be used if available and appropriate to secure prisoners.

LIFE-THREATENING MEDICAL SITUATIONS

IN ALL LIFE THREATENING SITUATIONS, APPARENT HEART ATTACK, BREATHING


DIFFICULTIES, SERIOUS FRACTURES, SEVERE HEMORRHAGING, EPILEPSY, EXTREME
EMOTIONAL DISTURBANCE, ETC., A PRISONER WILL BE REMOVED TO THE NEAREST
HOSPITAL.

SUSPECTED INGESTION OF NARCOTICS/OTHER DANGEROUS SUBSTANCES

When a uniformed member of the service observes or suspects that a prisoner has
ingested a narcotic or other dangerous substance, the prisoner will be transported from
the place of arrest DIRECTLY to the nearest hospital facility. The uniformed member of
the service WILL PROMPTLY notify the Communications Section dispatcher and the
patrol supervisor upon observation or suspicion of ingestion, when transport to hospital
is initiated, and upon arrival at the hospital. Emergency Medical Service (EMS) and
hospital personnel will be informed of the quantity and type of substance ingested, if
known. UNDER NO CIRCUMSTANCES will a prisoner who has ingested a narcotic or
other dangerous substance be transported to the command for arrest processing prior to
receiving medical treatment.

Whenever a member of the Criminal Justice Bureau assigned to a Borough Court


Section observes, suspects, is informed of, or otherwise becomes aware that a prisoner
in the custody of the Court Section may have ingested a narcotic and/or other dangerous
substance and has not already been treated by a doctor for that condition, the member
will immediately notify the Borough Court Section desk officer. The Borough Court
Section desk officer will make a Command Log entry and arrange for the immediate
removal of the prisoner to the nearest hospital emergency room. In those Borough
Court Sections where the Emergency Medical Service is situated, the Borough Court
Section desk officer will request the assistance of the assigned Emergency Medical
Technicians (EMT) regarding the prisoner’s medical treatment. However, in all cases
where ingestion is suspected, it is the responsibility of the supervisor to ensure that the
prisoner is removed to the nearest hospital emergency room for treatment.

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ADDITIONAL In all cases, the Borough Court Section desk officer will document the occurrence in the
DATA Command Log and direct the preparation of the MEDICAL TREATMENT OF
(continued) PRISONER form.

RELIEF OF ARRESTING OFFICER GUARDING HOSPITALIZED PRISONER

In addition, when a prisoner is transported directly from the place of arrest directly to a
hospital facility, the desk officer, precinct of arrest, will ensure that the arresting officer
is relieved as soon as possible to expedite arrest processing. The arresting officer will
comply with P.G. 210-02 “Hospitalized Prisoners” in regards to vouchering prisoner’s
property.

TREATMENT OF PRISONERS DETAINED IN DETENTION FACILITIES

When a prisoner who has been detained at a Borough Court Section or other detention
facility, but has not been arraigned, requires medical/psychiatric/drug addiction attention,
the Borough Court Section or command supervisor will ensure that the MEDICAL
TREATMENT OF PRISONER form is prepared and distributed, as indicated.

Whenever a member of the Criminal Justice Bureau assigned to a Borough Court


Section is informed of, or otherwise becomes aware that a prisoner in the custody of that
Court Section requires medical/psychiatric/drug addiction attention, that member will
immediately notify the Borough Court Section desk officer. The Borough Court Section
desk officer will make a Command Log entry and ensure that medical treatment is
provided. In Borough Court Sections where the Emergency Medical Service is situated,
the Borough Court Section desk officer will request the assistance of the assigned
Emergency Medical Technicians (EMT) regarding the prisoner’s medical treatment.
However, if it is determined that a prisoner requires medical attention at a hospital
emergency room, the supervisor is responsible to ensure that the prisoner is transported
immediately for treatment.

In all cases, the Borough Court Section desk officer will document the occurrence in the Command
Log and direct the preparation of a MEDICAL TREATMENT OF PRISONER form.

PRE-ARRAIGNMENT PRISONERS REQUIRING PRESCRIPTION MEDICATIONS

If, during the course of treating a pre-arraignment prisoner, a hospital physician or


his/her health care assistant indicates the need for information concerning invoiced
medication belonging to the prisoner, the individual will be given the appropriate
PROPERTY CLERK INVOICE (PD521-141) number. Furthermore, such individuals
will be advised on how to contact the desk officer in the NYPD facility where the
medication is invoiced. Desk officers receiving telephone inquiries of this nature are
authorized to provide the name of the medication. If the hospital physician, after learning
the name of the medication, advises the desk officer that the medication is not available at
the hospital and requests that the medication be delivered to the hospital, the desk officer
shall comply with the request. In this instance, the desk officer shall:
a. Check the name of the medication against the PROPERTY CLERK INVOICE,
as appropriate

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ADDITIONAL b. Complete the “R.T.O.” function utilizing the Property and Evidence Tracking
DATA System. Sign rank and name and include pertinent details under “Remarks”
(continued) section including name of physician, hospital, and name of uniformed member
assigned to deliver medication
c. Release medication to uniformed member assigned to make delivery
d. Make appropriate Command Log entry with all pertinent details.

The member assigned to deliver the medication to the authorized physician shall
indicate receipt thereof by requesting the physician to sign the member’s ACTIVITY
LOG. If the physician refuses to sign, the uniformed member of the service concerned
will note such fact in his/her ACTIVITY LOG, making sure to include the full title and
name of the person refusing and all details involved. In the event that any medication is
returned to the command, it will have to be invoiced again pursuant to this procedure.

If a physician at a hospital provides a pre-arraignment prisoner with medication to be


taken by the prisoner during the pre-arraignment period, the uniformed member
accompanying the prisoner will take custody of the medication until the member reaches
the court section for processing. At this location the medication will be given to the
available emergency medical technician (EMT) to hold until the prisoner needs to self-
administer it. If a pre-arraignment prisoner needs further medication during the period
of pre-arraignment detention in any form that is not authorized to be administered by an
EMT, he or she will be taken to a hospital for that medication.

Prepare MEDICAL TREATMENT OF PRISONER form when a properly identified


relative or member of the prisoner’s household appears at any Department facility where
the pre-arraignment prisoner is located and:
a. indicates that the prisoner has a medical condition or needs medication,
AND/OR
b. brings medication in a pharmacy container with the prisoner’s name.

The uniformed member preparing the form will ensure that all pertinent information is
entered in the appropriate captions and in the “Remarks” section, including the name,
address, and telephone number of the relative or household member, name of
medication(s), nature of medical condition(s), and the name, address, and telephone
numbers of the pharmacy and any physician noted on the label of any pharmacy container.

If as described above a properly identified relative or member of the prisoner’s


household appears at a Department facility and the pre-arraignment prisoner in
question is not being detained there, the uniformed member of the service (UMOS)
concerned will determine if the prisoner is still in Department custody. If so, the UMOS
will ascertain the location and inform his/her supervisor. This supervisor will in turn
contact the desk officer/supervisor at the Department facility where the prisoner is being
held. Both the supervisor making the notification and the desk officer/supervisor
receiving it will make respective command log entries. The entries will include the time
of notification, the prisoner’s name, and the name of the desk officer/supervisor
receiving/making the notification. In addition, the desk officer/supervisor at the lodging
facility receiving information relating to the prisoner’s need for prescription medication
shall prepare a MEDICAL TREATMENT OF PRISONER form.

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ADDITIONAL Uniformed members of the service will not be required to accept medication from
DATA relatives or household members for the purpose of providing it to the prisoner.
(continued)
Uniformed members of the service will not be required to invoice prisoner medications
brought to the command by relatives or household members.

PREPARATION OF MEDICAL TREATMENT OF PRISONER FORM

In the event that a prisoner has prescription medications in his/her possession, such will
be invoiced as required in P.G. 208-03, “Arrests - General Processing.” In addition,
with respect to any such medications, ensure that all appropriate captions on the
MEDICAL TREATMENT OF PRISONER form are properly filled out. Information
listed on the pharmacy label of a prisoner’s prescription container, which may include
the name, address, and telephone number of the pharmacy/physician concerned, will be
recorded in the appropriate captions and in the “Remarks” section of the form.

Ensure that the “Remarks” section also contains any specific instructions from Emergency
Medical Service (EMS) staff regarding the care of the prisoner, and/or if EMS staff
brought the prisoner to a hospital room for further treatment. The appropriate check off
boxes will be used to document that a prisoner has refused medical aid.

The Ambulance Call Report (ACR) number or Patient Care Report (PCR) number
related to the prisoner will be entered in the appropriate caption in Section I of the
MEDICAL TREATMENT OF PRISONER form. An ACR number is assigned when a
prisoner is transported to hospital via ambulance; a PCR number, in contrast, is
assigned when a prisoner is transported to a hospital by any other means, e.g., RMP.

In any instance where either a prisoner, attending physician, or hospital staff member,
refuses to complete or sign in the designated caption(s) on the MEDICAL
TREATMENT OF PRISONER form, the uniformed member of the service concerned
will note such fact on both the form and in his/her ACTIVITY LOG, making sure to
include the full title and name of the person refusing and all details involved.

The Health and Hospitals Corporation (HHC) is entitled to a copy of the MEDICAL
TREATMENT OF PRISONER form. Therefore upon completion of the treatment of
the prisoner, the uniformed member of the service concerned will allow hospital
personnel to photocopy this form.

A copy of MEDICAL TREATMENT OF PRISONER form MUST accompany the


prisoner until his/her custody is no longer the responsibility of this Department.

When a prisoner dies, is seriously injured in connection with a police action, or sustains
an injury resulting from a police firearms discharge, the uniformed member of the
service will immediately request the response of the patrol supervisor, safeguard the
possible crime scene and provide and/or secure appropriate medical attention for the
injured prisoner. The patrol supervisor will respond to the scene and comply with P.G.
221-05, “Person Dies or Sustains a Serious Injury and is Likely to Die in Police Custody
or in Connection With Police Action.”

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210-04 09/10/18 10 of 10

ADDITIONAL BOROUGH COURT SECTION/HOSPITAL PRISON WARD TELEPHONE NUMBERS


DATA
(continued) Borough Court Sections may be contacted 24 hours a day, 7 days a week at the following
telephone numbers:
Manhattan Court Section (212) 374-2801/0722
Brooklyn Court Section (718) 834-5368/5369
Bronx Court Section (718) 590-1845/3830
Queens Court Section (718) 268-5299/4899
Staten Island Court Section (718) 876-8541

Department of Correction prison wards may be contacted 24 hours a day, 7 days a week
at the following telephone numbers:
Bellevue Hospital Prison Ward (212) 562-6083
Elmhurst Hospital Prison Ward (718) 334-2106

RELATED Arrests - General Processing (P.G. 208-03)


PROCEDURES Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30)
Hospitalized Prisoners (P.G. 210-02)
Bedside Arraignment (P.G. 210-05)
Mentally Ill or Emotionally Disturbed Persons (P.G. 221-13)
Person Dies or Sustains a Serious Injury and is Likely to Die in Police Custody or in
Connection With Police Action (P.G. 221-05)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150)
ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
PROPERTY CLERK INVOICE (PD521-141)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-05

BEDSIDE ARRAIGNMENT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/29/18 03/29/18 1 of 3

PURPOSE To reduce manpower required to guard prisoners confined in hospitals.


DEFINITION PRISON WARD - a hospital ward under the jurisdiction of the Department of
Correction.

PROCEDURE When a prisoner not eligible for a DESK APPEARANCE TICKET (PD260-121),
is admitted to a hospital prior to arraignment, comply with P.G. 210-02,
“Hospitalized Prisoners,” and, in addition:

DESK OFFICER, 1. Have arresting officer report to the precinct of arrest or other designated
PRECINCT OF arrest processing facility and have court affidavit prepared.
ARREST

ARRESTING 2. Instruct civilian complainant to appear at the precinct of arrest, designated


OFFICER arrest processing facility, or Criminal Court on scheduled return date, as
appropriate, if Supporting Deposition is not prepared.

DESK OFFICER, 3. Upon completion and signing of court affidavit by arresting officer, notify
PRECINCT OF borough court section supervisor concerned that the court affidavit has been
ARREST completed and request a bedside arraignment for hospitalized prisoner.
a. Enter notification in Telephone Record.

BOROUGH 4. Have completed arrest package delivered to Court Clerk for docketing.
COURT
SECTION
SUPERVISOR
CONCERNED
DESK 5. Prepare BEDSIDE ARRAIGNMENT WORKSHEET (PD244-1411).
OFFICER, 6. Ensure that a copy of all completed arrest related paperwork is kept in a
PRECINCT OF folder at the desk, including:
DETENTION a. ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-159)
b. Prisoner Movement Slip
c. BEDSIDE ARRAIGNMENT WORKSHEET.
7. Have copy of ON LINE BOOKING SYSTEM ARREST
WORKSHEET and fingerprint/palmprint charts, (if required), delivered to
guarding officer (see P.G. 210-02, “Hospitalized Prisoners”).
8. Assign uniformed member of the service to fingerprint/palmprint prisoner, if
required.
a. Obtain assistance from Identification Section, if fingerprints/palmprints
cannot be obtained by normal means.
9. Contact hospital administrator and determine how long prisoner will be
confined for treatment.
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NOTE If hospital denies permission to fingerprint/palmprint, photograph or arraign prisoner due to


prisoner’s physical condition, ascertain earliest date when the prisoner can be processed.

GUARDING 10. Notify desk officer, precinct of detention, when fingerprints/palmprints have
MEMBER been taken.
11. Ask prisoner if he/she wants legal assistance and/or an interpreter and
notify desk officer, precinct of detention, of results.

DESK 12. Record information concerning fingerprinting, request for legal assistance
OFFICER, and/or interpreter on BEDSIDE ARRAIGNMENT WORKSHEET.
PRECINCT OF 13. Direct precinct messenger to deliver completed fingerprint/palmprint charts to the
DETENTION borough court section supervisor concerned, if necessary.
14. Request Photographic Unit to photograph prisoner.
a. Furnish Photographic Unit with information listed on BEDSIDE
ARRAIGNMENT WORKSHEET.
GUARDING 15. Notify desk officer, precinct of detention, when prisoner has been
MEMBER photographed.
16. After arraignment, notify desk officer, precinct of detention, with the
following information:
a. Judge’s name
b. Arraignment date
c. Disposition of arraignment
DESK 17. Record arraignment information on BEDSIDE ARRAIGNMENT
OFFICER, WORKSHEET and in Telephone Record.
PRECINCT OF 18. Reassign guarding officer if prisoner is released from custody or posts bond.
DETENTION
NOTE Bail may be posted at the borough criminal court concerned, not at the stationhouse,
precinct of detention. After bail is posted, the Bail Receipt will be delivered to the desk
officer, precinct of detention.

GUARDING 19. Obtain copy of Court Commitment order from the court officials, if
MEMBER prisoner is held on bail or remanded.
20. Contact hospital liaison and inquire about arrangements made for transfer
of prisoner to Department of Correction.
21. Notify desk officer, precinct of detention, of transfer arrangements.
22. Deliver prisoner and Court Commitment order to the Department of Correction
officer at hospital.
23. Sign Department of Correction form “Prisoner Ward Record” as a receipt
for prisoner.
24. Make appropriate entries in ACTIVITY LOG (PD112-145) and include
prisoner’s name, arrest number, correction officer’s name and shield number.
a. Ensure ACTIVITY LOG entries correspond with entries made
by correction personnel under “Valuables Received” on Prisoner
Ward Record.
b. Report any discrepancy to desk officer, precinct of detention.
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DESK 25. Notify borough court section concerned when:


OFFICER, a. Prisoner has been transferred.
PRECINCT OF b. Bedside arraignment is delayed in excess of six or more days.
DETENTION c. Any problem arises which cannot be resolved by detention
precinct personnel.
26. Upon completion of arraignment, have folder containing arrest related
paperwork filed at precinct of detention.

BOROUGH 27. Coordinate the procedural steps involved in bedside arraignments.


COURT 28. Establish communication with agencies and hospitals that may be
SECTION involved in bedside arraignments.
SUPERVISOR 29. Maintain a file containing the telephone number(s) of individuals to be
contacted when arranging for bedside arraignments.

ADDITIONAL When a prisoner is released from a hospital prior to arraignment, the guarding member
DATA will obtain a signed medical release from the attending physician and escort the
prisoner, rear cuffed, to court for arraignment. The uniformed member concerned will
deliver the medical release to the borough court section supervisor. If a complaint has
been previously prepared, borough court section personnel will retrieve and deliver the
complaint to the court clerk for docketing.

When a Certificate of Release is presented for an arraigned and hospitalized prisoner


stating that bail has been posted, the guarding member will notify the desk officer,
precinct of detention, who will make appropriate entries on the BEDSIDE
ARRAIGNMENT WORKSHEET and ON LINE BOOKING SYSTEM ARREST
WORKSHEET. The Certificate of Release will be attached to the ON LINE
BOOKING SYSTEM ARREST WORKSHEET and the borough court section
supervisor will be notified.

RELATED Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04)


PROCEDURES Hospitalized Prisoners (P.G. 210-02)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS BEDSIDE ARRAIGNMENT WORKSHEET (PD244-1411)
DESK APPEARANCE TICKET (PD260-121)
OFFICIAL LETTERHEAD (PD158-151)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-06

PRISONERS' MEALS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide meals for detained prisoners.

DEFINITION MEAL HOURS - between 0500-0600, 1200-1300, and 1800-1900 hours.

PROCEDURE When a prisoner is confined in a detention cell:

POLICE 1. Determine number of meals required and notify desk officer.


ATTENDANT a. Hot liquids (coffee, tea, hot chocolate, etc.), will not be provided
with a prisoner’s meal.

NOTE Meals must be provided by this Department to prisoners:


a. With funds who want to purchase own meal
b. With funds who want meals supplied by this Department
c. Without funds.

DESK OFFICER 2. Telephone restaurant, order required number of meals and obtain cost.
a. Cost to Department may not exceed $1.80 per meal, per prisoner.
3. Prepare and sign PRISONER MEAL VOUCHER (PD144-051).
a. Prepare separate PRISONER MEAL VOUCHER for each meal
period.
4. Issue vendor his/her copy of PRISONER MEAL VOUCHER when
meal is delivered to precinct or picked up at restaurant.
5. Direct attendant to enter cost of meal provided each prisoner on
PRISONER ROSTER (PD244-145).
a. If prisoner obtains food with own funds or refuses meal, entry
must be made on PRISONER ROSTER and in Command Log.
6. Submit remaining copies of PRISONER MEAL VOUCHER to
Operations Coordinator.

OPERATIONS 7. Prepare separate EXPENSE REPORT (PD102-061) set at end of month


COORDINATOR for each restaurant from which meals were obtained.
a. List the name and address of the vendor, the period covered and
the total amount due the restaurant.
8. Submit EXPENSE REPORT sets and PRISONER MEAL
VOUCHERS to commanding officer.
COMMANDING 9. Certify each EXPENSE REPORT set and forward original and first
OFFICER copy with original copies of related PRISONER MEAL VOUCHERS
to Audits and Accounts Unit by the 15th of each month.
10. File remaining copy of EXPENSE REPORT with related copy of
PRISONER MEAL VOUCHERS attached.

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210-06 08/01/13 2 of 2

ADDITIONAL When medical or other unusual conditions exist, a desk officer may authorize additional
DATA prisoner meals or meals at other than designated hours. A Command Log entry
explaining the circumstances will be made. If a prisoner, who has missed the designated
meal period due to arrest processing or any other reason requests to be fed, the desk
officer will authorize such meal.

FORMS AND EXPENSE REPORT (PD102-061)


REPORTS PRISONER MEAL VOUCHER (PD144-051)
PRISONER ROSTER (PD244-145)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-07

PRISONERS – UNUSUAL OCCURRENCE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/04/19 01/04/19 1 of 2

PURPOSE To make notifications and investigate certain unusual occurrences related to prisoners.

DEFINITION UNUSUAL OCCURRENCE – With regard to prisoners, means that a prisoner in


the custody of this Department, or an unarraigned prisoner in the custody of the
New York City Department of Correction:
a. Assaults a member of the service, or
b. Escapes or attempts to escape, or
c. Is sexually assaulted or sexually harassed or alleges that they were sexually
assaulted or sexually harassed by another prisoner or any other person, or
d. Is involved in any other occurrence of an unusual nature.

PROCEDURE When an adult prisoner or a juvenile under 17 in custody is involved in an


unusual occurrence:

DESK OFFICER 1. Notify commanding officer/duty captain.


2. Notify Operations Unit, including:
a. Name and sex of prisoner or child in custody
b. Charge for which prisoner or child in custody is held.
3. Notify Internal Affairs Bureau Command Center if prisoner escapes or
attempts to escape.

COMMANDING 4. Conduct investigation of incident.


OFFICER/ 5. Prepare a report on Typed Letterhead.
DUTY 6. Forward three copies of report in all adult prisoner cases, one copy of report
CAPTAIN for child in custody, and two copies of report if child in custody dies, to
Chief of Department, DIRECT.
7. Forward one additional copy of report to each of the following:
a. Chief of Patrol (DIRECT)
b. Deputy Commissioner, Internal Affairs
c. Deputy Commissioner, Training
d. Commanding Officer, Office of Management Analysis and Planning
e. Commanding Officer, Criminal Justice Bureau
f. Commanding Officer, Performance Monitoring Analysis Unit
g. Each intermediate command
h. Commanding officer of member of the service concerned, if
member not assigned to reporting command.

NOTE If prisoner sustains a physical injury while in custody or attempts suicide, comply with P.G. 221-
03, “Reporting and Investigation of Force Incident or Injury to Persons During Police Action.”
If the prisoner dies or is likely to die, comply with P.G. 221-05, “Person Dies or Sustains a
Serious Injury and Is Likely to Die in Police Custody or in Connection With Police Action.”

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

210-07 01/04/19 2 of 2

RELATED Reporting and Investigation of Force Incident or Injury to Persons During Police Action (P.G. 221-03)
PROCEDURES Person Dies or Sustains a Serious Injury and Is Likely to Die in Police Custody or in Connection
With Police Action (P.G. 221-05)
Hospitalized Prisoners (P.G. 210-02)
Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04)

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-08

GUIDELINES FOR PRISONER HOLDING PENS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/01/18 10/01/18 1 of 3

PURPOSE To ensure the integrity, control, and humane treatment of prisoners lodged in
command/detective squad holding pens.

PROCEDURE Upon lodging a prisoner temporarily in a command/detective squad holding pen:

DESK 1. Utilize Department form PRISONER HOLDING PEN ROSTER (PD244-


OFFICER/ 1410) to maintain a record of prisoners lodged in holding pens (cages).
DETECTIVE a. Maintain a copy of the PRISONER HOLDING PEN ROSTER
SQUAD at the desk and detective squad office, as appropriate.
SUPERVISOR b. File completed forms at the end of every twenty-four hour period
at the desk and detective squad office, as appropriate.
2. Designate a member of the service to specifically inspect and check
condition of prisoners every thirty minutes.
a. Do not leave prisoners unattended.
3. Have assigned member enter results of inspection and action taken under
the appropriate captions on PRISONER HOLDING PEN ROSTER.
4. Assign a supervisor to personally and periodically inspect prisoners
lodged in holding pens and have supervisor enter results of inspection
under appropriate captions on PRISONER HOLDING PEN ROSTER.
5. Make certain the following additional guidelines are complied with:
a. Maximum period of detention for prisoners being held in holding
pens will usually be three hours. If circumstances dictate a person
be held for a longer period, such period must be approved by the
desk officer for command holding pens or detective squad
supervisor for detective squad holding pens. If a detective squad
supervisor is not available, the extension period must be approved
by the command desk officer. The reason for any time extension
must be documented in the Command Log.
b. Prisoners who appear to be ill, intoxicated, or emotionally
disturbed shall not be detained in holding pens. If appropriate,
P.G. 210-04 “Prisoners Requiring Medical/Psychiatric
Treatment” will be complied with.
c. At no time should more prisoners than can be reasonably
accommodated be put in a holding pen. The amount of time a prisoner
will be detained in the holding pen must be taken into consideration
when determining what is a reasonable accommodation.
d. Before being placed in a holding pen, the clothing and person of
each prisoner must be thoroughly searched. Generally, a female
prisoner will only be searched by a female police attendant or
female uniformed member of the service (see P.G. 208-05,
“Arrests – General Search Guidelines”).
e. Inform prisoner wearing a religious head covering that it must be
searched.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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210-08 10/01/18 2 of 3

DESK (1) Advise prisoner search may be conducted in private, if


OFFICER/ he/she prefers.
DETECTIVE (2) Comply with P.G. 221-13, “Mentally Ill or Emotionally
SQUAD Disturbed Persons,” if prisoner refuses to remove religious
SUPERVISOR head covering for search.
(continued) (3) Allow prisoner to wear religious head covering after it has
been searched for weapons and contraband.
(4) A religious head covering will not be routinely removed, unlike
outer garments that are removed (e.g., belts, neckties, shoelaces,
drawstrings, etc.), unless there is an articulable reason to believe it
is likely to be dangerous to life, is likely to facilitate escape, or is
likely to be used to damage Department property.
(5) If a religious head covering is removed due to
safety/security concerns, the desk officer will make a
Command Log entry indicating the reason.
(6) If removed, a religious head covering will be stored
temporarily where it will not be accessible to the prisoner.
f. Belts, neckties, shoelaces, drawstrings, jackets, overcoats, or other
similar outer garments that could be used to attempt/commit suicide
or assault another shall be removed and stored temporarily where
they will not be accessible to the prisoner.
g. At no time detain male and female prisoners in the same holding pen.
Refer to P.G. 210-17, “Arrest Processing of Pre-Arraignment Prisoners
Designated as ‘Special Category’ ” and/or P.G. 203-10, “Public Contact
– Prohibited Conduct,” subdivision “a” following step “1”, regarding
gender, if necessary.
h. At no time detain adult and juvenile prisoners in the same holding pen.
Juveniles must be held in the command’s designated juvenile area.
(1) Juveniles classified as adolescent offenders may be
detained in the command’s designated juvenile area. If the
safety of the adolescent offender or other juvenile
prisoners would be jeopardized by placement in the
designated juvenile area, an adolescent offender may be
detained in adult holding pens, provided no adult prisoners
are present.
i. If a prisoner is placed in a cell alone because he/she threatens or
fights with another prisoner(s), is causing disruption, or for any
other reason, ensure that a member of the service will continue to
monitor that prisoner closely.
ADDITIONAL PRISONER CONFLICTS
DATA
Whenever an arresting officer/investigator becomes aware that there is the need to separate
two or more defendants from one another due to threats made by one defendant to another, or
due to the potential for one defendant to assault another, a notation will be made at the bottom
of each defendant’s Prisoner Movement Slip in the “Detention Alert” section under the
caption “Other (Explain).” The notation must contain the name and arrest number of the
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
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210-08 10/01/18 3 of 3

ADDITIONAL other defendant involved, as well as an indication as to why separation is deemed necessary
DATA (e.g., prisoner had a fight with the other prisoner; prisoner was threatened by other prisoner,
(continued) etc.). If separation is required for confidential or sensitive reasons, such as one prisoner
testified against another, enter the name and telephone number of the arresting
officer/assigned investigator so that further information can be obtained if necessary, rather
than entering the actual reason for the separation. (If detention personnel are unable to
contact the arresting officer/assigned investigator for further information, they will continue to
keep the affected prisoners separated from one another).

In the event that an arrest processing officer or escorting officer becomes aware that a
conflict exists between prisoners requiring their separation, the officer must:
a. Inform the arresting officer/assigned investigator of the circumstances in order
that the latter may make entries on the Prisoner Movement Slips, OR
b. Personally make entries on the Prisoner Movement Slips which must then be
brought to the attention of the Court Section personnel for entry on the
courthouse generated movement slips.

The information entered on the Prisoner Movement Slip prepared at the command must also be
entered on the computerized movement slip generated at the courthouse when the prisoner is
photographed. In addition to the notation on the movement slip, the arresting officer/assigned
investigator/escorting officer will notify the concerned borough court section supervisor.

Members of the service assigned to prisoner detention functions at the command and at the
courthouse must examine and be guided by the information contained in the “Detention
Alert” caption on each Prisoner Movement Slip in regard to separating prisoners. etc.

RELATED Prisoners General Procedure (P.G. 210-01)


PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04)
Prisoners - Unusual Occurrence (P.G. 210-07)
Mentally Ill or Emotionally Disturbed Persons (P.G. 221-13)

FORMS AND PRISONER HOLDING PEN ROSTER (PD244-1410)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-09

BAIL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4

PURPOSE To release prisoners on bail prior to court arraignment.

DEFINITIONS PRE-ARRAIGNMENT BAIL - a sum of United States currency posted by a surety


at the time of arrest, to secure the defendant’s appearance for court arraignment.

SURETY - the person or prisoner who offers money for bail.

PROCEDURE To require a prisoner, who has been approved for a Desk Appearance Ticket
pursuant to P.G. 208-27, “Desk Appearance Ticket - General Procedure,” to
post pre-arraignment bail to secure his/her attendance in court:

NOTE The Criminal Procedure Law permits the issuance and service of an appearance ticket
to be conditioned upon the posting of a sum of money, known as pre-arraignment bail.
This money will be forfeited by the defendant should the defendant fail to comply with
the directions of the appearance ticket.

DESK OFFICER 1. Comply with P.G. 208-27, “Desk Appearance Ticket - General
Procedure” and 208-02, “Arrests - Removal to Department Facility for
Processing.”
2. Determine if the charge is one for which bail may be accepted as follows:
CHARGE BAIL
 Family Court warrant  Yes, between 1400 and 0800, if court is not in
session
 Superior Court warrant of arrest  NO
 Criminal Court warrant of arrest  NO
 Bench warrant  NO
 Order of Protection  NO
 Violation of parole  NO
 Violation of probation  NO
 Material witness  NO
 Fugitive from justice  NO
 Violation of federal law  NO
 Any offense involving members of the same  NO
Family/Household-Expanded Definition
 Any crime against a child less than eighteen  NO
 Felony  NO
 Violation  YES

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

210-09 03/18/19 2 of 4

 Misdemeanor  YES, (where eligible for a Desk Appearance


Ticket pursuant to P.G. 208-27 EXCEPT,
prisoners charged with the misdemeanors
listed below may not be bailed after
fingerprints have been processed by NYSIIS
and the report lists previous convictions, as
described below, which would raise the
misdemeanor to a felony:

CURRENT CHARGE PREVIOUS CONVICTION


 Aggravated Harassment, 2nd Degree (P.L.  Same offense or 240.31, P.L., within ten years
240.30, [3])
 Article 17 - Election Law  Any crime in Art. 17-Election Law
 nd
Auto Stripping, 2 Degree  Same offense, OR repealed subdivision 8,
Section 1224, VTL within five years
 Avoidance of Cigarette Tax (A.C. 11-1317)  Two for same offense
 Avoidance of Cigarette Tax (New York State  Two for same offense
Tax Law 481)
 Cigarette Tax (A.C. 11-4012, [a], [1])  Two for same offense
 nd
Computer Tampering, 2 Degree (P.L. 156.20)  Any crime under Article 156, or Section 165, (10)
P.L.
 Criminal Possession Weapon, 4th Degree (P.L.  Any crime
265.01, [1], [2], [3], [5])
 Criminally Using Drug Paraphernalia, 2nd  Same offense
Degree (P.L. 220.50)
 Falsely Reporting an Incident, 2nd Degree (P.L.  Same offense
240.55)
 Illicit Alcoholic Beverages (A.B.C. Law 152 or 154)  Same offense
 rd
Obscenity, 3 Degree (P.L. 235.05)  Same offense
 Sale or purchase of Stolen, False, or Fraudulent  Same offense with ten years
License, Certificate of Registration, or Number
Plate (V.T.L. 392a)
 Transporting Hazardous Materials (V.T.L. 380)  Two for same offense
 Unauthorized Use of Vehicle, 3rd Degree (P.L.  P.L. 165.05, subdivision 1, OR P.L. 165.06
165.05) within ten years
NOTE A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1),
(2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse
bail, unless such prisoner is hospitalized for more than twenty-four hours. Such prisoner may
be issued a DESK APPEARANCE TICKET, if eligible, whether or not he submitted to a
chemical test. However, under no circumstances will a prisoner charged with violation of
Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK
APPEARANCE TICKET if he/she has caused serious physical injury or death to another.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

210-09 03/18/19 3 of 4

DESK OFFICER 3. Conduct warrant check in accordance with P.G. 208-22, “Performing
(continued) Local, State and Federal Warrant Checks.”
a. Comply with P.G. 208-23, “Computerized Investigation Card
System,” if an INVESTIGATION CARD has been assigned.
4. Set the amount of bail (CASH ONLY) as follows:
a. For each Class A misdemeanor $500
b. For each Class B misdemeanor $250
c. For each unclassified misdemeanor $250
d. For each violation $100
e. For a Family Court warrant Amount stated on warrant
5. Have surety swear an oath of ownership of the bail money.
6. Prepare and sign BAIL RECEIPT (PD209-011).
7. Have surety sign all copies of BAIL RECEIPT.
8. Give surety white copy of BAIL RECEIPT.
9. Instruct surety concerning return of bail as follows:
a. Appear at court arraignment of defendant and present copy of
BAIL RECEIPT and proof of identity, or
b. After court arraignment, personally present copy of BAIL RECEIPT
and proof of identity at the borough Property Clerk’s Office.
10. Prepare DESK APPEARANCE TICKET (PD260-121) and give to defendant.
11. Direct that two front view (head and shoulder) photos be taken of
prisoner.
a. Ensure that back of photos are stamped and captions completed.
12. Release prisoner.
13. Make notation in Box 11, “Narrative,” of ON LINE BOOKING SYSTEM
ARREST WORKSHEET (PD244-159) that prisoner has been bailed.
14. Place bail money in Property Clerk envelope and print on face:
a. “CASH BAIL”
b. Precinct
c. Arrest number
d. Defendant’s name
e. Surety’s name, if other than defendant.
15. Seal envelope and sign across flap.
16. Attach three copies (yellow, pink, and blue) of BAIL RECEIPT.
17. Designate a messenger to deliver bail to borough Property Clerk’s office.
a. If borough Property Clerk’s office is closed, bail will be delivered
next business day.
18. Have messenger sign for bail in the Property Receipt Book.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

210-09 03/18/19 4 of 4

MESSENGER 19. Deliver bail and BAIL RECEIPTS to borough Property Clerk’s Office
and obtain receipt on blue copy of BAIL RECEIPT.
20. Deliver receipted copy of BAIL RECEIPT to desk officer.

DESK OFFICER 21. File receipted blue copy of BAIL RECEIPT with file copy of ON LINE
BOOKING SYSTEM ARREST WORKSHEET.
22. Give green copy of BAIL RECEIPT to arresting/assigned officer.

ADDITIONAL When prisoner is released on bail, the desk officer of command/borough court section facility
DATA where bail has been posted, will notify the arresting/assigned officer and include, the time, date,
court of arraignment, location of bail money and that he/she must deliver the bail to court. In
addition, the desk officer will notify the borough court section supervisor concerned, where the
bail money is located and the name of the officer and defendant. If defendant released from other
than the precinct of arrest, the desk officer, command of arrest, will be notified for appropriate
entry on the ON LINE BOOKING SYSTEM ARREST WORKSHEET.

RELATED Computerized Investigation Card System (P.G. 208-23)


PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27)
Arrests - Removal to Department Facility for Processing (P.G. 208-02)
Performing Local, State and Federal Warrant Checks (P.G. 208-22)
Delivery of Bail Money to Court From Stationhouse (P.G. 210-10)
Delivery of Bail Money to Court From Property Clerk (P.G. 210-11)

FORMS AND BAIL RECEIPT (PD209-011)


REPORTS DESK APPEARANCE TICKET (PD260-121)
INVESTIGATION CARD (PD373-163)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159))

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-10

DELIVERY OF BAIL MONEY TO COURT FROM STATIONHOUSE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To deliver bail to court on date of arraignment.


PROCEDURE On date of arraignment, if cash bail has not been forwarded to borough Property
Clerk’s office:
ARRESTING/ 1. Obtain bail and three copies (pink, yellow and blue) of BAIL RECEIPT
ASSIGNED (PD209-011) from desk officer.
OFFICER 2. Sign for bail in the Property Receipt Book.
3. Appear at the defendant’s arraignment and if defendant and surety are
present:
a. Examine surety’s copy of BAIL RECEIPT and establish surety’s
identity.
b. Have surety sign receipt for cash bail, on reverse side of pink copy
of BAIL RECEIPT, and return money to surety
c. Deliver receipted pink copy of BAIL RECEIPT to the desk officer
d. Destroy blue copy of BAIL RECEIPT.
4. Comply with the following if the defendant is present but surety is not:
a. Immediately after arraignment, deliver bail and pink copy of
BAIL RECEIPT to borough Property Clerk’s office
b. Inform member of the service at Property Clerk’s office that
defendant did appear at arraignment
c. Obtain receipt from Property Clerk’s office on the blue copy of
BAIL RECEIPT
d. Deliver receipted copy of BAIL RECEIPT to desk officer.
5. Comply with the following if defendant does not appear and bail is forfeited:
a. Give bail to court clerk and have him sign on reverse of pink copy
of BAIL RECEIPT
b. Deliver receipted copy of BAIL RECEIPT to desk officer
c. Destroy blue copy of BAIL RECEIPT.
DESK OFFICER 6. File receipted copy of BAIL RECEIPT with file copy of ON LINE
BOOKING SYSTEM ARREST WORKSHEET (PD244-159).
7. Give green copy of BAIL RECEIPT to arresting/assigned officer.
ADDITIONAL The Borough court section supervisor will ascertain that the arresting/assigned officer
DATA has obtained the bail if defendant had been released on bail. If the arresting/assigned
officer has not obtained bail, he/she will be directed to location where bail is located to
pick up and deliver the bail to court.
RELATED Desk Appearance Ticket - General Procedure (P.G. 208-27)
PROCEDURES Bail (P.G. 210-09)
Delivery of Bail Money to Court From Property Clerk (P.G. 210-11)
FORMS AND BAIL RECEIPT (PD209-011)
REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-11

DELIVERY OF BAIL MONEY TO COURT FROM PROPERTY CLERK


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To deliver bail to court on date of arraignment.

PROCEDURE On date of arraignment, if cash bail has been forwarded to borough Property
Clerk’s office:

ARRESTING/ 1. Pick up bail and pink copy of BAIL RECEIPT (PD209-011) at borough
ASSIGNED Property Clerk’s office.
OFFICER a. Receipt for the bail on yellow copy of BAIL RECEIPT.
2. Appear at the defendant’s arraignment at court and if defendant and
surety are present:
a. Examine surety’s copy of BAIL RECEIPT and establish surety’s
identity
b. Have surety sign receipt for cash bail, on reverse side of pink copy
of BAIL RECEIPT, and return bail money to surety
c. Deliver receipted pink copy of BAIL RECEIPT to Property
Clerk’s office, immediately after court appearance
d. Obtain yellow copy of BAIL RECEIPT from Property Clerk’s
office and retain as receipt.
3. Comply with the following if the defendant is present but surety is not:
a. Immediately after court appearance, return bail and BAIL
RECEIPT to borough Property Clerk’s office
b. Inform member of the service at Property Clerk’s office that
defendant did appear at arraignment
c. Obtain yellow copy of BAIL RECEIPT from Property Clerk’s
office and retain as receipt.
4. Comply with the following if defendant does not appear and bail is forfeited:
a. Give bail to court clerk and have him sign on reverse of pink copy
of BAIL RECEIPT
b. Deliver receipted copy of BAIL RECEIPT to Property Clerk’s
office, immediately after the court appearance
c. Obtain yellow copy of BAIL RECEIPT from Property Clerk’s
office and retain as receipt.

ADDITIONAL Borough court section supervisor will ascertain that the arresting/assigned officer has
DATA obtained the bail if defendant has been released on bail. If the arresting/assigned officer
has not obtained the bail, he/she will be directed to location where bail is located to pick
up and deliver the bail to court.
RELATED Desk Appearance Ticket - General Procedure (P.G. 208-27)
PROCEDURES Bail (P.G. 210-09)
Delivery of Bail Money to Court From Stationhouse (P.G. 210-10)
FORMS AND BAIL RECEIPT (PD209-011)
REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-12

PROCESSING PRISONER WHEN BAIL


APPLICATION MADE TO JUDGE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To process a prisoner, not eligible for pre-arraignment bail, who may be admitted
to bail by a judge or justice.

PROCEDURE Upon receiving information that an application for bail will be made to a judge or
justice for a prisoner in custody:

DESK OFFICER 1. Expedite the forwarding of the prisoner’s fingerprints.


2. Prepare CERTIFICATION OF CHARGES AGAINST PRISONER
(PD244-062).
3. Send messenger to Fax Terminal with the CERTIFICATION OF
CHARGES AGAINST PRISONER with instructions to:
a. Obtain a copy of the prisoner’s rap sheet from NYSIIS, and attach it
to CERTIFICATION OF CHARGES AGAINST PRISONER,
and
b. Deliver them to the judicial authority concerned.
4. Have prisoner photographed.
5. Upon receipt of written notice from the judicial authority, inform prisoner
of time and location to appear for arraignment and release prisoner.
6. Enter facts of release on ON LINE BOOKING SYSTEM ARREST
WORKSHEET (PD244-159) and file the written notice with ON LINE
BOOKING SYSTEM ARREST WORKSHEET.
7. Notify arresting officer that prisoner has been bailed and the time and
location of arraignment.

FORMS AND CERTIFICATION OF CHARGES AGAINST PRISONER (PD244-062)


REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-13

RELEASE OF PRISONERS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 5

PURPOSE To release a person taken into custody when further investigation reveals that the
person arrested did not commit the offense or any related offense or it is
determined that no offense has been committed or when directed by an Assistant
District Attorney that the arrest is to be voided.
DEFINITIONS VOIDED ARREST – When an arrest is made by a uniformed member of the service or
a civilian, and there is reasonable cause to believe the prisoner did not commit the
offense, or any related offense, or it is determined that no offense has been committed,
the member of the service concerned must immediately release the prisoner and comply
with this procedure.
DECLINE PROSECUTION – The District Attorney has prosecutorial discretion and
may decline to prosecute a case for a variety of reasons even though probable cause for
the arrest exists. Some examples are: cases where the evidence is legally sufficient to
prosecute, but must be corroborated; or cases where prosecution is declined in the
interest of justice; etc. In these instances, the Assistant District Attorney is required to
issue a Decline Prosecution Letter. In such circumstances, members of the service
should be guided by Patrol Guide 216-16, “Release of Prisoners at the Complaint
Room at Direction of the Assistant District Attorney.”
Additionally, there may be circumstances wherein an Assistant District Attorney directs
that an arrest be voided and refuses to issue a Decline Prosecution Letter despite the
arresting officer’s good faith belief that probable cause existed for the arrest. In those
instances, members of the service should be guided by this procedure.
PROCEDURE When an arrest is made by a uniformed member of the service or a civilian, and
there is reasonable cause to believe that the prisoner did not commit the offense
in question or any related offense.
ARRESTING 1. Confer with patrol supervisor and obtain consent for release of prisoner.
OFFICER a. If unavailable, confer with desk officer/borough court section supervisor.
b. If the arresting officer, prior to removal of the prisoner to the police
facility/borough court section, has reasonable cause to believe that
the prisoner did not commit the offense charged and the patrol
supervisor is not available for conferral, the prisoner may be released
immediately and the patrol supervisor/desk officer will be notified as
soon as possible.
(1) In all “Release of Prisoner” cases, the desk officer of the
command of occurrence MUST be informed of the
circumstances of the release
(2) A prisoner may be released by the Department at any time
from the initial custody until the arraignment in the
courtroom.
c. If prisoner has been removed from police facility/borough court
section facility, confer with supervisor assigned to court.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

210-13 08/01/13 2 of 5

PATROL SUPV./ 2. Authorize release of prisoner if in agreement with arresting officer.


DESK OFFICER 3. Verify that all property removed from the person is returned.
/BOROUGH
COURT
SECTION
SUPERVISOR

ARRESTING 4. Make ACTIVITY LOG (PD112-145) entry of facts of the release of


OFFICER prisoner.

SUPERVISOR 5. Examine and initial arresting officer’s ACTIVITY LOG entry.


AUTHORIZING
/NOTIFIED OF
RELEASE

ARRESTING 6. Prepare OLBS ARREST WORKSHEET (PD244-159), immediately, for


OFFICER released prisoner.
a. Indicate under the “Narrative” section the reason the prisoner was
released and arrest voided and include:
(1) Statement indicating property was returned, if applicable
(2) Names of witnesses, if any
(3) Supervisor who authorized or was notified of release of
prisoner
(4) Time of release.
7. Void the arrest using the “Omniform System” under “Arrest Processing
Type” and select the “Voided Arrest” option, which will still generate an
arrest number.

DESK OFFICER 8. Review circumstances of arrest.


/SUPERVISOR a. If arrest voided by arresting/assigned officer in “Omniform System”:
CONCERNED (1) Review OLBS ARREST WORKSHEET/OMNIFORM –
ARREST REPORT and ensure that the “Narrative” section
include reason(s) for arrest being “voided” (see step “7”)
(2) Enter “VOIDED ARREST” across the top of the OLBS
ARREST WORKSHEET/OMNIFORM – ARREST
REPORT.
b. If prisoner was already processed and an arrest number generated
for booking purposes (not voided by arresting officer):
(1) Log into “Omniform System” and select the “Void an
Arrest” option under caption “Supervisor Functions” and
enter applicable information necessary to void the arrest.
(2) Assign uniformed member of the service to prepare, fax and
forward ARREST REPORT SUPPLEMENT (PD244-
157) to borough court section concerned without delay.

NEW  YORK  CITY  POLICE  DEPARTMENT


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DESK OFFICER a. Ensure the arresting/assigned officer indicates


/SUPERVISOR under “Details” section of the ARREST REPORT
CONCERNED SUPPLEMENT the reason the arrest was voided
(continued) (see step “7”).
(3) Enter “VOIDED ARREST” across top of the ARREST
REPORT SUPPLEMENT and OLBS ARREST
WORKSHEET/OMNIFORM ARREST REPORT.
9. Distribute OLBS ARREST WORKSHEET/OMNIFORM ARREST
REPORT and ARREST REPORT SUPPLEMENT, as applicable, in
normal manner.
10. Ensure copies of all reports are forwarded to the following:
a. Patrol borough commander concerned
b. Commanding Officer, Identification Section
c. Borough court section concerned
d. Commanding officer of arresting officer, if different from precinct
of occurrence.
11. Notify borough court section of the voided arrest information
12. Make Command Log entry.
13. Notify precinct commanding officer.

PATROL 14. Review report(s) and if satisfied that the release of prisoner was proper,
BOROUGH signify by endorsement and return to originating commanding officer.
COMMANDER

REQUEST BY ASSISTANT DISTRICT ATTORNEY TO “VOID” AN ARREST:

ARRESTING 15. Inform desk officer/borough court section supervisor that Assistant
OFFICER District Attorney is requesting arrest be “voided” and not “Decline
Prosecution.”
DESK OFFICER 16. Confer with Legal Bureau regarding request by Assistant District Attorney.
/BOROUGH
COURT
SECTION
SUPERVISOR

LEGAL 17. Confer with Assistant District Attorney concerned and attempt to resolve
BUREAU the issue.
ATTORNEY 18. Request Assistant District Attorney to treat case as a “Decline Prosecution.”
a. Confer with supervisory Assistant District Attorney if the Assistant
District Attorney will not draw up complaint.
b. If all attempts to resolve the issue do not result in the complaint being
drawn and the Assistant District Attorney will not treat the case as a
“Decline Prosecution” case, then the arrest shall be deemed voided as
per the Assistant District Attorney.
19. Notify the desk officer, precinct of arrest and the borough court section
supervisor to release the prisoner in accordance with this procedure.
NEW  YORK  CITY  POLICE  DEPARTMENT
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DESK OFFICER 20. Make Command Log entry and include the following information:
a. Arrest “voided” due to Assistant District Attorney refusal to consider
charges
b. Name of the Legal Bureau attorney consulted
c. Name of the Assistant District Attorney
d. Name of the District Attorney’s Office supervisor
e. Borough court section supervisor concerned.
21. Ensure all information in step “20” is included in the “Narrative” section of the
OLBS ARREST WORKSHEET/OMNIFORM ARREST REPORT or the
“Details” section of ARREST REPORT SUPPLEMENT, as applicable.
22. Notify borough court section supervisor (via Telephone Message) of final
status of prisoner.

ADDITIONAL DEPARTMENT POLICY


DATA
If the precinct or patrol borough commander is not satisfied that the release was proper,
the circumstances of the release will be reported to the First Deputy Commissioner and
the Chief of Department.

The authority to release a prisoner by means of this procedure rests solely with the
Police Department.

When an arrest is voided for any reason and the person being released has been
fingerprinted via Live Scan, one copy of the ON LINE BOOKING SYSTEM ARREST
WORKSHEET/OMNIFORM ARREST REPORT or the ARREST REPORT
SUPPLEMENT, as appropriate, is to be delivered to the borough court section intake
supervisor, borough of arrest. The desk officer will ensure that this is done in a timely manner.

The borough court section intake supervisor, borough of arrest, will prepare a communication
detailing the circumstances of the voided arrest. This communication will be FAXED to the
Division of Criminal Justice Services with the request to seal the defendant’s record.

All borough court section intake facilities will now maintain a bound log with the
following information regarding voided arrests:
• The date that the ARREST REPORT SUPPLEMENT was received
• OLBS WORKSHEET arrest number
• Precinct and location of arrest
• Name, shield, and command of arresting officer
• Date and time the Division of Criminal Justice Services was notified
• Name of the representative from the Division of Criminal Justice Services who acknowledges
receipt of the communication from the NYPD along with the date and time of its receipt.

The Legal Bureau is responsible for logging and tracking inquiries made in accordance
with the voiding of any arrest at the request of the Assistant District Attorney. The Legal
Bureau may be contacted Monday through Friday, 0700 to 2300 hours. At other times,
and on the weekends, the Legal Bureau duty attorney may be reached through the
Operations Division.

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RELATED Release of Prisoners Arrested by Other Police Agencies (P.G. 210-15)


PROCEDURES Release of Prisoners at the Complaint Room at Direction of the Assistant District Attorney
(P.G. 210-16)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS ARREST REPORT SUPPLEMENT (PD244-157)
OLBS ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-14

RELEASE OF PRISONER - NARCOTIC ARREST


NEGATIVE FINDINGS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
1 of 1

PURPOSE To expedite the release of a prisoner detained in a Department of Correction


facility, when analysis of controlled substance is negative and no other charges
are pending.

PROCEDURE Upon completion of lab testing and it is discovered that the substance in question
did not contain any trace of an illegal controlled substance:

POLICE 1. Notify assistant district attorney concerned by sending a copy of lab


LABORATORY report to court and notify arresting/assigned officer concerned by sending
PERSONNEL a copy of lab report to command when findings are negative.

DESK OFFICER 2. Notify arresting officer to disregard scheduled court appearance if NO


other charges are pending against prisoner.
a. Notify roll call to make notation in Diary of court cancellation.
3. Deliver POLICE LABORATORY CONTROLLED SUBSTANCE
ANALYSIS REPORT (PD521-153) to member concerned upon receipt
from Police Laboratory.
4. File “ADA Copy” of PROPERTY CLERK INVOICE (PD521-141)
received from Property Clerk Division.

ADDITIONAL The District Attorney’s Office will notify the Department of Correction to arrange for
DATA the release of the concerned prisoner.

RELATED Processing Controlled Substances/Marijuana Stored at Stationhouse (P.G 218-24)


PROCEDURES Processing Controlled Substances/Marijuana Contraband Not Stored at Stationhouse
(P.G. 218-25)

FORMS AND POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT


REPORTS (PD521-153)
PROPERTY CLERK INVOICE (PD521-141)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-15

RELEASE OF PRISONERS ARRESTED


BY OTHER POLICE AGENCIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To record the release of prisoners by other police agencies.

PROCEDURE When a police officer of another agency delivers an arrested person to the
stationhouse or borough court section and investigation reveals that that person
did not commit the offense alleged or any related offense:

DESK OFFICER/ 1. Decide whether the prisoner will be released:


BOROUGH a. If conflict exists between the desk officer/borough court section
COURT supervisor and the arresting officer, the precinct commander/duty
SECTION captain will make decision.
SUPERVISOR 2. Follow P.G. 210-13, “Release of Prisoners.”
3. Make entry in Telephone Record when notified by another police agency
that they have released a prisoner from other than a stationhouse.
4. Notify precinct commander.

PRECINCT 5. Compare written notification from other police agency with Telephone
COMMANDING Record entry.
OFFICER 6. Endorse written notification.
7. Forward endorsed notification through channels to:
a. Criminal Justice Bureau
b. Identification Section

RELATED Release of Prisoners (P.G. 210-13)


PROCEDURE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-16

RELEASE OF PRISONER AT THE COMPLAINT ROOM BY


DIRECTION OF THE ASSISTANT DISTRICT ATTORNEY
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 3

PURPOSE To release a prisoner when the Assistant District Attorney elects not to prosecute
a defendant and designates the arrest case as “Decline Prosecution.”

PROCEDURE Upon being informed by the Assistant District Attorney that the prisoner is to be
released and the arrest case has been designated as “Decline Prosecution.”

ARRESTING 1. Obtain copy of the District Attorney’s Office Decline Prosecution Letter.
OFFICER (Either via FAX when processing at command or, in person, when
processing at the complaint room.)

NOTE When an Assistant District Attorney elects not to prosecute an arrest case which was
processed either via the Expedited Affidavit Program or Supporting Deposition Program,
borough court section personnel will obtain a copy of the District Attorney’s Office Decline
Prosecution Letter and follow the borough court section’s release of prisoner procedures.

2. Make complete ACTIVITY LOG (PD112-145) entry.


3. Notify desk officer.

WHEN ARRESTING OFFICER IS PRESENT AT PRECINCT OF ARREST AND


INFORMED BY AN ASSISTANT DISTRICT ATTORNEY THAT THE ARREST
CASE HAS BEEN DESIGNATED AS “DECLINE PROSECUTION”

DESK OFFICER 4. Direct arresting officer to determine if prisoner has an active warrant.

ARRESTING 5. Conduct a warrant check as per P.G. 208-22, “Performing Local, State and
OFFICER Federal Warrant Checks.”
6. Ascertain from the borough court section if the Criminal History printout
(“Rapsheet”) has been received.

DESK OFFICER 7. Direct prisoner be immediately released, if prisoner is present at


command or a hospital facility, after it has been established there is no
active warrant through warrant check and “Rapsheet.”

NOTE The release of a prisoner will not be delayed solely because the “Rapsheet” has not yet
been received.

8. Direct the arresting officer to process the arrest solely on the authority of
the active warrant, if the prisoner has active warrant.

NOTE In a designated “Decline Prosecution” case, the arresting officer will continue to process the
arrest case only when it has been determined that the prisoner has an active warrant. The
arresting officer will not process the prisoner on any of the original arrest charges that were
designated by the Assistant District Attorney as “Decline Prosecution.”

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DESK OFFICER 9. Notify borough court section supervisor of either prisoner’s release, or
(continued) that prisoner is being processed solely on the authority of active warrant.
(This will enable the borough court section to make the appropriate On
Line Prisoner Arraignment (OLPA) system entries.)
10. Notify the borough court section supervisor that an Assistant District
Attorney has designated the arrest case as “Decline Prosecution”, if the
prisoner is en route to, or present at the borough court section.
11. Direct arresting officer to FAX the District Attorney’s Office Decline
Prosecution Letter to the borough court section supervisor.
a. Borough court section’s release of prisoner procedures will then
be followed.
12. Make appropriate log entries and ensure that the District Attorney’s
Office form letter is filed.

IF ARRESTING OFFICER IS PRESENT AT THE COMPLAINT ROOM AND


INFORMED BY AN ASSISTANT DISTRICT ATTORNEY THAT THE ARREST
CASE HAS BEEN DESIGNATED AS “DECLINE PROSECUTION”

ARRESTING 13. Notify, and provide a copy of the District Attorney’s Office Decline
OFFICER Prosecution Letter to the borough court section supervisor.

NOTE In a case where a prisoner is hospitalized, the arresting officer must also notify and FAX
a copy of the District Attorney’s Office Decline Prosecution Letter to the command’s
desk officer who will direct the release of the prisoner after establishing that there is no
active warrant. If the prisoner has an active warrant, the desk officer will assign a
uniformed member of the service to process the prisoner solely on the authority of the
active warrant.

14. File the District Attorney’s Office Decline Prosecution Letter in arrest
folder, upon return to command.

BOROUGH 15. Have the appropriate OLPA system entries made when notified by the
COURT desk officer that the prisoner has been released, or that the prisoner will
SECTION be processed solely on the authority of an active warrant.
SUPERVISOR 16. Direct, when notified by a desk officer or by an arresting officer in person,
that an arrest case of a prisoner who is en route to, or present at, the
borough court section has been designated as “Decline Prosecution,” and is
in receipt of a District Attorney’s Office Decline Prosecution Letter:
a. The immediate release of the prisoner after the borough court
section has determined that there is no active warrant. The release
of a prisoner will not be delayed solely because the “rapsheet” has
not been received. (This procedure will be adhered to regardless
of prisoner’s lodging location [e.g. borough court section or
lodged over night at the precinct stationhouse.]) OR

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BOROUGH b. Direct either the arresting officer, if present, or have borough


COURT court section personnel process the prisoner solely on the
SECTION authority of the active warrant, if the prisoner has an active
SUPERVISOR warrant. (In this case, the arresting officer will only be utilized to
(continued) process the prisoner when the prisoner is lodged at the borough
court section and the arresting officer is present at the courthouse.)

NOTE When a prisoner who is to be released is lodged over night at a precinct stationhouse,
the borough court section supervisor must notify and FAX a copy of the District
Attorney’s Office form letter to the desk officer concerned. Upon receipt of a District
Attorney’s Office form letter, the desk officer of the precinct concerned will release
prisoner and make appropriate log entries.

RELATED Performing Local, State and Federal Warrant Checks (P.G. 208-22)
PROCEDURES

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-17

ARREST PROCESSING OF PRE-ARRAIGNMENT PRISONERS


DESIGNATED AS "SPECIAL CATEGORY"
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/27/16 05/27/16 1 of 3

PURPOSE To ensure that all pre-arraignment prisoners in custody at precinct, transit district, police
service area, and borough court section holding pens are medically screened by
Emergency Medical Service (EMS) personnel located at the borough court sections.
SCOPE Presently, EMS personnel are assigned to all patrol borough court sections with
the exception of the Staten Island Court Section. On Staten Island it is the
supervisor at the court section and not EMS personnel that screens prisoners.
This supervisor makes the determination as to whether or not a prisoner will be
designated as special category. For the purposes of this procedure this practice
will remain in effect only in the Staten Island Court Section.
DEFINITION SPECIAL CATEGORY PRISONER - A “Special Category Prisoner” is a prisoner who
should be removed from the general population for any of the following reasons:
a. because of a medical condition or physical disability
b. for any reason that would lead one to believe that placing that prisoner
in a general population of prisoners may pose a safety risk to that
prisoner or other prisoners
c. for any reason that would lead one to believe that placing that prisoner
in a general population of prisoners may pose a health risk to that
prisoner or other prisoners.
The following will not be designated as “Special Category” prisoners:
a. Hospitalized prisoners (Refer to P.G. 210-02, “Hospitalized
Prisoners”)
b. Prisoners who will be issued Desk Appearance Tickets or summonses
and released directly from the precinct, transit district, or police service
area.
PROCEDURE Upon transporting a pre-arraignment prisoner to the appropriate borough court section:
UNIFORMED 1. Ensure that prisoner is medically screened by EMS personnel as soon as
MEMBER OF possible.
THE SERVICE
CONCERNED

BOROUGH 2. Determine, in conjunction with EMS personnel, whether prisoner should be


COURT designated a “Special Category Prisoner.”
SECTION
SUPERVISOR
GUIDELINES FOR HANDLING “SPECIAL CATEGORY PRISONERS”:

BOROUGH 3. Ensure that notation is made in the “Detention Alert” caption of Prisoner
COURT Movement Slip along with the reason for the designation, e.g. medical,
SECTION safety risk, disability, etc.
SUPERVISOR
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BOROUGH 4. Direct that a “Special Category Prisoner” be lodged in a separate cell from the
COURT general pre-arraignment population.
SECTION 5. Ascertain, in consultation with EMS personnel, whether or not it is advisable to
SUPERVISOR house more than one “Special Category Prisoner” in a cell.
(continued) 6. Have MEDICAL TREATMENT OF PRISONER (PD244-150) form
prepared for each “Special Category Prisoner.”
7. Ensure that “Yes” box in caption “Recommend Prisoner Be Separated From
General Population” on MEDICAL TREATMENT OF PRISONER form is
checked.
8. Ensure that all “Special Category Prisoners,” originally screened by EMS
personnel at the borough court section, are subsequently screened upon
returning from any hospital, as applicable.
9. Oversee and expedite the processing of all “Special Category Prisoners” and
their co-defendants, if any.
10. Ensure that prisoners lodged in separate cells at precinct, district, or police
service area commands are transported to the appropriate arraignment part at
court, when necessary.
ADDITIONAL LODGING “SPECIAL CATEGORY” PRISONERS
DATA
The decision of whether or not to house more than one such prisoner in a cell will be
based on whether, given the particular reasons for designating them as “Special
Category,” the prisoners pose a safety or health risk to one another.
It is preferable to lodge “Special Category Prisoners” in separate cells at the borough
court section. However, if this is not possible, the borough court section supervisor will
direct that the prisoner be temporarily lodged in a separate cell in a precinct, district, or
police service area command.
Supervisors will make every reasonable effort to provide separate and physically
adequate accommodations for special category prisoners that are being processed or
lodged in their facilities. Reasonable efforts will be made to avoid handcuffing prisoners
to chairs, railings, etc. for extended periods of time.
OPERATIONAL CONSIDERATIONS
A prisoner may be designated “Special Category” at a subsequent screening by EMS personnel,
as appropriate.
“Special Category Prisoners” will be given priority status at every stage of the pre-arraignment
process including placing their names on the “Medical Expedite” list maintained at the borough
court sections.
All prisoners who are identified as being infected with, or suspected of carrying an actively
contagious disease, such as tuberculosis, will be sent to the hospital immediately.
PRISONERS CONFINED TO WHEELCHAIRS OR OTHERWISE MOBILITY IMPAIRED
If a prisoner is confined to a wheelchair or is otherwise mobility impaired, the desk
officer, command of arrest, will confer with the borough court section supervisor prior
to transporting to a court section facility and be guided by his/her direction regarding
lodging and further processing.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

210-17 05/27/16 3 of 3

RELATED Hospitalized Prisoners (P.G. 210-02)


PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04)

FORMS AND MEDICAL TREATMENT OF PRISONER (PD244-150)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Prisoners Procedure No: 210-18

DEBRIEFING OF PRISONERS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/29/16 07/29/16 1 of 4

PURPOSE To provide a central repository of criminal intelligence received from prisoners


and improve communications and sharing of information among Department
units.

SCOPE All prisoners in custody of this Department and all new arrestees must be
debriefed by a member of the service. For the purposes of this procedure, the
debriefing member of the service may be an investigator from the Detective
Bureau, Intelligence Bureau, a Field Intelligence Officer (FIO), Anti-
Crime/Street Narcotics Enforcement Unit (SNEU) supervisor, desk officer, etc.
Police officers will not normally conduct debriefings.

Detective Bureau investigators will conduct all debriefings for “firearms arrests,”
regardless of arresting officer’s command. This debriefing will be documented in
the Enterprise Case Management System (ECMS) on a “Positive Debriefing” entry.

All prisoner debriefings, and especially all firearm related debriefings, should be
documented in ECMS.

The desk officer, precinct of arrest, should ensure that the debriefing is
conducted by a member of the Detective Bureau or Intelligence Bureau, as
appropriate.

DEFINITIONS POSITIVE DEBRIEFINGS – Specific information received from a prisoner


during the course of an interview regarding crime, criminal activity, or evidence
related to a crime that is not related to the current arrest charges against the
prisoner. For the purpose of this definition, a prisoner is to include new arrestees,
and parolees, probationers, and inmates in custody.

CONFESSION/ADMISSION – Statement (oral or written) made by a prisoner


during the course of an interview which acknowledges guilt or involvement. A
confession/admission on a new arrest is NOT considered a positive debriefing.

ENHANCEMENT – Augmentations of certain designated arrests conducted by


an appropriate investigative unit for the purpose of enhancing the prosecutability
of that arrest. A confession/admission is a goal of the enhancement. Case
enhancement is NOT considered a positive debriefing.

PROCEDURE Upon debriefing a prisoner in the custody of this Department:

NEW  YORK  CITY  POLICE  DEPARTMENT


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210-18 07/29/16 2 of 4

FOR ALL POSITIVE DEBRIEFINGS WHICH YIELD INTELLIGENCE NOT


RELATED TO AN ACTIVE CRIMINAL INVESTIGATION:

DEBRIEFING 1. Document information as follows:


MEMBER OF a. If assigned to the Detective Bureau or as an Intelligence Bureau
THE SERVICE field intelligence officer (FIO), prepare a “Positive Debriefing”
entry in ECMS
(1) Ensure information from the positive debriefing is
electronically forwarded to all required members, by email,
through ECMS
b. If not assigned to the Detective or Intelligence Bureaus, prepare a
COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-
081A).
2. Notify, by telephone, any other units or commands that may be concerned,
and record the name of the receiving member of the service in the “Details”
section of the COMPLAINT FOLLOW-UP INFORMATIONAL.
a. An immediate response, if appropriate, will be made by the
concerned unit/command for the purposes of personally debriefing
the subject.
3. Upon completion of the debriefing:
a. If not assigned to the Detective or Intelligence Bureaus, telephone
the Intelligence Bureau, Operations Desk to relay the basic
information necessary for the preparation of a “Positive Debriefing”
entry in ECMS by an Intelligence Bureau member.

NOTE If more than one uniformed member of the service or if an outside law enforcement
member (e.g., Joint Federal Task Force, etc.) debriefs prisoner, a telephone notification
to the Criminal Intelligence Section must be made to include information such as date,
time, name of person debriefed, member of service debriefing, brief description of
information obtained, command concerned, etc.

4. Forward copies of the COMPLAINT FOLLOW-UP INFORMATIONAL


to the investigative unit concerned.
a. The FIO concerned will be responsible for reviewing Intelligence
Data System (IDS) entries for positive debriefings in their
respective commands.
b. Ensure a copy of the COMPLAINT FOLLOW-UP
INFORMATIONAL has been forwarded and received by the
appropriate investigative unit after reviewing the IDS.

FOR ALL POSITIVE DEBRIEFINGS WHICH YIELD INTELLIGENCE ON


AN ACTIVE CRIMINAL INVESTIGATION:

DEBRIEFING 5. Telephone the investigator/supervisor responsible for the active


MEMBER OF investigation and relay the information obtained through the debriefing.
THE SERVICE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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210-18 07/29/16 3 of 4

NOTE The investigator/supervisor responsible for the active investigation will respond and personally
debrief the prisoner if appropriate and fully investigate the veracity of the information provided.

The active case investigator/supervisor will be responsible for documenting any information
pertinent to the active case on a COMPLAINT FOLLOW-UP INFORMATIONAL after
thoroughly investigating the information, and include it in the case folder.

DEBRIEFING 6. Upon completion of the debriefing:


MEMBER OF a. Telephone the Intelligence Bureau, Operations Desk to relay the
THE SERVICE information necessary for the preparation of a “Positive Debriefing”
(continued) entry in ECMS by an Intelligence Bureau member.

NOTE In situations where information obtained relates to an active criminal investigation, the
appropriate Precinct/Borough Transit/Patrol Borough Housing FIO will conduct a
follow up conferral within seventy two hours with the investigator assigned to ensure a
COMPLAINT FOLLOW-UP INFORMATIONAL has been prepared in conjunction
with the original IDS entries.

CRIMINAL 7. Track and review all ECMS “Positive Debriefing” entries related to active
INTELLIGENCE criminal investigations.
SECTION 8. Notify the appropriate FIO concerned immediately and after seventy two
hours to ensure proper follow up.

PRECINCT/ 9. Track and review all ECMS “Positive Debriefing” entries related to active
BOROUGH criminal investigations.
TRANSIT/ 10. Notify the appropriate FIO concerned immediately and after seventy two
PATROL hours to ensure proper follow up.
BOROUGH 11. Ensure copies of “Positive Debriefing” entries in ECMS have been
HOUSING FIELD
electronically forwarded to the appropriate investigative unit after review.
INTELLIGENCE
OFFICER

FOR ALL OTHER DEBRIEFINGS:

DEBRIEFING 12. Document in ECMS, as appropriate.


MEMBER OF
THE SERVICE

ADDITIONAL Should an allegation of corruption or serious misconduct arise out of a prisoner


DATA debriefing, the member of the service obtaining the information shall follow established
Department guidelines regarding the reporting of such matters.

Criminal Procedure Law 240.45(1)(a), also referred to as the “Rosario rule,” requires
the prosecutor to make available to the defendant any written or recorded statements
made by a person whom the prosecutor intends to call as a witness at trial and which
relates to the subject matter of witness’ testimony. Failure to preserve and provide such
statements to the defense can have an impact on the outcome of a criminal trial and in
some cases, provide a basis to overturn a conviction.

NEW  YORK  CITY  POLICE  DEPARTMENT


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210-18 07/29/16 4 of 4

ADDITIONAL Information obtained through debriefing of prisoners and which is included in an


DATA Intelligence Report can sometimes be covered by this rule. Similarly, if an FIO includes
(continued) in the IDS system information about an active investigation obtained from the case
investigator, that information also may constitute “Rosario” material if the investigator
testifies at trial. Therefore, case investigators should include in their case folders
printouts from the IDS system of information transmitted by the FIO or case
investigator. In addition, if a debriefing results in the opening of a new investigation, a
copy of the IDS printout detailing the information provided by the debriefed prisoner
should be included in the new investigation folder.

FORMS AND COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-01

DUTIES AND CONDUCT IN COURT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide uniform standards for a uniformed member of the service appearing in court.

PROCEDURE When a uniformed member of the service is required to appear in court, before a
Grand Jury or other government agency:

UNIFORMED 1. Appear in uniform if assigned to duty in uniform except if:


MEMBER OF a. Off duty
THE SERVICE b. On sick report or restricted duty
c. Required to arraign deferred or holdover prisoner
d. Authorized by commanding officer.

NOTE A member is required to appear in uniform when such attendance is requested by the
District Attorney providing the member concerned is NOT listed as an exception in step
1, subdivisions a through d, above. When reporting in uniform, the uniform shirt and tie
MUST be worn if the outermost garment is to be removed.

2. Report to Police Sign-In Room and submit IDENTIFICATION CARD


(PD416-091) and COURT ATTENDANCE RECORD (PD468-141) to
supervising member/designee.
3. Inform supervising member/designee if scheduled to appear in more than
one part of court, before another government agency, or if on a court alert.
a. Notify supervising member/designee if appearing on off duty time.

POLICE ROOM 4. Notify other court part or government agency that member is present in
SUPERVISOR/ another court part.
DESIGNEE

UNIFORMED 5. Wear appropriate business attire, if appearing in civilian clothes, at post-


MEMBER OF arraignment proceedings.
THE SERVICE

NOTE Proper business attire requires male members of the service to wear a dress shirt with collar
and tie, suit or sports coat, dress trousers, and female members of the service to wear dress
or appropriate suit. No member of the service will appear wearing dungarees or sneakers.

6. Wear shield on outermost garment at all times while in court building or


portion of building under court jurisdiction.
7. Take meal period when court recesses for lunch and enter location of
meal in ACTIVITY LOG (PD112-145).
8. Report to police room if required to leave court building for reason other
than meal (prior to leaving and upon return).
9. Refrain from discussing case with defendant, defendant’s attorney or any
other unauthorized person EXCEPT with the consent, and in the presence
of the District Attorney.
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UNIFORMED 10. State full name, rank, shield number and command when sworn as a witness.
MEMBER OF 11. Have ACTIVITY LOG and evidence available at each appearance.
THE SERVICE 12. Give testimony as follows:
(continued) a. Understand question before answering; request clarification if necessary.
b. Remain calm, impartial and speak distinctly.
c. Answer truthfully and completely.
13. Request adjournment to day when performing duty with the 2nd Platoon
or if a detective, when performing day duty.
14. Inform judge when adjourned date is on scheduled day off.
15. Telephone desk officer if detained in court past end of tour.
16. Report to police room at conclusion of court appearance and obtain
completed COURT ATTENDANCE RECORD.
17. Ascertain the status of other scheduled appearance prior to signing out of court.
18. Return evidence, if any, to Property Clerk.
19. Notify desk officer/counterpart by telephone immediately upon dismissal
from Police Sign-In Room and comply with instructions received.

DESK OFFICER 20. Make notation of uniformed member’s dismissal and instructions given
on appropriate Department record.
21. Make entry on ROLL CALL (PD406-144) indicating time of return and
assignment of member.
22. Check COURT ATTENDANCE RECORD.

DESIGNATED 23. File COURT ATTENDANCE RECORD at command in chronological


CLERICAL order in a separate folder.
MEMBER

INTEGRITY 24. Examine ROLL CALLS for the preceding week to identify uniformed members
CONTROL who made appearances in court, Grand Jury, etc., and compare COURT
OFFICER ATTENDANCE RECORD with OVERTIME REPORT (PD138-064).
25. Ascertain if entries on ROLL CALL reflect time of return for those
uniformed members who were not dismissed directly from court.

NOTE All of the above duties may not be applicable at every appearance in court, before
Grand Jury or other government agency.

RELATED Prisoners General Procedure (P.G. 210-01)


PROCEDURES Prevention of Court Appearance on Scheduled Day Off (P.G. 211-07)
Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COURT ATTENDANCE RECORD (PD468-141)
IDENTIFICATION CARD (PD416-091)
OVERTIME REPORT (PD138-064)
ROLL CALL (PD406-144)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-04

COMPUTERIZED COURT APPEARANCE CONTROL SYSTEM (CACS)


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/12/15 01/12/15 1 of 4

PURPOSE To effectively monitor and control appearances by members of the service


(uniformed and civilian) at various courts, other governmental agencies, the
Department Advocate’s Office, and for District Attorney’s assignments, via a
formal notification process utilizing the computerized Court Appearance Control
System (CACS), except on Staten Island.

DEFINITION SHORT DATE NOTIFICATION – A notification for a member of the service to


appear the next day, or a notification delivered on a Friday for a member to
appear on the following Monday. Because these notifications are time sensitive,
and may be received at an hour when the roll call office is closed, CACS has
been designed to automatically transmit these notifications to the command’s
FINEST or LAN printer.

PROCEDURE When an authorized governmental agency or the Appearance Control Unit utilizes the
CACS to request the appearance of a member of the service at a court (Supreme
Court, Grand Jury, Civil Court, Family Court, Criminal Court, Summons Adjudication
Part [SAP] Court), a governmental agency, or for a District Attorney’s assignment:

ROLL CALL 1. Access the computerized CACS to acknowledge all outstanding


CLERK notifications directed to their command, as follows:
a. At the beginning of each business day
b. At the midpoint of the roll call office’s hours of operation for that day
c. One half hour prior to close of roll call office.
2. Bring the notification to the attention of the operations coordinator or
counterpart if the requested member is scheduled to appear on a regular
day off (RDO), other than a short date notification.
3. Prepare a separate NOTIFICATION (PD406-122) for each court
appearance.
4. Comply with P.G. 211-05, “Processing Notifications to Appear at Courts
and other Government Agencies.”
a. If the notification is a request for Department documents comply
with P.G. 211-18, “Processing Request for Police Department
Documents Received from Assistant District Attorneys and
Assistant Corporation Counsels.”
5. Enter updates into the CACS, on a daily basis, or as necessary. This will
normally be done:
a. After the copy portion of the NOTIFICATION has been signed
and returned by the member of the service concerned
b. To indicate when attempts to notify an off duty member of the
service about a court appearance have been unsuccessful
c. Whenever a member of the service cannot appear in court due to
sickness, bereavement leave, authorized annual vacation selection, etc.

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NOTE In instances cited in subdivisions “5b” and “5c” above, notify the assistant district
attorney concerned to enable the assistant district attorney to reschedule the case and
inform the other parties involved in the proceeding that the member will not be present.

ROLL CALL 6. Utilize the CACS electronic re-routing feature to forward notifications to
CLERK a member’s new command, when the member has been transferred.
(continued) 7. Provide the desk officer/supervisor on duty with any outstanding notifications
that must be made prior to the re-opening of the roll call office.

DESK OFFICER/ 8. Monitor FINEST or LAN printer for short date notifications.
SUPERVISOR 9. Log notifications into FINEST Message Log.
10. Inform roll call personnel of notification immediately, if office is open.
11. Attempt to immediately notify member of the service.
12. Return all notifications received and processed, whether successfully served
or not, to the roll call clerk the next business day for a notification update
entry into CACS.
a. When a member of the service is not at the command (e.g., regular
day off (RDO), at training session, etc.) attempt to notify the
member of the service by telephone. All such attempts must be
documented in the Telephone Record.
13. Give incomplete short date notifications to the relieving supervisor, or if
available, to roll call personnel, who will continue to attempt to notify the
member of the service.

OPERATIONS 14. Contact the District Attorney’s office concerned when informed by roll call that
COORDINATOR/ member is scheduled to appear in court on an RDO, other than a short date.
COUNTERPART a. Ascertain the necessity for the RDO court appearance.
b. When possible have court appearance rescheduled for a date other
than the member’s RDO.
MEMBER OF 15. Report to the police room as directed on the NOTIFICATION and
THE SERVICE follow instructions of the Court Section supervisor.
16. Use IDENTIFICATION CARD (PD416-091) to sign into court. (If
circumstances warrant, request sign-in room personnel to record your
presence via a manual computer entry.)
a. Failure to properly sign in and out of court will result in the
member of the service being considered not present for court and
may result in disciplinary action.
17. Comply with P.G. 211-01, “Duties and Conduct in Court.”
18. Report immediately to the police sign-in room at the conclusion of the
court appearance and obtain the completed COURT ATTENDANCE
RECORD (PD468-141).
19. Notify command desk officer via telephone immediately upon dismissal
from police sign-in room and comply with instructions received.
20. Deliver COURT ATTENDANCE RECORD to desk officer when
instructed to return to command or, if otherwise instructed, at earliest
possible convenience.
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DESK OFFICER 21. Make notation of either member of the service dismissal, or instruction(s)
given to member, on appropriate Department record.

POLICE ROOM 22. Ensure that member’s presence for an appearance at court is entered into
PERSONNEL the CACS immediately upon member’s arrival at the sign-in room.
23. Enter the necessary court information into the CACS, when the member
reports to the police room at the conclusion of the member’s court appearance.
a. This includes selecting and then entering the proper court action
code to record the outcome of the court appearance (e.g., testified,
District Attorney not ready, no complainant or witness, adjourned,
took plea, etc.).
24. Give the COURT ATTENDANCE RECORD to the member of the
service for return to desk officer/counterpart at the member’s command.

APPEARANCE 25. Enter into the CACS, notifications received from governmental agencies
CONTROL which are not enabled with this system.
UNIT 26. Telephone commands immediately, when notifications are received,
which are directed to commands not enabled in the CACS.
27. Resolve any conflicts that may occur, (e.g., member of the service unable
to appear, sick, conflicting court appearance, etc.).
28. Monitor the attendance of all members of the service at court.

ADDITIONAL During court proceedings a judge or assistant district attorney may instruct a member of
DATA the service to appear in court at a later time or date. If this occurs, the member of the
service must then notify their desk officer/roll call clerk, who in turn will notify the
Appearance Control Unit. The member of the service will make such a notification to
his/her command, via telephone, immediately upon dismissal from the police sign-in room.

A member of the service must appear in court as directed by the judge or assistant
district attorney, whether or not an Appearance Control Unit or CACS notification is
received, unless notified that the appearance had been cancelled.

If the requesting party/agency (e.g., assistant district attorney, hearing officer at the
Department of Consumer Affairs, etc.) calls a command’s roll call or desk officer to
cancel an appearance by a member of the service, the requesting party/agency will be
reminded to enter such a cancellation into the CACS system. This will prevent the
member of the service from being charged with a failure to appear in court.

The CACS is interfaced with the Automated Roll Call System (ARCS). This enables a
requesting agency, such as the District Attorney’s Office, to tell at a glance if the proposed
date selected for a court appearance is the members RDO, annual vacation, etc. This
feature allows the District Attorney to avoid using that date, thereby reducing court related
overtime. For this aspect of the system to be effective, commands must ensure that their
members vacation schedules, chart changes, etc. are updated in ARCS in a timely fashion.

Every morning at 1000 hours all commands, which use the CACS, receive a computer-
generated report listing the names of members who have failed to appear in court by 1000
hours that day. (This report does not include alerts that have not yet been activated.) In

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ADDITIONAL precincts, PSAs, Transit Districts, etc., this report prints at the desk’s or roll call’s
DATA terminal. In specialized units, this report prints at the unit’s FINEST or LAN printer. The
(continued) desk officer/supervisor on duty who receives this report must make every effort to ensure
that those members who are listed as “no shows” actually appear in court as required.

The commanding officer will use available computer applications or reports to investigate
why each “no show” member failed to appear in court and then take appropriate
disciplinary action, as necessary. If negligence or misconduct is found, or court cases are
dismissed due to member’s absence, the commanding officer will comply with A.G. 316-
44, “Supervision of Uniformed Members of the Service at Court.” Each business day, the
commanding officer will forward a communication to the investigations unit in the
overhead command, identifying members of the service who failed to appear in court,
including the reasons for the non-appearances and the disciplinary actions taken, if any.

RELATED Duties and Conduct in Court (P.G. 211-01)


PROCEDURES Processing Notifications to Appear at Courts and other Government Agencies (P.G. 211-05)
Processing Request for Police Department Documents Received from Assistant District
Attorneys and Assistant Corporation Counsels (P.G. 211-18)
Supervision of Uniformed Members of the Service at Court (A.G. 316-44)

FORMS AND COURT ATTENDANCE RECORD (PD468-141)


REPORTS IDENTIFICATION CARD (PD416-091)
NOTIFICATION (PD406-122)

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PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-05

PROCESSING NOTIFICATIONS TO APPEAR AT COURTS


AND OTHER GOVERNMENT AGENCIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 8

PURPOSE To effectively monitor and control, via a formal notification process, appearances by
members of the service (uniformed and civilian) at various courts, CCRB, other
government agencies and for District Attorney’s assignments. In addition, this
procedure takes into account the different command structures within the Department
and requires commanding officers to incorporate this procedure into the circumstances
of his/her command, ensuring compliance with the notification process.

SCOPE With the establishment of the computerized Court Appearance Control System
(CACS), the Appearance Control Unit’s responsibilities were re-defined in order
to more effectively monitor and control the appearance process. Appearance
Control Unit functions include:
a. Processing requests and making notifications for members of the service
to appear in court or other governmental agencies. (Appearance Control
Unit will only make notifications for commands that have not yet been
enabled in the CACS)
b. Maintaining a liaison between this Department, the District Attorney’s
Office and other related agencies
c. Mediating and resolving conflicting court appearances
d. Maintaining required records and statistical data.

DEFINITIONS DISTRICT ATTORNEY’S ASSIGNMENT – Any assignment, including field


assignments, requested by the District Attorney’s Office for the purpose of case
or trial preparation.

ENABLED COMMAND – Commands with access to the computerized Court


Appearance Control System (CACS).

NON-ENABLED COMMAND – Commands that receive their notifications


through the Appearance Control Unit/Borough Court Section concerned.

DESIGNATED SUPERVISOR – Supervisor assigned by the commanding


officer to ensure notifications are distributed and accounted for.

ROLL CALL CLERK/DESIGNATED MEMBER – Member assigned by the


commanding officer to process notifications received from Appearance Control
Unit or CACS.

PROCEDURE When a notification is received at the requested member’s command from the
Appearance Control Unit, or the CACS for commands enabled in this system, or
by subpoena, or as the result of a verbal instruction given by a Judge, Assistant
District Attorney, or Corporation Counsel member to appear at a Grand Jury,
Court (Supreme, Civil, Criminal, or Family), for trial preparation, a government
agency, or for a District Attorney’s assignment:

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APPEARANCE 1. Notify member’s command of scheduled appearance.


CONTROL a. Enter all appearances in CACS even if the command is not
UNIT enabled in CACS. This includes administrative appearances and
appearances at smaller courts, such as State Liquor Authority
(SLA), etc.
NOTE A telephone notification for members of the service to appear will not be accepted at any
command unless received from the Appearance Control Unit, or if closed, the Borough
Court Section concerned. Notifications are made in this manner for commands that are
not yet enabled in the CACS.

ASSISTANT 2. Notify member’s command via the CACS or Appearance Control Unit.
DISTRICT
ATTORNEY
ROLL CALL 3. Immediately notify the requesting agency and the Appearance Control
CLERK/ Unit, if a member is unable to appear for a scheduled appearance.
DESIGNATED a. Cancellation will be accepted only if member is:
MEMBER (1) Sick, after conferral with district surgeon reveals member
is incapable to appear
(2) On annual vacation selection
(3) On military leave
(4) On bereavement leave
(5) On terminal leave and/or other paid leave contiguous with
terminal leave (e.g., vacation, lost time, chart day).
Appearance Control Unit authorized appearances for
uniformed members while on terminal leave will be
compensated as per the appropriate overtime rate.
4. Make entry in Command Diary if the appearance notification was not
received via the CACS.
5. Promptly notify the roll call clerk/designated member in member’s new
command:
a. When receiving a notification for a member that has been transferred, or
b. Re-route electronically if notification was received via the CACS.
6. Utilize the printed CACS notification or prepare a separate NOTIFICATION
(PD406-122) slip for each court appearance received via CACS, Appearance
Control Unit, Borough Court Section concerned, subpoena, or verbal instructions
from a Judge, Assistant District Attorney, or a Corporation Counsel member, etc.
7. Prepare NOTIFICATION RECAP(S) (PD168-122), ensure that the
following captions are completed:
a. Column “A” and Column “B”
b. “Roll Call Clerk/Designated Member (Rank/Title, Name)”,
“Tax No.”, “Command”
c. “Date”, “Page of ”, “Platoon/Tour.”
8. Attach NOTIFICATION(S) to NOTIFICATION RECAP(S) and
submit to desk officer/designated supervisor for distribution.
a. Retain one copy of the NOTIFICATION RECAP at roll call.

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NOTE One copy of the NOTIFICATION RECAP must be retained at the roll call office. This
will enable roll call staff to determine what notifications are outstanding and will assist
command staff to ensure compliance with notifications.

DESK 9. Prepare the following captions on NOTIFICATION RECAP:


OFFICER/ a. “Desk Officer/Designated Supervisor (Rank/Title Name)”,
DESIGNATED “Tax No.”, “Command.”
SUPERVISOR 10. Distribute NOTIFICATION(S) and attach the following to
NOTIFICATION RECAP:
a. Appropriate copy of NOTIFICATION(S) served
b. NOTIFICATION(S) that were unable to be served.
11. Verify distribution of NOTIFICATION(S) by completing the following
captions on NOTIFICATION RECAP:
a. Columns “C” and “D”
b. “Verified by Desk Officer/Designated Supervisor (Rank/Title,
Signature)”, “Tax No.”, “Command.”
12. Forward NOTIFICATION RECAP with NOTIFICATION(S) to Roll
Call/designated member.

ROLL CALL 13. Review NOTIFICATION RECAP(S) and ensure that all
CLERK/ NOTIFICATION(S) are accounted for.
DESIGNATED a. Notify Appearance Control and update CACS as required and
MEMBER make appropriate entries in Column “E” of NOTIFICATION
RECAP(S) as necessary.
14. Retain “Roll Call File” copy of NOTIFICATION RECAP and distribute
remaining copies as delineated on form to the integrity control officer and
operations coordinator.

OPERATIONS 15. Review appropriate copy of NOTIFICATION RECAP(S), ensure that


COORDINATOR/ all members of the service are notified of their court and/or other
DESIGNATED governmental agency appearances and file.
SUPERVISOR 16. Ensure that the roll call clerk/designated member promptly:
a. Notifies Appearance Control regarding notifications(s) that
require cancellation OR
b. Enters the appropriate notification dispositions into the CACS for
notifications received via that system.

NOTE This action will enable an Assistant District Attorney to know which requested members
of the service will actually appear in court and/or the reason(s) why they will not.

17. Direct that the roll call clerk/designated member inform the Appearance
Control Unit and update the CACS accordingly for notifications received
via that system, when the status of a notification disposition changes (i.e.,
member was notified to appear, but is now on sick leave).
a. The requesting agency will also be notified.

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INTEGRITY 18. Review appropriate copy of NOTIFICATION RECAP(S) for accuracy,


CONTROL completeness, compliance and file.
OFFICER

MEMBER OF 19. Sign and promptly return copy portion of NOTIFICATION to desk
THE SERVICE officer/designated supervisor/roll call clerk/designated member.
20. Comply with instructions received from desk officer/designated supervisor/roll
call clerk/designated member.

ON DATE OF COURT APPEARANCE

MEMBER OF 21. Perform duty with second platoon.


THE SERVICE 22. Muster in command in uniform or as otherwise authorized by the
commanding officer.
23. Bring all necessary arrest documents to each court appearance (i.e., ACTIVITY
LOG (PD112-145) entries, arrest forms, requested evidence, etc.).

NOTE Members of the service should understand that the release of documents is governed by
P.G. 211-15, “Processing Subpoenas for Police Department Records and for Testimony
by Members of the Service.” Under no circumstances will records be forwarded to an
attorney (other than an Assistant District Attorney or Assistant Corporation Counsel)
without prior consolation with the Document Production Unit.

24. Report to Police Sign-In Room at the specific time stated on appearance
notification.
25. Comply with provisions of Department Manual pertaining to court
appearances, as appropriate.
26. Contact the desk officer at least one hour prior to completion of tour if
required to continue assignment beyond normal end of tour.
27. Notify desk officer if not interviewed within two hours after arrival at the
District Attorney’s Office for trial preparation.

NOTE When notified as per step “26” or “27”, the desk officer will confer with the assigned
Assistant District Attorney or Assistant District Attorney’s Supervisor to determine if the
member’s services are required or if the member should return to command.

CONFLICTING COURT APPEARANCES AND NOTIFICATIONS FROM


AUTHORITIES OTHER THAN THE APPEARANCE CONTROL UNIT OR CACS
MEMBER OF 28. Notify desk officer/designated supervisor/roll call clerk/designated member
THE SERVICE if instructed to appear at court, District Attorney’s office or other
government agency and:
a. In receipt of a subpoena or
b. Verbal instructions for appearance have been received from a Judge,
Assistant District Attorney, or Corporation Counsel member or
c. There are conflicting appearances for the same day.

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DESK 29. Immediately notify the Appearance Control Unit when informed of any
OFFICER/ of the above situations as per step “28”, and
DESIGNATED a. Prepare NOTIFICATION and document on NOTIFICATION
SUPERVISOR/ RECAP.
ROLL CALL b. Direct member of the service to appear in court as per the
CLERK/ subpoena or verbal instructions.
DESIGNATED c. Direct member to sign and promptly return NOTIFICATION.
MEMBER

NOTE The Appearance Control Unit will mediate all conflicting court appearances and inform
the command of the results.

SHORT DATE NOTIFICATION

NOTE A “short date notification” is a notification for a member of the service to appear the
next day, or a notification delivered on a Friday for a member to appear on the
following Monday. Because these notifications are time sensitive, and may be received
at an hour when the roll call office is closed, CACS has been designed to automatically
transmit these notifications to the command’s FINEST or LAN printer.

DESK 30. Monitor the FINEST or LAN printer for “short date notifications.”
OFFICER/ 31. Inspect Telephone Record for “short date notifications.”
DESIGNATED 32. Attempt to immediately notify member of the service.
SUPERVISOR 33. Inform roll call clerk/designated member immediately, if available, or on
the next business day, of completed and/or incomplete “short date
notifications” and provide appropriate copies of the notifications.
a. Direct roll call clerk/designated member to account for “short date
notifications,” whether completed or not, on NOTIFICATION
RECAP.
34. Give incomplete “short date notifications” to the relieving supervisor, or
if available, to roll call clerk/designated member who will continue to
attempt to notify the member of the service.

DISTRICT ATTORNEY’S FIELD ASSIGNMENT

MEMBER OF 35. Obtain prior permission from commanding officer/designee if field


THE SERVICE assignment is to commence at a location other than command, District
Attorney’s Office or court.
36. Notify desk officer/designated supervisor when reporting for a District
Attorney’s field assignment.

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TEMPORARY ASSIGNMENT TO DISTRICT ATTORNEY’S OFFICE

MEMBER OF 37. Process request through appropriate Appearance Control Unit.


THE SERVICE a. Such assignments will not exceed five days
b. Requests for temporary assignment of more than thirty days will
be processed as per A.G. 320-07, “Temporary Assignments.”
38. Forward requests for extension of such assignment and/or requests for
temporary assignments of six to thirty days to commanding officer of
member concerned.

COMMANDING 39. Review request and endorse to Chief of Department (through channels)
OFFICER, for final determination.
MEMBER
CONCERNED

NOTE A request for extension of a temporary assignment will be reviewed and endorsed by the
commanding officer, member concerned. Any further extension will be reviewed by the
commanding officer, member concerned, and endorsed with recommendations (through
channels) to the Chief of Department for final determination. Uniformed members of the
service will not accept a verbal extension of a temporary assignment from an Assistant
District Attorney, unless there is an ongoing trial and appearance is for the next day. In
that case, the uniformed member of the service will contact his/her commanding officer,
who in turn will notify the Appearance Control Unit. The Assistant District Attorney
will be advised to request an extension through the CACS, Appearance Control Unit, or
if closed, the Borough Court Section.

ADDITIONAL A member of the service who must appear in court on a scheduled day off, for an adjourned
DATA case, will be assigned to a 0900 x 1700 tour, or as otherwise appropriate for attendance at
court. A member of the service who must appear in court on a scheduled day off may be
excused from remainder of tour, needs of the service permitting. If excused, the member
will enter “Requested Excusal” on the OVERTIME REPORT (PD138-064) submitted.

A member of the service who becomes unavailable due to a conflicting court


appearance, sick leave, or other condition such as new arrest, change in assignment or
duty chart, will notify the roll call clerk, designated member, sick desk supervisor, or
desk officer. The desk officer/designated supervisor or roll call clerk/designated
member will notify the Appearance Control Unit of the member’s unavailability by
telephone prior to scheduled appearance. The CACS will be updated accordingly. The
requesting agency will also be notified.

Uniformed members of the service who are normally assigned to the Fourth Platoon
(1800 X 0200 hours) that are subpoenaed, directed by Appearance Control Unit, the
CACS or notified by other competent authority, to attend any court, official agency
hearing or training session the following day (Second Platoon), will be notified in
advance and reassigned to perform duty with the Third Platoon (1600 X 2400 hours).

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ADDITIONAL Those uniformed members of the service who are not notified in advance or who are already
DATA performing duty with the Fourth Platoon at the time they receive a notification to attend any
(continued) court, official agency or training session the following day on the Second Platoon, will be
excused from duty, under normal circumstances, at 2400 hours. If the member concerned effects
an arrest and the related paperwork is not completed by 2400 hours or the member concerned is
in the process of performing a police function beyond 2400 hours, that member is not entitled to
be dismissed until all of the police related functions are complete. If the uniformed member of the
service continues to work beyond 0200 hours, the member will be entitled to receive appropriate
overtime compensation in the normal manner. (The excused member is not entitled to receive
any overtime compensation for the time period 2400 to 0200 hours.). Desk officer will make
appropriate notations in the Command Log, and on the roll call and sign out sheet for those
uniformed members of the service who are dismissed at 2400 hours.

In all cases where an appearance notification falls on a member’s regular day off, only that
member’s commanding officer or designee will be permitted to cancel this notification after
personally conferring with and receiving the concurrence of the person who requested the
appearance, (i.e. judge, assistant district attorney, assistant corporation counsel member,
or their supervisor). This includes all court subpoena and verbal instruction cases. Every
effort should be made, with a few rare exceptions, in (RDO) trial preparation and (RDO)
Grand Jury appearance cases, and the defendant is no longer in custody, to cancel the
notification with the verbal concurrence of the assigned assistant district attorney.

A service by telephone message attempting to cancel the notification on the authorizing


person’s voice mail, or a request for a return phone call to have a follow up
conversation on this matter, does not relieve the command from the responsibility of
having this member report to court or other governmental agency as scheduled.

If the requesting agency (e.g. assistant district attorney, assistant corporation counsel), does
not concur with the requested cancellation, the member concerned must appear as scheduled.

If the requesting agency concurs with the cancellation, the commanding officer or designee will
then notify the Appearance Control Unit for all notifications received from that Unit, including
subpoenas and verbal cases that were not initially received from that Unit, or request the
assistant district attorney or their supervisor to enter this cancellation data into the CACS for all
notification cases received via that computerized system. In addition, in all agreed upon
cancellation cases, the member of the service who conferred with the requesting agency will have
a telephone message entry made, indicating the details of the canceled notifications.

A Special Narcotics Appearance Control Unit is located in Queen’s Special Narcotics


Courts. In addition to tasks listed in this procedure, the Special Narcotics Appearance
Control Unit will also place uniformed members of the service on telephone alert when
requested by the Special Narcotics Assistant District Attorney.

CACS passwords are issued by the Criminal Justice Bureau, not Information
Technology Services Division. Requests for passwords should be sent on Typed
Letterhead to the Criminal Justice Bureau at One Police Plaza, Room 204. The request
should include command code, tax number, as well as, full name and a contact name
and phone number.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-05 05/31/18 8 of 8

RELATED Duties and Conduct in Court (P.G. 211-01)


PROCEDURES Prevention of Court Appearance on Scheduled Day Off (P.G. 211-07)
Criminal/Civil Court - Telephone Alert System (P.G. 211-06)
Processing Subpoenas for Police Department Records and for Testimony by Members of the
Service (P.G. 211-15)
Reporting Sick (P.G. 205-01)
First And Third Platoon Arrests (P.G. 208-25)

FORMS AND OVERTIME REPORT (PD138-064)


REPORTS ACTIVITY LOG (PD112-145)
NOTIFICATION (PD406-122)
NOTIFICATION RECAP (PD168-122)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-06

CRIMINAL/CIVIL COURT TELEPHONE ALERT SYSTEM


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To prevent unnecessary court appearances by uniformed members of the service.

DEFINITION CIVIL COURT - as used in this procedure refers to Civil Court and Supreme
Court - Civil Term.

PROCEDURE When notified by Borough Court Section, Appearance Control Unit or the
Computerized Appearance Control System (CACS), that a uniformed member of the
service has been placed on telephone alert for Criminal Court, or upon receipt of a
personal subpoena requiring member’s appearance in Civil Court:

CRIMINAL COURT ALERT:

ROLL CALL 1. Verify that uniformed member of the service:


CLERK a. Is scheduled for duty on date of alert.
b. Is not scheduled for vacation or other leave.
c. Is not scheduled for appearance in another court or at another agency.
2. Make entry in Command Diary under date of alert.
3. Prepare NOTIFICATION (PD406-122) indicating uniformed member
of the service is on telephone standby alert.

NOTE This notification can also be received via Computerized Court Appearance Control
System (CACS), in commands activated for CACS.

4. Deliver NOTIFICATION to desk officer and note on black board that


message is at desk.
5. Assign uniformed member of the service to patrol duty with second platoon.
6. Do not assign uniformed member a meal period prior to 1300 hours.

DESK OFFICER 7. Direct member concerned to signal command every 30 minutes between
1000 and 1300 hours if NOT equipped with portable radio or NOT
assigned to a radio equipped department vehicle.

NOTE If uniformed member of the service is not directed to report to court by 1300 hours, a
telephone alert will NOT be activated that day.

APPEARANCE 8. Notify desk officer, command concerned, that member on telephone alert
CONTROL is required in court.
UNIT

DESK OFFICER 9. Notify member concerned to report to court immediately.

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CIVIL COURT ALERT:

DESK OFFICER 10. Enter attorney’s name, address and telephone number in Command Log
upon receipt at command of personal subpoena for uniformed member of
the service assigned to command.
11. Notify roll call clerk of appearance date.

ROLL CALL 12. Notify appropriate Borough Court Section, Appearance Control Unit, of
CLERK member’s scheduled Civil Court appearance.
a. Inform Appearance Control Unit of any conflicting court
appearances or other reasons member may be unavailable.

NOTE Notification will be made to the Appearance Control Unit where the court is located
although the subpoenaed member’s command is located in another borough.

APPEARANCE 13. Make appropriate Command Log entry of scheduled appearance and
CONTROL UNIT, include uniformed member’s name, command, court case and attorney’s
BOROUGH name, address and telephone number.
CONCERNED

COMMANDING 14. Have uniformed member of the service scheduled to appear in Civil Court
OFFICER assigned to 2nd Platoon on scheduled appearance date.
15. Direct that member concerned signal command every thirty minutes
between 0900 and 1300 hours if not equipped with a portable radio or
assigned to a radio equipped department vehicle.
a. Member will not be assigned a meal period prior to 1300 hours.

APPEARANCE 16. Notify desk officer, command concerned, that member on telephone alert
CONTROL UNIT is required in court.

DESK OFFICER 17. Direct uniformed member concerned to report to Civil Court immediately.

NOTE If uniformed member of the service is not directed to report to court by 1300 hours, the alert will
be cancelled. In addition, if a case is adjourned and the member is not called to appear that date
or the next, the subpoena must be repeated unless a notification is received by the attorney by
1400 hours, in which case the Borough Court Section, Appearance Control Unit, will place the
member on alert for the next court appearance without requiring a new subpoena.

ADDITIONAL A uniformed member of the service on telephone alert who becomes unavailable due to a
DATA conflicting court appearance, sick leave, or other condition such as new arrest, change in
assignment, or duty chart, will notify roll call clerk, sick desk supervisor or desk officer, as
appropriate. THE DESK OFFICER OR ROLL CALL CLERK WILL NOTIFY THE
APPEARANCE CONTROL UNIT, BY TELEPHONE, OF THE MEMBER’S UNAVAILABILITY.

The supervisor assigned to the Appearance Control Unit will notify a commanding
officer in writing, if:
a. The member fails to appear when called OR
b. The member who is on alert appears in court without being called.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-06 08/01/13 3 of 3

RELATED Duties and Conduct in Court (P.G. 211-01)


PROCEDURES Prevention of Court Appearance on Scheduled Day Off (P.G 211-07)
Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05)

FORMS AND NOTIFICATION (PD406-122)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-07

PREVENTION OF COURT APPEARANCE ON SCHEDULED DAY OFF


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To reduce appearances of uniformed members of the service in court on


scheduled days off.
PROCEDURE When appearing in court, before a Grand Jury or another government agency and
the judge sets an adjournment date in conflict with scheduled time off:
UNIFORMED 1. Inform the judge of this fact.
MEMBER OF 2. Request another day in accordance with work schedule.
THE SERVICE 3. Make ACTIVITY LOG (PD112-145) entry if rescheduled date still
poses a conflict. Include:
a. Name of the judge and assistant district attorney
b. Date of appearance
c. Adjournment date
d. Court and part
4. Inform borough court section supervisor assigned to police room of such
scheduling on day off.
BOROUGH 5. Request new date in accordance with member’s work schedule.
COURT a. If unable to obtain new date, sign member’s ACTIVITY LOG
SECTION entry and COURT ATTENDANCE RECORD (PD468-141).
SUPERVISOR
ROLL CALL 6. Make entry in diary when notified that member’s appearance is scheduled
CLERK on a regular day off (RDO) and indicate attempt by borough court section
supervisor to change date.
7. Inform Operations Coordinator when member is scheduled to appear on RDO.
OPERATIONS 8. Contact assistant district attorney concerned when member is scheduled
COORDINATOR to appear on RDO to ascertain necessity for such appearance.
a. Reschedule appearance for a date, other than member’s RDO, if possible.
INTEGRITY 9. Check records relating to court appearances scheduled for RDOs.
CONTROL
OFFICER
ADDITIONAL A uniformed member of the service who must appear in court on a scheduled day off will be
DATA scheduled to begin at 0900 hours or as otherwise appropriate for attendance at court. The length
of the tour shall be consistent with the member’s normal chart. A member returning from court
may be excused upon request, if the exigencies of the service permit. If excused, member shall
enter “Requested Excusal” on the OVERTIME REPORT (PD138-064) submitted.
RELATED Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05)
PROCEDURES
FORMS AND ACTIVITY LOG (PD112-145)
REPORTS COURT ATTENDANCE RECORD (PD468-141)
OVERTIME REPORT (PD138-064)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-08

DOCUMENTING AND REPORTING COURT APPEARANCES


PERTAINING TO ARRESTS ON A WARRANT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/26/14 06/26/14 1 of 2

PURPOSE To carefully document and report any appearances made in court which are
related to arrests on a warrant.

DEFINITION ARRESTING OFFICER - For the purposes of this procedure, an arresting officer
is the detective squad member or any other non-supervisory uniformed member
assigned to arrest persons named on warrants issued by the court.

PROCEDURE When an arresting officer appears in court to process an arrest on a warrant:

ARRESTING 1. Comply with provisions of P.G. 211-01, “Duties and Conduct in Court.”
OFFICER 2. Accompany escorting officer with prisoner to intake area of the court
section, if possible.

NOTE For officer safety considerations, the escorting officer will remain in the intake area of
court section with prisoner until arresting officer returns.

3. Report to the borough court section sign-in room.

NOTE When an arresting officer processing a fugitive warrant cannot report in person to the
court section sign-in room, he/she must contact the borough court section sign-in room
supervisor/personnel via telephone.

4. Prepare and submit COURT ATTENDANCE RECORD (PD468-141)


in all cases to borough court section sign-in room supervisor/personnel.

NOTE Borough court section sign-in room supervisor/personnel will prepare the COURT
ATTENDANCE RECORD and make an entry in the “Live Arrest Tracking Log” when
the arresting officer cannot report in person.

5. Complete arrest processing and return to sign-in room.

NOTE Upon completing the arrest process, the arresting officer who could not report in person
will once again contact the court section sign-in room supervisor/personnel by
telephone and obtain a “Live Arrest Case” tracking number and dismissal time. Both
will be noted in the officer’s ACTIVITY LOG (PD112-145).

6. Return directly to command and deliver COURT ATTENDANCE


RECORD to desk officer, except members in civilian clothes who are
dismissed from court by a police room supervisor.

NOTE If dismissed from court, member concerned must notify desk officer of command, by
telephone; the desk officer will make notation of dismissal on appropriate Department record.

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211-08 06/26/14 2 of 2

ADDITIONAL When an arresting officer does not report in person to the borough court section sign-in room
DATA and overtime is incurred as a result of processing an arrest warrant(s), the arresting officer
will prepare a typed communication. This communication must include the following: name
of the borough court section sign-in room supervisor, the “Live Arrest Case” tracking serial
number, the date, and time of arrival/dismissal. In addition, an OVERTIME REPORT
(PD138-064) will be completed. Both the communication and OVERTIME REPORT must
be attached together and forwarded to the arresting officer’s commanding officer.

COURT SECTION SIGN-IN ROOM LOCATIONS

MANHATTAN
• Supreme and Family Court Warrants
80 Baxter Street, report to basement level between 0800 hours and 1700 hours
100 Centre Street, report to room 132 between 1700 hours and 0800 hours

• Criminal Court Warrants


100 Centre Street, report to room 132 all times

BROOKLYN
• Supreme and Family Court Warrants
350 Jay Street, report to 1st floor, all times

• Criminal Court Warrants


120 Schermerhorn Street, report to room 109, all times

BRONX
• Supreme, Criminal and Family Court Warrants
215 East 161 Street, main floor, room M-2B, all times

QUEENS
• Supreme , Criminal and Family Court Warrants
125-01 Queens Blvd., report to basement, all times

STATEN ISLAND
• Supreme, Criminal and Family Court Warrants
78 Richmond Terrace, report to second floor, all times

RELATED Arrest on a Warrant (P.G. 208-42)


PROCEDURES Duties and Conduct in Court (P.G. 211-01)
Search Warrant Applications (P.G. 212-75)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COURT ATTENDANCE RECORD (PD468-141)
OVERTIME REPORT (PD138-064)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-09

APPEARANCES BY MEMBERS OF THE SERVICE BEFORE


GOVERNMENTAL AGENCIES OR PRIVATE ORGANIZATIONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/19/18 10/19/18 1 of 3

PURPOSE To notify the Police Commissioner when a member of the service (uniformed or
civilian) intends to give testimony or make an official oral or written statement
before a governmental or private organization about matters relating to the
operations or policies of the Department; and to provide guidance to members of
the service who intend to make an unofficial statement before a governmental or
private organization about matters relating to the operations or policies of the
Department.

SCOPE This procedure applies to testimony or statements before governmental agencies


or private organizations by members of the service acting in an official capacity,
who volunteer, are invited, or are subpoenaed to testify or make a statement
regarding Department policy or positions on public matters at any public hearing
or before a governmental agency, court, investigating body, legislative
committee, administrative agency, private organization, etc. AND testimony or
statements before any court or governmental agencies by members of the service
providing character, opinion or expert testimony, who volunteer, are invited, or
are subpoenaed to testify or make a statement.

NOTE This procedure does not apply to members appearing in the normal course of their
duties before criminal or civil courts, the Grand Jury, Corporation Counsel, Department
Trial Room, New York State Department of Corrections and Community Supervision
(DOCCS) revocation hearings, Traffic Violations Bureau, Parking Violations Bureau,
Office of Administrative Trials and Hearings (OATH), etc. Further, this procedure does
not apply to testimony or statements given before governmental agencies or private
organizations by members of the service acting in a non-official capacity when the
speech is not of a confidential nature, who volunteer or are invited or subpoenaed to
testify or make a statement regarding Department policy or positions on public matters
at any public hearing or meeting before a governmental agency, court, investigating
body, legislative committee, administrative agency, private organization, etc. Members
are reminded to avoid conflict with Department policy when lecturing, giving speeches
or submitting articles for publication. Questions concerning fees received will be
resolved by the Chief of Personnel.

PROCEDURE When a member of the service intends to testify or make a statement before a
governmental or private agency in an official capacity or provide character,
opinion or expert testimony:

MEMBER OF 1. Prepare a written request/notification, on Typed Letterhead, in triplicate


THE SERVICE addressed to the Police Commissioner and include a synopsis of the
subject matter to be addressed, as well as the following:
a. Rank
b. Name
c. Tax Registry Number
d. Command

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MEMBER OF e. Name and address of agency/organization


THE SERVICE f. Date and location of testimony/statement
(continued) g. Type of proceeding
h. Date of receipt of subpoena/invitation
i. Name, rank, tax registry number (if known), command of member of
the service or name, address, etc., or for other than a member of the
service, and any other relevant or necessary identifying information
for person concerned, if character testimony is to be given.
2. Forward request/notification no later than five business days before the
date of testimony/statement as follows:
a. ORIGINAL, to Police Commissioner, DIRECT
b. COPY, to Police Commissioner, THROUGH CHANNELS
c. COPY, to Deputy Commissioner, Public Information, DIRECT.

NOTE For voluntary appearances, (not appearances requested by the Department or required by
subpoena or court order) prior written approval from the Police Commissioner is
mandatory. While members of the service directed to appear by personal subpoena are
required to appear by law, written notification to the Police Commissioner is required. Any
questions regarding compliance with a subpoena should be directed to the Legal Bureau.

OFFICE OF THE 3. Notify the member concerned, as necessary, whether the appearance has
POLICE been approved/disapproved.
COMMISSIONER

NOTE If a member of the service is unable to comply with the five business days notice
requirement due to the appearance date mandated by the subpoena, or other reason, the
member of the service must immediately notify the Office of the Police Commissioner or
the Legal Bureau, by telephone.

ADDITIONAL When members of the service intend to speak in a non-official capacity before
DATA community meetings or before gatherings convened by elected officials or candidates for
elective office or their staffs, such members are encouraged to confer with the Legal
Bureau, Legislative Affairs Unit to request background information or assistance,
however, such conferral is not mandatory. Members of the service speaking in an
official capacity are to be guided by P.G. 212-76, “Information Concerning Official
Business of Department.” Conferral with the Legal Bureau, Legislative Affairs Unit, is
not to be considered compliance with the required notifications/approvals for official
statements pursuant to this section.

Members of the service are reminded that when providing testimony/statements in a non-
official capacity, on a matter relating to the operations or policies of the Department,
they must clearly state to the audience they address that they are speaking on their own
behalf and not on behalf of the Department. Additionally, all members of the service are
reminded that matters concerning the official business of the Department must be kept
strictly confidential.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-09 10/19/18 3 of 3

ADDITIONAL Members of the service who testify or make a statement before governmental agencies or
DATA private organizations in a non-official capacity AND members of the service who
(continued) provide character, opinion or expert testimony in their private capacity must do so
during off duty time.

RELATED Processing Subpoenas for Police Department Records and for Testimony by Members of
PROCEDURES the Service (P.G. 211-15)
Subpoenas Issued by Courts Outside New York City (P.G. 211-16)
Conferral With Department Attorney (P.G. 211-20)
Information Concerning Official Business of Department (P.G. 212-76)
Release of Information to News Media (P.G. 212-77)

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-10

TRAFFIC VIOLATIONS BUREAU NOTIFICATIONS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/27/18 03/27/18 1 of 5

PURPOSE To effectively monitor and control appearances by uniformed members of the


service requested to appear at the Traffic Violations Bureau (TVB) for hearings.

SCOPE The New York State Department of Motor Vehicles transmits an electronic copy
of its “TVB Appearance Report” to the Department each business day. This
appearance schedule designates when and where the officer of record will appear
for a summons hearing. It also provides other pertinent information such as
summons number, date and type of violation, defendant’s name, etc.

PROCEDURE To ensure members of the service are notified to appear at hearings conducted by
the Traffic Violations Bureau:

ROLL CALL 1. Access the Omniform system each business day, and print a copy of the
PERSONNEL daily TVB Appearance Report.
2. Review TVB Appearance Report and enter member’s scheduled
appearance in the command’s court diary.
3. Make immediate notification to the TVB office concerned if a member is
unable to appear due to:
a. Sickness
b. Military leave
c. Death in the family
d. Conflicting court appearances
e. Department related emergency (i.e., mobilization, disorder, etc.)
f. Vacation selection (immediately upon receipt of TVB
Appearance Report, roll call personnel must check the
command’s Annual Vacation Selection to identify members
scheduled for vacation)
g. Arrest by member (desk officer or counterpart must notify TVB
with arrest number)
h. Separation from the Department (i.e., resignation, retirement, etc.).
4. Ensure that requests for rescheduling are made at least ten calendar days
before originally scheduled hearing date.
5. Prepare NOTIFICATION (PD406-122) and print officer’s TVB
notification page from Omniform system. Attach NOTIFICATION and
TVB notification printout to officer’s next scheduled roll call.
a. If requested uniformed member has been transferred, immediately
notify that member’s new command via telephone, and make an
appropriate entry in the Telephone Record.
b. If requested uniformed member of the service is retired or no
longer employed by this Department, notify integrity control
officer for preparation of AFFIDAVIT OF NO
RECOLLECTION/SEPARATION FROM SERVICE
(PD360-121).

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NOTE An AFFIDAVIT OF NO RECOLLECTION/SEPARATION FROM SERVICE must


be prepared each time a retired/no longer employed member of the service appears on a
TVB Appearance Report.

ROLL CALL 6. Ensure all TVB hearing cases are included in daily roll calls as
PERSONNEL appropriate.
(continued) 7. Post a copy of the TVB Appearance Report in the muster room of the
command.
8. Ensure that member is NOT scheduled to report to a TVB hearing on
his/her regular day off (RDO).

DESK 9. Ensure that member concerned receives NOTIFICATION and officer’s


OFFICER/ TVB notification printout.
SUPERVISOR 10. Ensure that the issuing officer conducts a warrant check.

UNIFORMED 11. Review copy of NOTIFICATION and immediately notify roll call
MEMBER OF personnel of any conflicts with the scheduled date/time of hearing.
THE SERVICE a. Notify integrity control officer if the notification received
CONCERNED involves a summons issued ten years or more prior to the
scheduled hearing date and there is no independent recollection of
the case.
(1) Request AFFIDAVIT OF NO RECOLLECTION/
SEPARATION FROM SERVICE be prepared.
12. Sign NOTIFICATION and return receipt copy to desk
officer/supervisor.

NOTE Members of the service scheduled to testify at TVB MUST bring and have available for
inspection the “Officer’s” copy of the summons and corresponding ACTIVITY LOG
(PD112-145) for each summons being adjudicated.

INTEGRITY 13. Ensure roll call personnel print and post the TVB Appearance Report,
CONTROL daily.
OFFICER 14. Conduct an investigation to ensure that an officer who claims no
recollection on a case that is ten or more years old has no independent
recollection of the events in question (i.e., request to see officer’s
ACTIVITY LOG entries, etc.).
15. Prepare AFFIDAVIT OF NO RECOLLECTION/SEPARATION
FROM SERVICE and submit to roll call personnel for forwarding if
investigation reveals no independent recollection of the events in question
can be established for summons issued ten years or more prior to the
scheduled hearing date, or if a member of the service notified to appear is
no longer employed by this Department.

DESK 16. Obtain signed receipt copy of NOTIFICATION from member


OFFICER/ concerned and forward to roll call personnel.
SUPERVISOR

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211-10 03/27/18 3 of 5

ROLL CALL 17. Check notification receipts daily to ensure notifications have been
PERSONNEL received and acknowledged by members concerned.
a. Confirm notification in Omniform system.
b. Forward approved AFFIDAVIT OF NO RECOLLECTION/
SEPARATION FROM SERVICE at least ten calendar days
prior to the originally scheduled hearing date to the Department of
Motor Vehicles central Albany office via fax at (518) 473-6535.

TVB POLICE 18. Make entry in Omniform system in all cases where a summons is
ROOM dismissed and the member of the service was unprepared to testify (e.g.,
PERSONNEL no ACTIVITY LOG, and/or ‘Officer’s’ copy of summons, or when
member of the service fails to appear at a TVB hearing.

INTEGRITY 19. Monitor the Omniform system for new TVB unprepared and non-
CONTROL appearance notifications.
OFFICER 20. Investigate circumstances of unprepared or non-appearance at TVB
hearing.

NOTE In the absence of an integrity control officer, the command’s executive officer or
commanding officer must monitor the Omniform system and conduct required
investigations.

21. Notify Internal Affairs Bureau Command Center and obtain log number
when:
a. Investigation of unprepared violation reveals member of the
service has one or more substantiated unprepared violations at
TVB in the preceding twelve month period; or
b. Investigation of non-appearance notification reveals that:
(1) TVB was not notified that the member of the service
concerned was unable to appear prior to appearance date,
and
(2) Reason for non-appearance is not listed in step “3” above
(e.g., emergency day, failed to report to TVB as notified,
etc.), and
(3) The member of the service has one or more previous
unauthorized non-appearances at TVB in the preceding
twelve month period; or
c. Any other circumstance where corruption or misconduct is suspected.
22. Take disciplinary action, if appropriate, in instances where an IAB
notification is not required.
23. Document findings and action(s) taken by entering investigative results in
the Omniform system within fourteen days.

COMMANDING 24. Monitor unprepared non-appearance investigations being conducted by


OFFICER the command’s integrity control officer.
a. Ascertain reasons for non-appearance and take appropriate
action(s) as necessary.
NEW  YORK  CITY  POLICE  DEPARTMENT
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BUREAU/ 25. Ensure integrity control officers investigate unprepared and non-
BOROUGH appearance notifications received from TVB and report findings through
INVESTIGATIONS the Omniform system.
UNIT 26. Forward a copy of the closing report to the IAB Records Unit if court
monitoring investigation is assigned as an Outside Guidelines (OG) case.

IAB COURT 27. Monitor the Omniform system.


MONITORING a. Ensure commands report results of non-appearance investigations,
COORDINATOR via the Omniform system, within fourteen days.
b. Return deficient investigations for necessary corrective action or
further investigation as necessary.
(1) Ensure returned investigations are corrected and re-submitted
via the Omniform system.

ADDITIONAL Whenever it has been determined that a warrant is to be executed at a Traffic Violations
DATA Bureau appearance and the issuing member is excused from duty, a replacement
member will be sent by the command concerned.

TVB appearances are considered court appearances. Conflicting appearances with the
Civilian Complaint Review Board, investigations units, union meetings, training
sessions, Medical Division appointments, etc., are not authorized excusals.
Commanding officers of non-Automated Roll Call System (ARCS) commands will ensure
that roll call personnel forward an updated command roster to the appropriate borough
TVB facility on a monthly basis. These rosters will be prepared in alphabetical order, by
rank and in the following format:

RANK NAME TAX # STEADY CHART PNS/SQD


RDO

TVB personnel will fax a copy of the non-ARCS command rosters to the New York State
Department of Motor Vehicles in Albany via fax (518) 473-7913. In addition, a copy of
all non-ARCS command rosters will be kept on file at each TVB office.

EXTENDED TOURS FOR MEMBERS ASSIGNED TO THE 1ST & 3RD PLATOONS

Uniformed members assigned to the 1st platoon will report to TVB at 0800 hours.
Uniformed members assigned to the 3rd platoon will report direct to TVB at 1415 hours.

The following provisions will apply:


a. Member must attend in business attire
b. This Department reserves the right to reschedule members to the 2nd platoon in
appropriate cases as determined by the Department. In this regard, members
whose appearances will extend to more than three hours may be rescheduled to
the 2nd platoon. These provisions apply only to TVB appearances, and not to
other court appearances
c. Members are not eligible for portal to portal compensation
d. Members on the 1st platoon must notify their commands upon completion of the
appearance. Members on the 3rd platoon must return directly to their commands
upon completion of the appearance.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-10 03/27/18 5 of 5

ADDITIONAL Members will comply with P.G. 211-01, “Duties and Conduct in Court,” and P.G. 211-
DATA 11, “Traffic Violations Bureau Appearances/Computerized Time Slips,” when reporting
(continued) for a hearing.

WHEN OFFICER CLAIMS NO RECOLLECTION ON A CASE THAT IS TEN OR


MORE YEARS OLD

In order to establish a charge at the Traffic Violations Bureau (TVB), uniformed


members of the service must present clear and convincing evidence. Proof could rest on
the recollection of the uniformed member of the service refreshed by contemporaneously
made memoranda. Thus, while an individual uniformed member of the service may have
no recollection of the facts concerning the summons issuance independent of his or her
own ACTIVITY LOG entries, if after having read those ACTIVITY LOG entries, the
uniformed member of the service can speak to the facts from his or her own recollection
sufficient to establish the charge by clear and convincing evidence, then the uniformed
member of the service should appear and testify at the hearing as scheduled. If even
after reading the ACTIVITY LOG entries, the uniformed member of the service is still
unable to testify from recollection, the ACTIVITY LOG entries, if otherwise sufficiently
detailed to establish the charge by clear and convincing evidence, may be read into the
record at the hearing, if the uniformed member of the service is able to testify that (1) he
or she once had knowledge of the entries, (2) the entries were prepared by the uniformed
member of the service, (3) the entries were prepared when the knowledge of the contents
were fresh in the mind of the uniformed member of the service, and (4) the uniformed
member of the service intended when the entries were made, that they be accurate. The
role of the integrity control officer is critical in determining whether a member of the
service should appear at a Traffic Violations Bureau hearing. Integrity control officers
should ensure that effective testimony cannot be offered by the uniformed member of the
service prior to preparation and forwarding of the AFFIDAVIT OF NO
RECOLLECTION/SEPARATION FROM SERVICE. In instances where the
ACTIVITY LOG entries of the officer cannot be located and/or are lacking sufficient
information, the integrity control officer should take appropriate disciplinary action.

RELATED Duties and Conduct in Court (P.G. 211-01)


PROCEDURES Traffic Violations Bureau Appearances/Computerized Time Slips (P.G. 211-11)
Processing Notifications to Appear at Courts and Other Government Agencies (P.G.
211-05)

FORMS AND AFFIDAVIT OF NO RECOLLECTION/SEPARATION FROM SERVICE (PD360-121)


REPORTS NOTIFICATION (PD406-122)
ACTIVITY LOG (PD112-145)
TVB Appearance Report

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-11

TRAFFIC VIOLATIONS BUREAU APPEARANCES/


COMPUTERIZED TIME SLIPS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To record and monitor appearances of uniformed members of the service


required at Department of Motor Vehicles Traffic Violations Bureau hearings.

PROCEDURE When a uniformed member of the service is notified and reports to a Traffic
Violations Bureau office for a hearing:

UNIFORMED 1. Bring the “Officer’s Notes” copy of the summons and corresponding
MEMBER OF ACTIVITY LOG (PD112-145) for each summons being adjudicated at
THE SERVICE Traffic Violations Bureau hearing.
2. Immediately report to Police Sign-In Room supervisor.

UNIFORMED 3. Have uniformed member reporting for hearing logged in computer system
SUPERVISOR immediately.
ASSIGNED TO
T.V.B.

NOTE If the uniformed member’s presence is not entered in the computer system, judges
adjudicating hearings may dismiss cases for non-appearance of police personnel.

UNIFORMED 4. Return immediately to Police Sign-In Room upon conclusion of hearing


MEMBER OF appearance to obtain computerized “Officer Time Slip.”
THE SERVICE

NOTE Department form COURT ATTENDANCE RECORD (PD468-141) will not be used for
Traffic Violations Bureau appearances.

UNIFORMED 5. Have one copy of “Officer Time Slip” delivered to uniformed member
SUPERVISOR and file duplicate copy.
ASSIGNED TO
T.V.B.

UNIFORMED 6. Notify command desk officer/counterpart via telephone immediately upon


MEMBER OF dismissal from Police Sign-In Room and comply with instructions received.
THE SERVICE

DESK OFFICER 7. Make notation of uniformed member’s dismissal and instruction given on
appropriate Department record.

UNIFORMED 8. Deliver “Officer Time Slip” to desk officer/counterpart when instructed to


MEMBER OF return to command, or if otherwise instructed, at earliest possible convenience.
THE SERVICE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-11 08/01/13 2 of 3

DESK OFFICER 9. Review “Officer Time Slips” for accuracy and note time officer returns to
command on time slip.

CLERICAL 10. File “Officer Time Slips” at command in chronological order in separate
MEMBER folder.

INTEGRITY 11. Review “Officer Time Slips” frequently for integrity purposes.
CONTROL
OFFICER

TRAINING 12. Review “Officer Time Slip” Disposition and Code columns frequently for
SERGEANT indications of negative patterns and poor performance skills and take
appropriate corrective action.

NOTE The training sergeant will track the number of times a uniformed member has a case
dismissed for failure to establish a prima facie case that a violation has been committed
and/or cases where the defendant is found “Not Guilty” because the evidence presented
is not clear and convincing. Each month the training sergeant will select the ten
uniformed members of the service with the highest percentage of dismissals due to the
aforementioned reasons. These members will be retrained and/or subject to any other
corrective action(s) as deemed necessary by the commanding officer.

ADDITIONAL The following are dispositions and codes used by Department of Motor Vehicles Administrative Law
DATA Judges when adjudicating moving violations. These items will appear on computerized “Officer
Time Slip” issued to police officers at the conclusion of Traffic Violations Bureau appearances:

DISPOSITIONS CODES
N= Not Guilty 1. Evidence not clear and convincing.
2. Justification.
G= Guilty Disposition Plea at Trial (Contested NONE
cases only.)
W= Guilty with Appearance Disposition (Used for NONE
Appearance Room only.)

NOTE Although the “W” disposition appears on time slips, the police officer concerned had no
effect on this disposition. The motorist plead guilty.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-11 08/01/13 3 of 3

ADDITIONAL
DATA
(continued)

DISPOSITIONS (continued) CODES (continued)

D= Dismissing Case 1. Uninsured, is in fact Insured.


2. Unlicensed, is in fact Licensed.
3. Unregistered, is in fact Registered.
4. Equipment Documents - The motorist presented
proper documentation to the judge. Dismissing the
case by statute.
5. Officer No-Show.
6. No Prima Facie case.
7. Police cannot identify motorist.
8. No recollection.
9. Non-Owner/No Knowledge (uninsured vehicle
cases) - When motorist summoned claims he had
no knowledge that vehicle he/she was operating
was uninsured.

P= Paid Online NONE

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS Officer Time Slip

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-12

HEARINGS AT DEPARTMENT OF MOTOR VEHICLES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/19/13 08/19/13 1 of 1

PURPOSE To provide a member of the service with legal representative when notified to
appear at a Department of Motor Vehicle hearing in connection with a motor
vehicle collision while performing police duty.

PROCEDURE When notified to appear at a hearing in connection with a collision which


occurred when operating a Department vehicle while performing police duty:

UNIFORMED 1. Notify commanding officer.


MEMBER OF
THE SERVICE

COMMANDING 2. Prepare five copies of report on Typed Letterhead containing all facts:
OFFICER a. Include in report transcript of Command Log entry concerning
original incident.
3. Endorse report with following facts, if appropriate:
a. Member of the service was properly performing police duty
b. Guilty of no misconduct
c. Charges have not been or likely to be prepared
d. Request Corporation Counsel be assigned to defend member.
4. Forward original and copy to Deputy Commissioner-Legal Matters.
5. Forward copy to Deputy Commissioner-Management and Budget.
6. Forward copy to Commanding Officer, Fleet Services Division.
7. File fifth copy.

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-13

OFFICIAL APPEARANCES AT
DEPARTMENT OF CONSUMER AFFAIRS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide guidelines for uniformed members of the service requested to appear
at a Department of Consumer Affairs official hearing.

NOTE The Adjudication Division, Department of Consumer Affairs will notify the member of
the service who must appear, through the Court Appearance Control System (CACS).

PROCEDURE When requested by the Department of Consumer Affairs to appear at an official hearing:

APPEARANCE 1. Notify member’s command and authorize scheduled appearance.


CONTROL UNIT

NOTE This notification can also be received via the Computerized Court Appearance Control
System (CACS), in commands activated for CACS.

UNIFORMED 2. Appear as scheduled, in uniform, unless assigned to non-uniformed duty, at


MEMBER OF the Department of Consumer Affairs.
THE SERVICE 3. Prepare COURT ATTENDANCE RECORD (PD468-141), and sign
name in the Police Log to verify presence.
a. Upon arrival, the uniformed member of the service will notify the
Manhattan Court Section’s Police Room to be signed into the
Court Appearance Control System (CACS).
4. Sign out in the Police Log upon completion of the hearing and obtain one
copy of the completed COURT ATTENDANCE RECORD.
a. Notify the Manhattan Court Section’s Police Room to be signed
out of the CACS.

NOTE After 1800 hours the uniformed member of the service will call the Manhattan Court
Section to be signed out.

MANHATTAN 5. Make a Command Log entry when a uniformed member of the service
COURT calls the Manhattan Court Section, after 1800 hours, to confirm member’s
SECTION dismissal from the Department of Consumer Affairs.
SUPERVISOR

UNIFORMED 6. Return to command and deliver COURT ATTENDANCE RECORD to


MEMBER OF the desk officer.
THE SERVICE a. Members in civilian clothes who are dismissed directly, from the
Department of Consumer Affairs will notify the Police Room
Supervisor and their command’s desk officer. Both the Police
Room Supervisor and the desk officer concerned will record the
dismissal in their respective Command Logs.
b. Member will submit the COURT ATTENDANCE RECORD to
the desk officer on the next scheduled tour of duty.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-13 08/01/13 2 of 2

UNIFORMED 7. Telephone the desk officer of assigned command prior to end of tour if it
MEMBER OF appears member will be detained at the Department of Consumer Affairs
THE SERVICE beyond completion of scheduled tour of duty.
(continued)

NOTE The desk officer or designee will be responsible for notifying the Department of
Consumer Affairs promptly by telephone during business hours, or during non-business
hours (answering machine) whenever a member of the service will be unable to appear
for a pending hearing, due to sick leave, death in the family, new arrest, etc. An entry
will be made in the Telephone Record detailing the date/time of notification and the
name of the person contacted (when available) at the Department of Consumer Affairs.

RELATED Duties and Conduct in Court (P.G. 211-01)


PROCEDURES Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05)

FORMS AND COURT ATTENDANCE RECORD (PD468-141)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-14

INVESTIGATIONS BY CIVILIAN COMPLAINT REVIEW BOARD


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/24/19 06/24/19 1 of 3

PURPOSE To facilitate investigations conducted by the Civilian Complaint Review Board;


to protect the rights of members of the service who are the subject of Civilian
Complaint Review Board investigations and witnesses to incidents under
investigation by the Civilian Complaint Review Board; and to process
Department records requested by the Civilian Complaint Review Board.

PROCEDURE Whenever a member of the service (uniformed or civilian) has been directed to
appear before the Civilian Complaint Review Board and/or respond to a Civilian
Complaint Review Board request for Department records.

APPEARANCE 1. Notify member of the service to appear at the Civilian Complaint Review
CONTROL UNIT Board.

MEMBER OF 2. Appear at Civilian Complaint Review Board, as directed.


THE SERVICE a. Bring ACTIVITY LOG (PD112-145) that corresponds to the
date of incident.

NOTE Members of the service who are questioned about incidents being investigated by the
Civilian Complaint Review Board shall fully cooperate in the investigation. When
interviewed by a Civilian Complaint Review Board investigator, or when appearing at the
Civilian Complaint Review Board as the subject of a complaint or a witness to an incident
in connection with an official Civilian Complaint Review Board investigation, all pertinent
information, facts and observations shall be reported. All questions posed by the Civilian
Complaint Review Board investigator, Board panel, or Board member in accordance with
Civilian Complaint Review Board rules and regulations for the conduct of interviews shall
be answered fully and truthfully. Failure to do so shall be grounds for disciplinary action.

UPON NOTIFICATION THAT A MEMBER OF THE SERVICE HAS


REFUSED TO ANSWER QUESTIONS DURING A CIVILIAN COMPLAINT
REVIEW BOARD INTERVIEW OR PROCEEDING:

SUPERVISORY/ 3. Determine if Civilian Complaint Review Board is requesting that member of


RANKING the service be directed by the supervisory/ranking officer to answer questions.
OFFICER 4. Ascertain if member of the service has been notified by the Civilian
CONCERNED Complaint Review Board that answers given in an interview or
proceeding may not be used against the member in a later criminal action.
5. Advise member of the service that refusal to cooperate with the Civilian
Complaint Review Board will result in immediate suspension and
preparation of disciplinary charges.
6. Direct member of the service to answer questions posed by the Civilian
Complaint Review Board.
7. Suspend member if member of the service refuses to answer questions.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-14 06/24/19 2 of 3

DEPARTMENT RECORDS REQUEST:

I.A.B. 8. Forward request for records and/or information to commands concerned.


ADMINISTRATION,
CCRB LIASON

COMMANDING 9. Designate a member of the service to photocopy all pertinent documents.


OFFICER

NOTE Under no circumstances will a command reproduce documents from a request received
directly from the Civilian Complaint Review Board. All such requests, whether verbal or
written, will be referred to the Internal Affairs Bureau Administration, Civilian Complaint
Review Board Liaison. In addition, under no circumstances will original Department records
be removed from a Department facility to comply with documentation requests from the
Civilian Complaint Review Board. Only photocopies will be made and forwarded in this
regard.

MEMBER OF 10. Forward completed request and documents, electronically, within 10 days
THE SERVICE of receipt to:
a. [email protected].

NOTE Upon receipt, the Civilian Complaint Review Board Liaison will review all documents
submitted by commands concerned to ensure that the request has been satisfied.
Thereafter, the Internal Affairs Bureau will forward all pertinent documents to the
requesting Civilian Complaint Review Board investigator.

ADDITIONAL The following Department records may not be released to the Civilian Complaint
DATA Review Board:
a. Records concerning a case that has been sealed pursuant to Criminal Procedure
Law 160.50.
b. Records of sex crimes per Civil Rights Law 50-b.
c. Psychiatric records (without patient consent).
d. Alcohol counseling records (without patient consent).
e. Medical records (without patient consent).
f. P.G. 206-13, “Interrogation of Members of the Service” interviews (without
permission of Deputy Commissioner - Legal Matters).
g. Personnel records of police officers as per Civil Rights Law 50-a.
h. Juvenile records as per Family Court Act 381.3.

The Civilian Complaint Review Board Liaison will confer with the Document Production
Unit, Legal Bureau, whenever questions arise pertaining to Civilian Complaint Review
Board access to sensitive or confidential records. Exceptions to the general rule of non-
disclosure may be made with the necessary approval of the Legal Bureau.

Subpoenas for records received directly from the Civilian Complaint Review Board will be
accepted and a telephone notification will be made to the Civilian Complaint Review Board
Liaison, (212) 741-8409 or 8448. If there is no response, the Internal Affairs Bureau
Command Center will be notified, at (212) 741-8401. The subpoena will then be hand
delivered to the Civilian Complaint Review Board Liaison in a sealed envelope without delay.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-14 06/24/19 3 of 3

ADDITIONAL When records being requested are not available at the command, the specific reason
DATA why the request cannot be satisfied must be indicated. For example, if a particular
(continued) COMPLAINT REPORT (PD313-152) is requested in connection with an incident, and
a comprehensive review of command records indicates that no such report was
prepared, the assigned member will indicate “Complaint Report not prepared.”
Similarly, if a document is lost or missing, this finding will likewise be indicated.
Generic terms, such as “unable to locate” or “not available” will not be accepted. If a
document has been forwarded or is located in another command, this information must
be indicated. The Civilian Complaint Review Board Liaison will redirect all such
requests to the appropriate command.

RELATED Interrogation of Members of the Service (P.G. 206-13)


PROCEDURE

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT(PD313-152)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-15

PROCESSING SUBPOENAS FOR POLICE DEPARTMENT RECORDS


AND FOR TESTIMONY BY MEMBERS OF THE SERVICE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 10

PURPOSE To ensure proper compliance by the Police Department and its members with
lawful court mandates and subpoenas requiring attendance at court or production
of Department records in response thereto.

SCOPE It is the official policy of this Department that the unit that is the repository of a
given Department record has the responsibility to respond in a prompt fashion to a
subpoena demanding the record’s production. A command will not forward a
subpoena to the Legal Bureau, the Central Records Division or to other units within
the Department when record(s) requested is/are present in the subpoenaed command.

DEFINITIONS SUBPOENA - A generic term used in the law to refer to any legal device that
compels the appearance of a person at a specific time and place, usually to give
testimony in a judicial proceeding, or compels the production of certain documents
or items of evidence. A subpoena that compels a person to appear and give
testimony is known as a subpoena ad testificandum. A subpoena that compels the
production of documents or evidence is known as a subpoena duces tecum.

COMMAND LIAISON OFFICER - Every commanding officer/counterpart within the


Department is designated as the command liaison officer who is responsible for the full
implementation of and compliance with this procedure. While commanding
officers/counterparts may delegate the tasks associated with this procedure to
subordinates, they are responsible for their command’s compliance with this procedure.

SUBPOENA RECORD BOOK - A permanent bound record book maintained by


each command (including commands located within a precinct stationhouse,
transit district, police service area, or other Department facility) with the
following captions contained therein:
a. Number (serialized, beginning with 001 each year)
b. Date and time received
c. Type of subpoena (e.g., duces tecum or ad testificandum)
d. Name of member concerned
e. Brief description of records requested
f. Return date
g. Issuing court
h. Title of case (e.g., Smith vs. Jones, People vs. Smith)
i. Party issuing subpoena (e.g., plaintiff, defendant, District Attorney or judge)
j. Fee receipt issued (indicate “No fee or receipt number)
k. Date records forwarded
l. Date court receipt received.

COMMAND SUBPOENA FILE - A file in which photocopies of subpoenas and


requests for Department records by assistant district attorneys and assistant
corporation counsels are filed chronologically, by year, pursuant to this procedure.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-15 08/01/13 2 of 10

DEFINITIONS DOCUMENT PRODUCTION UNIT - A sub-unit of the Legal Bureau charged with
(continued) the responsibility to ensure that all lawful requests for Department records by courts,
prosecutors, government agencies, and private citizens are complied with in a timely
fashion. The Document Production Unit also processes all requests under the
Freedom of Information Law that are received by the Department. The Document
Production Unit is located at One Police Plaza, Room 110-C, New York, NY 10038.

NOTE Under no circumstances will a subpoena or subpoena duces tecum served or received at
a command be forwarded to the Document Production Unit without the express
permission of the Supervisor, Document Production Unit.

PROCEDURE Upon receiving a subpoena that only requires personal appearance by a specific
member of the service to appear in court or otherwise give testimony in a legal
proceeding:

COMMAND 1. Record receipt of subpoena in the Subpoena Record Book, ensuring that
LIAISON all applicable captions are completed.
OFFICER 2. Issue FEE RECEIPT (PD122-017) in accordance with P.G. 212-82,
“Forwarding of Fees to the Audits and Accounts Unit,” if a fee is
tendered with the subpoena.
3. Photocopy subpoena and deliver ORIGINAL to member of the service
concerned.
a. Note Command Serial Number, Fee Receipt number (if
applicable), date, and time of delivery to member concerned on
reverse side of photocopy. Member of the service concerned will
sign photocopy, indicating receipt of subpoena.
4. Direct member of the service to comply with subpoena.
5. File photocopy of subpoena in Command Subpoena File.
6. Notify roll call clerk and ensure that entry is made in Command Diary.
a. Comply with appropriate procedures concerning notifications to
Appearance Control Unit.
7. Ensure that member of the service concerned has appeared in court, or
otherwise, as required by subpoena.

NOTE If a subpoena is received for a member of the service that also requires that the member concerned
produce documents or evidence, other than an ACTIVITY LOG (PD112-145), and the subpoena
has not been marked as “SO ORDERED” by a judge, the member of the service concerned will
comply with the subpoena only in so far as it relates to making the required appearance.
Department records or evidence will not be produced. If the subpoena is “so-ordered,” the named
member will bring the required documents (see ADDITIONAL DATA for further explanation).

Members receiving a subpoena ad testificandum that requires an appearance to give testimony at


other than a trial proceeding are advised that they are not to answer any question without first
consulting with the assistant corporation counsel or assistant district attorney assigned to the case.
If there is no assistant corporation counsel/assistant district attorney assigned to the particular case,
or if the member of the service is unsure regarding such assignment, the Document Production Unit
will be consulted.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-15 08/01/13 3 of 10

UPON RECEIVING A SUBPOENA DUCES TECUM THAT REQUIRES THE


PRODUCTION OF DOCUMENTS ONLY AND DOES NOT REQUIRE A SPECIFIC
MEMBER OF THE SERVICE TO ATTEND AND PRODUCE SUCH DOCUMENTS:

COMMAND 8. Ensure that subpoena duces tecum has been endorsed by judge as “so-ordered.”
LIAISON a. If subpoena duces tecum is not “so-ordered,” make all required
OFFICER subpoena record book entries and indicate in caption marked “Date
of Compliance” the fact that the subpoena was not so-ordered. File
copy of subpoena in rear of Command Subpoena File.
b. If the name and telephone number of the issuing attorney is available,
contact the attorney and advise that unless the subpoena is “so-
ordered,” it will not be complied with. No further action is required.
9. Complete all applicable captions in Subpoena Record Book.
10. Gather photocopies of all documents requested in subpoena that are
maintained at the command (including ACTIVITY LOG entries of
members of the service concerned, if applicable).

NOTE Certain Department records that are subject to subpoena such as a Command Log or
member’s ACTIVITY LOG may also contain information that is unrelated to the facts and
circumstances of the case for which the subpoena was issued. In such a case, unrelated
information should be “redacted” (blocked out or deleted in any other suitable fashion that
ensures that the unrelated information cannot be discerned by the party issuing the
subpoena) from the copy forwarded in compliance with the subpoena. No redactions will
be made to any material forwarded to the Legal Bureau, Corporation Counsel or District
Attorney. Additionally, prior to forwarding copies of any Departmental records to anyone
outside the Police Department other than an assistant district attorney, assistant
corporation counsel or other law enforcement agency, the name, addresses, and telephone
number, and any other data that identifies a victim or witness will be redacted.

Immediate telephone notification to the Document Production Unit is to be made if any


command receives a subpoena ad testificandum or a subpoena duces tecum for the
following Department records:
a. Confidential records, such as personnel folders, or documents relating to
confidential investigations;
b. Records relating to cases that have been the subject of notoriety or publicity;
c. Records relating to sensitive or unusual cases and corruption cases.

Such telephone notification will also be made if there is any doubt as to whether
subpoenaed records should be released. The telephone notification is to be recorded in
the Telephone Record. Instructions received from the Document Production Unit will be
strictly complied with.

While requests for records received from an assistant corporation counsel or an


assistant district attorney do not require a subpoena, if the material requested is
confidential or sensitive as outlined in step a, b or c above, a telephone notification to
the Document Production Unit is required.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-15 08/01/13 4 of 10

COMMAND 11. Prepare and sign “Certification” on OFFICIAL LETTERHEAD (PD158-151).


LIAISON a. If photocopies contain any redactions, use sample Certification
OFFICER letter Number 1 (see Appendix “A”).
(continued) b. If photocopies DO NOT contain any redactions, use sample
Certification letter number 2 (see Appendix “B”).
c. If, after a search for records requested by subpoena, it is discovered
that the records requested DO NOT exist either at the command
receiving the subpoena or at any other command/unit within the
Department, use Certification letter number 3 (see Appendix “C”).

NOTE The command liaison officer may delegate the authority to prepare and sign a
CERTIFICATION to properly trained members within the command.

12. Prepare RECEIPT FOR SUBPOENAED DEPARTMENT RECORDS on


OFFICIAL LETTERHEAD (PD158-151) (see Appendix “D”).
13. Forward copies of records, copy of subpoena, certification, and receipt to
appropriate clerk of court via U.S. Mail or Department mail, where appropriate.
a. Indicate on outside of envelope that envelope contains records
requested via subpoena.
b. Include index, calendar, docket or indictment number as available.

NOTE Under no circumstances will records be forwarded directly to an attorney (other than an
assistant district attorney or assistant corporation counsel) without prior consultation
with the Document Production Unit.

14. Upon receiving receipt acknowledging receipt of records by clerk of court:


a. Attach receipt to copy of subpoena filed in Command Subpoena File.
b. Make note in Subpoena Record Book under caption entitled “Date Court
Receipt Received” that receipt from Clerk of Court has been received.

ADDITIONAL TYPES OF SUBPOENAS:


DATA
Any subpoena, which, by its terms, requires the production of documents or evidence, is
a subpoena duces tecum. Under the relevant statutes of this state, a subpoena duces
tecum directed to a subdivision of a municipal government, such as the Police
Department, must be “so ordered” by a judge. “So ordered” means that the attorney
who desires the documents to be produced has obtained judicial approval for the
subpoena duces tecum in question. If the judge determines that the attorney has a
genuine need for the requested material, the judge will indicate this fact by signing or
initialing the subpoena duces tecum at a caption entitled “so-ordered”.

PHOTOCOPYING RECORDS:

Under no circumstances will original Department records be removed from any


Department facility without the prior approval of a Department attorney or the
commanding officer. Photocopies ONLY will be forwarded. The Document Production
Unit will be notified and consulted whenever court process compels production of
original copies of Department records.
NEW  YORK  CITY  POLICE  DEPARTMENT
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ADDITIONAL DISTRICT ATTORNEY/CORPORATION COUNSEL REQUESTS:


DATA
(continued) Assistant district attorneys and assistant corporation counsels are NOT required to issue a
subpoena for the production of Police Department records. Accordingly, no member of
the service will require or request that a subpoena for records be served by them. Such
document requests will be handled in accordance with P.G. 211-18, “Processing Requests
For Police Department Documents Received From Assistant Corporation Counsels And
Assistant District Attorneys.”

RECORDS UNAVAILABLE AT RECEIVING COMMAND:

If a subpoena is received for records that are not available at the command receiving
the subpoena, the subpoena will be forwarded to the command having custody of the
record. If the subpoena calls for the production of more than one item, and the
receiving command does not have custody of all items requested, the receiving command
will comply with that portion of the subpoena for which the command possesses records.
A photocopy of the subpoena will be forwarded to the command having custody of the
other items requested with a report detailing which portions of the subpoena will be
complied with by the original receiving command.

TRANSFERRED MEMBERS:

A process server who appears at a command to serve a subpoena directed to a member


of the service who has been transferred from the command will be advised of the
member’s new command and directed to make service at the member’s new command.
If the member concerned has retired, the process server will be informed of this fact and
service will not be accepted. If a subpoena is received by other than personal delivery,
the subpoena will be forwarded to the member’s current command. If a subpoena is
received by other than personal delivery and the member has retired, the attorney
issuing the subpoena will be contacted and informed of such fact.

SUBPOENAS THAT CONCERN PERSONAL MATTERS:

Circumstances may arise where a member of the service receives a subpoena in his/her
capacity as a private individual. This situation frequently arises in the context of civil
litigation where the member concerned is involved as a party or as a witness to events,
which occurred while off duty. In such a circumstance, a subpoena may be served upon
such a member at his/her command and service will be accepted. If service is accepted
by someone other than the party named in the subpoena, such as the desk officer, the
party that accepts service must ensure that the subpoena is actually received by the
named party. In such a circumstance, the fee tendered (if any) will be given to the
member concerned along with the subpoena. No further processing of the subpoena is
required. If a member is required to attend court in response to such a subpoena arising
out of his/her private affairs, such appearance will be made on the member’s off-duty
time. Any questions regarding the applicability of this note may be directed to the
Document Production Unit.

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ADDITIONAL NOTIFICATIONS IN UNUSUAL CASES:


DATA a. A member of the service who is to appear as a witness for a defendant in a
(continued) criminal case, or for the plaintiff in a case where the City of New York is a
DEFENDANT, shall notify the assistant district attorney or assistant
corporation counsel of such fact prior to the start of the hearing or trial.
b. If a member of the service receives a subpoena or other type of notification to
appear and testify at a parole revocation hearing, the member concerned will
notify the District Attorney's Office of the appropriate county of such fact.
Notification to the District Attorney concerned will be noted in the command
diary under the date of the scheduled hearing.

RELATED Subpoena Fees and Accounting Procedures (P.G. 212-79)


PROCEDURES Subpoenas Issued by Courts Outside New York City (P.G. 211-16)
Processing Legal Bureau Requests for Department Records Including Requests Under
the Freedom of Information Law (P.G. 211-17)
Processing Request for Police Department Documents Received from Assistant District
Attorneys and Assistant Corporation Counsels (P.G. 211-18)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS FEE RECEIPT (PD122-017)
OFFICIAL LETTERHEAD (PD158-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


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211-15 08/01/13 7 of 10

APPENDIX “A”

CERTIFICATION

DATE: ___________________________

CASE OF: ____________________


versus INDEX # _________________________

DOCKET # _______________________
____________________

STATE OF NEW YORK


COUNTY OF _______________

This is to certify that the enclosed photocopies of:

(List records being forwarded e.g., Complaint Report No., 12345-91 124 Precinct, Activity Log
of PO Smith for 01/01/91, etc.)

are true and complete copies, WITH REDACTIONS, of a record in the custody of the (enter
command) of the Police Department of the City of New York.

________________ ______________________________ _____________________


Rank Signature Command

______________________________
Name Printed

NEW  YORK  CITY  POLICE  DEPARTMENT


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211-15 08/01/13 8 of 10

APPENDIX “B”

CERTIFICATION

DATE: ___________________________

CASE OF: ____________________


versus INDEX # _________________________

DOCKET # _______________________
____________________

STATE OF NEW YORK


COUNTY OF _______________

This is to certify that the enclosed photocopies of:

(List records being forwarded e.g., Complaint Report No., 12345-91 124 Precinct, Activity Log
of PO Smith for 01/01/91, etc.)

are true and complete copies in the custody of the (enter command) of the Police Department of the
City of New York.

________________ ______________________________ _____________________


Rank Signature Command

______________________________
Name Printed

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-15 08/01/13 9 of 10

APPENDIX “C”

CERTIFICATION

DATE: ___________________________

CASE OF: ____________________


versus INDEX # _________________________

DOCKET # _______________________
____________________

STATE OF NEW YORK


COUNTY OF _______________

This is to certify that in response to the attached subpoena, issued in the above
referenced action, the undersigned has conducted a search of New York City Police Department
records and it has been determined that there are no documents within the custody, possession or
control of the Police Department which are responsive to the subpoena.

________________ ______________________________ _____________________


Rank Signature Command

______________________________
Name Printed

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-15 08/01/13 10 of 10

APPENDIX “D”

RECEIPT FOR SUBPOENAED DEPARTMENT RECORDS

DATE: ___________________________

Clerk of Court
Part _______ Room _______
Address of Courthouse
City, State, Zip Code

Dear Sir:
Enclosed please find copies of New York City Police Department records which have been
subpoenaed in the case of _____________________________________________________________
Name of Case

which bears Index # _______________________ and Calendar # __________________ and


Indictment # _______________.

Please endorse this form to indicate that the Court has received the records subpoenaed and
forward the endorsed form to:

Unit/Command
Address
City, State, Zip Code

Attn.: Subpoena Officer

Thank you for your attention to this matter.

Very truly yours,

_______________________________________
Rank Name Command

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-16

SUBPOENAS ISSUED BY COURTS OUTSIDE


NEW YORK CITY
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To determine whether a subpoena issued by a court located outside of New York
City requires a response by the Police Department and, if a response is required,
the nature and extent of such response.
SCOPE The Police Department is frequently served with subpoenas issued by courts located
outside of New York City. Such subpoenas present special problems relating to the
nature of response required by this Department. While subpoenas issued by courts
located within New York City are valid and must be complied with in accordance
with the terms of the subpoena and in the manner set forth in the applicable
Department Manual procedures, subpoenas issued by courts outside of New York
City require special handling and are subject to different rules regarding compliance.
PROCEDURE Upon receipt of a subpoena issued by other than a court located within New York City:
MEMBER OF 1. Issue FEE RECEIPT (PD122-017) in accordance with P.G. 212-79,
THE SERVICE “Subpoena Fees and Accounting Procedures.”
2. Forward subpoena to command liaison officer.
COMMAND 3. Complete all entries in Subpoena Record Book.
LIAISON 4. Determine the response required by utilizing the following guidelines:
OFFICER
SUBPOENA ISSUED BY A NEW YORK STATE COURT:
COMMAND a. When no personal appearance is required by a member of the service:
LIAISON (1) Such a subpoena will be complied with in accordance with P.G. 211-
OFFICER 15, “Processing Subpoenas for Police Department Records and
Testimony by Members of the Service.”
b. When a personal appearance is required by a member of the service:
(1) The Legal Bureau - Document Production Unit should be
consulted.
(a) Instructions received from the Document Production Unit
will be complied with.
(b) Comply with P.G. 212-83, “Leaving City on Police Business.”
SUBPOENA ISSUED BY FEDERAL COURTS:
COMMAND a. CRIMINAL CASES - Valid from any Federal Court in the United States. Subpoena
LIAISON will be complied with in accordance with P.G. 211-15, “Processing Subpoenas for
OFFICER Police Department Records and Testimony by Members of the Service”, if
DOCUMENTS ONLY are required. If an appearance by a member of the service is
required, the Document Production Unit will be notified and in addition to any
directions received from the Document Production Unit, the member of the service
who is the subject of the subpoena will prepare a report, on Typed Letterhead, in
duplicate, addressed to the Police Commissioner, including the following information:
1. Name and location of court
2. Type of proceeding
3. Name of person concerned

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COMMAND 4. Date of receipt of subpoena


LIAISON 5. Reason Police Commissioner was not notified prior to testimony,
OFFICER if applicable.
(continued) 6. Forward REPORT as follows:
(a) Original to Police Commissioner, direct
(b) Duplicate to Police Commissioner, through channels.
b. CIVIL CASES - VALID ONLY WHEN:
1. Served within the district where the court sits, OR
2. Served within one hundred miles of the place of hearing or trial
specified in the subpoena, OR
3. Issued by a Federal Court located within New York State and
served within New York State, OR
4. The subpoena is endorsed by the judge authorizing the extraordinary
service and served in conformance with the endorsement.

SUBPOENA ISSUED BY COURTS OF OTHER STATES:


COMMAND a. CRIMINAL OR CIVIL CASES - NOT VALID:
LIAISON 1. Such subpoenas have no force and effect in the State of New York
OFFICER UNLESS the subpoena has been presented to a New York State judge
and endorsed by the New York State judge for service in New York.

NOTE While the Department has no legal obligation to respond to these subpoenas unless they
are endorsed by a New York State judge, the Department should make every reasonable
effort to assist law enforcement agencies from other jurisdictions. For example,
Department personnel may provide testimony that will be helpful to a criminal
prosecution outside the City of New York. Permission to appear and give such testimony
must be obtained through channels, and all relevant Department procedures regarding
leaving the city on official business must be complied with.
Any time a subpoena is received which requires a member of the service to appear at a
hearing or other judicial proceeding outside the City of New York, the member is
required to comply with P.G. 212-83, “Leaving City On Police Business.” In addition,
if the member is required to appear in court outside of the City, prepare and forward the
REPORT to the Police Commissioner, as outlined above under “CRIMINAL CASES”.
ADDITIONAL Any time a member has a question concerning the validity of a subpoena, the Legal
DATA Bureau - Document Production Unit will be consulted.
RELATED Processing Subpoenas for Police Department Records and for Testimony by Members of
PROCEDURES the Service (P.G. 211-15)
Subpoena Fees and Accounting Procedures (P.G. 212-79)
Processing Legal Bureau Requests for Department Records Including Requests Under
the Freedom of Information Law (P.G. 211-17)
Processing Request for Police Department Documents Received From Assistant District
Attorneys and Assistant Corporation Counsels (P.G. 211-18)
Leaving City on Police Business (P.G. 212-83)
FORMS AND FEE RECEIPT (PD122-017)
REPORTS Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-17

PROCESSING LEGAL BUREAU REQUESTS FOR DEPARTMENT


RECORDS INCLUDING REQUESTS UNDER THE FREEDOM OF
INFORMATION LAW
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/23/15 01/23/15 1 of 4

PURPOSE To ensure prompt, efficient response by the Department to lawful subpoenas and
requests for Department records made by prosecutors, government agencies and private
citizens, including requests made under the Freedom of Information Law (F.O.I.L.).

SCOPE The Department is required by law to comply with statutes such as F.O.I.L. and
court orders, including subpoenas, which command the production of certain
documents in its custody. The Legal Bureau’s Document Production Unit will
assist individual commanding officers/counterparts in fulfilling their responsibility
to comply with subpoenas, government requests and lawful demands made by
private citizens under the Freedom of Information Law (F.O.I.L.).

DEFINITIONS FREEDOM OF INFORMATION LAW - The New York State Freedom of


Information Law (F.O.I.L.) contained in Sections 84 through 89 of the Public
Officers Law, provides that all records kept by a government agency are
presumed to be available for public inspection and/or copying. Exemptions from
this public access requirement are narrowly drawn. The burden of demonstrating
the applicability of specific exemptions lies with the government agency.
DOCUMENT PRODUCTION UNIT - A sub-unit of the Legal Bureau charged
with the responsibility to ensure that all lawful requests for Department records
by courts, prosecutors, government agencies and private citizens are complied
with in a timely fashion. The Document Production Unit also processes all
requests under the Freedom of Information Law that are received by the
Department. The Document Production Unit is located at One Police Plaza,
Room 110C, New York, NY 10038.
F.O.I.L. RECORDS ACCESS OFFICER - The F.O.I.L. Records Access Officer
is the supervisor in charge of the F.O.I.L. Unit within the Legal Bureau’s
Document Production Unit or designee. Any command receiving a F.O.I.L.
request shall immediately forward the request to the Records Access Officer and
notify the requesting party of this action and the location of the Records Access
Officer.

F.O.I.L. APPEALS OFFICER - The F.O.I.L. Appeals Officer is the Deputy


Commissioner, Legal Matters or designee.

COMMAND LIAISON OFFICER - Every commanding officer/counterpart within


the Department is designated as the official Liaison Officer for the purpose of
tracking and expediting requests for records by the Document Production Unit.
While commanding officers/counterparts may delegate the gathering of these
records to subordinates, they will be responsible for their command’s compliance
with all requests from the Document Production Unit.

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NOTE Subpoenas served directly at individual commands will not be forwarded to the Document
Production Unit without the permission of the Supervisor, Document Production Unit. Such
subpoenas are handled in accordance with P.G. 211-15, "Processing Subpoenas for Police
Department Records and for Testimony by Members of the Service.”

PROCEDURE Upon receiving a subpoena, F.O.I.L. request or other demand for Department records:

SUPERVISOR, 1. Record receipt of subpoena, F.O.I.L. request or other demand for records.
DOCUMENT 2. Examine request and determine whether it must be complied with under
PRODUCTION applicable provisions of law and/or Department policy.
UNIT 3. Assign a staff member to process the request.

NOTE The Supervisor, Document Production Unit will make every effort to screen and/or
narrow unnecessary or unduly burdensome requests for Department records.

DOCUMENT 4. Prepare and forward specific request for Department records to the liaison
PRODUCTION officer of the command concerned.
UNIT STAFF 5. Set forth time limits within which the Document Production Unit must
MEMBER receive a response from the command concerned.

NOTE Certain document requests require an expeditious response, such as F.O.I.L. requests.
The Public Officers Law requires that an agency, “within five business days of the
receipt of a written request for a record reasonably described, shall make such record
available to the person requesting it, deny such request in writing or furnish a written
acknowledgment of the receipt of such request and a statement of the approximate date,
which shall be reasonable under the circumstances of the request, when such request
will be granted or denied.” Subpoenas and court orders frequently require production in
court of the records concerned.

COMMAND 6. Record receipt of request for Department records from the Document
LIAISON Production Unit.
OFFICER 7. Gather and photocopy documents requested.
a. Prepare the records for email transmission, if the records are
stored electronically.

NOTE While commanding officers/counterparts may delegate the gathering of these records to
subordinates, the commanding officers/counterparts are responsible for their
command’s compliance with all requests from the Document Production Unit.

8. Forward photocopies in compliance with request within time limits given


by Document Production Unit.
a. If the records are maintained electronically and the Document
Production Unit requests that the records be forwarded in
electronic form, forward the records via Department email to the
assigned Document Production Unit investigator at the email
address provided in the request.

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211-17 01/23/15 3 of 4

COMMAND (1) Attach a scanned copy of the Document Production Unit


LIAISON request to the email.
OFFICER (2) If a scanner is not available, include the Subpoena
(continued) Litigation Unit or F.O.I.L. Unit file number in the email.

NOTE Under no circumstances will original records be forwarded to the Document Production
Unit without the permission of the Supervisor, Document Production Unit.

9. If unable to comply within the time limit set by the Document Production Unit:
a. Make immediate telephone notification to the Document
Production Unit staff member assigned to the case
b. Forward report on Typed Letterhead to Supervisor, Document
Production Unit, within stated time limit indicating:
(1) Date records will be forwarded; and
(2) Reason for delay.
c. Forward records in partial compliance with request if so directed
by Document Production Unit
d. Forward completed copies of all records requested as soon as they
are available.
10. Prepare a report on Typed Letterhead explaining the status of the records and
forward to the Supervisor, Document Production Unit, if the records requested by
the Document Production Unit have been lost, destroyed or are otherwise
unavailable.

SUPERVISOR, 11. Review and forward documents in compliance with court order, F.O.I.L
DOCUMENT request or Department policy, as appropriate.
PRODUCTION
UNIT

ADDITIONAL LEGAL CONSIDERATIONS


DATA
All photocopies forwarded in compliance with the above procedure must be complete,
clear, legible and without alteration. Where commanding officers/counterparts have
concerns about protecting the confidentiality of information contained in these
documents, they must forward an accompanying report on Typed Letterhead to the
Supervisor, Document Production Unit, setting forth the basis for these concerns. The
Supervisor, Document Production Unit is charged with the responsibility to prevent
release of confidential information contained in Department records whenever possible
under law.

FREEDOM OF INFORMATION LAW (F.O.I.L.)

Any individual denied access to a record by the Records Access Officer has the right to
appeal, within thirty days, to this agency’s Appeals Officer, the Deputy Commissioner,
Legal Matters or designee. The Records Access Officer will provide the requesting
individual with specific information needed to make such an appeal.

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ADDITIONAL Members of the public should not be advised that they will obtain the records sought,
DATA since the Freedom of Information Law allows agencies to deny disclosure under certain
(continued) conditions.

All inquiries regarding this law will be referred to the Records Access Officer located at
One Police Plaza, Room 110C, New York, NY 10038. Except as otherwise provided, the
Records Access Officer can charge a fee of twenty-five cents a page for photocopying.

RELATED Processing Subpoenas for Police Department Records and for Testimony by Members of
PROCEDURES the Service (P.G. 211-15)
Subpoena Fees and Accounting Procedures (P.G. 212-79)
Subpoenas Issued by Courts Outside New York City (P.G. 211-16)
Processing Request for Police Department Documents Received From Assistant District
Attorneys and Assistant Corporation Counsels (P.G. 211-18)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-18

PROCESSING REQUEST FOR POLICE DEPARTMENT DOCUMENTS


RECEIVED FROM ASSISTANT DISTRICT ATTORNEYS AND
ASSISTANT CORPORATION COUNSELS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To ensure prompt and complete compliance with requests made by assistant
district attorneys and assistant corporation counsels for any records or reports
compiled by the Police Department concerning a case in litigation or being
prepared for litigation.

SCOPE In order to effectively prepare and maintain a criminal case, the prosecutor is
required by law to have access to all reports, notes, memoranda, test results, or any
forms prepared by law enforcement officers in connection with the facts and cir-
cumstances that form the basis of the prosecution. Certain forms and/or reports
prepared by law enforcement officers are required by the rules of Criminal
Procedure and Case Law to be turned over to the defense at certain points in the
course of the prosecution. The failure to turn over such reports, in a case that has
proceeded to trial and resulted in a guilty verdict, will result in a reversal of the
conviction. This is true even in cases where the prosecutor was not aware of the
existence of the report. Courts have held that the possession of such reports by the
Police Department is the equivalent of possession by the prosecutor, and therefore,
that the failure to turn over the reports possessed by the Police Department must re-
sult in a reversal of any conviction obtained. Therefore, it is imperative that any
member of the service who is involved in the prosecution of a criminal action inform
the assistant district attorney (or the assistant corporation counsel prosecuting a ju-
venile in Family Court) of all reports or notes made in connection with the case no
matter how insignificant the member feels the notes or memoranda might be.

NOTE Members of the service are advised that a request for records received from an assistant
district attorney or assistant corporation counsel does not require an accompanying
subpoena. All such requests for records from an assistant district attorney or assistant
corporation counsel shall be complied with as expeditiously as possible. Such requests
should be on District Attorney’s Office or Corporation Counsel letterhead (or other
form supplied by District Attorney’s Office or Corporation Counsel’s Office) and should
include the following information:
a. Name of Case
b. Name and telephone number of requesting attorney
c. Date of arrest
d. Precinct of arrest
e. Name of arresting officer; and
f. Docket number assigned to case.

PROCEDURE Upon receiving a request by an assistant district attorney or assistant corporation


counsel to provide copies of Department forms, records, reports, or memoranda:

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-18 08/01/13 2 of 2

MEMBER OF 1. Record receipt of request in Subpoena Record Book completing all


THE SERVICE appropriate captions therein.
RECEIVING a. Under caption entitled, “TYPE OF SUBPOENA” enter “D.A.
REQUEST Request” or “Corporation Counsel Request”, as applicable.
b. Under caption entitled “ISSUING COURT” enter the D.A.’s Office
or Corporation Counsel Unit concerned (e.g., N.Y. CO. D.A., etc.).
2. File copy of request in Command Subpoena File.

NOTE If a member of the service receiving a request has any doubts regarding the propriety of
complying with the request, the Legal Bureau - Document Production Unit may be
consulted by telephone.

3. Forward request to appropriate unit within the Department if requested


material is not available at receiving command.
a. Attach report if partial compliance with request is made by
receiving command. Indicate in report what action has been taken
by receiving command and which portion of request requires
action by command to which request is forwarded.
4. Obtain photocopies of all Department forms or records requested that are
available at receiving command.
a. If records requested are of a type only available to a particular
member of the service, such as ACTIVITY LOG (PD 112-145)
entries or scrap paper notes, the member of the service receiving
request will ensure that request is forwarded to appropriate
member. The member who has possession of the requested
material will comply with this procedure.
5. Forward photocopies of records requested to assistant district attorney or
assistant corporation counsel without delay.

NOTE In cases where a summary arrest has been effected, the arresting/assigned officer will make
all reasonable efforts to secure photocopies of all Department forms and reports prepared,
and all personal notes or scrap-paper notes and will make such copies available to the as-
sistant district attorney or assistant corporation counsel concerned at the complaint room.
For arrests processed through Queens or Brooklyn C.A.P.S. Program, or in cases where a
DESK APPEARANCE TICKET (PD260-121) has been issued, the arresting/assigned
officer will include such photocopies in the arrest package forwarded to court.

RELATED Processing Subpoenas for Police Department Records and for Testimony by Members of
PROCEDURES the Service (P.G. 211-15)
Subpoena Fees and Accounting Procedures (P.G. 212-79)
Subpoenas Issued by Courts Outside New York City (P.G. 211-16)
Processing Legal Bureau Requests for Department Records Including Requests Under
the Freedom of Information Law (P.G. 211-17)

FORMS AND ACTIVITY LOG (PD 112-145)


REPORTS DESK APPEARANCE TICKET (PD260-121)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-19

NEW YORK CITY TRANSIT LAW TORTS “QUICK RESPONSE” UNIT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/16 10/18/16 1 of 3

PURPOSE To establish guidelines for a cooperative transfer of information from members


of the service (uniformed/civilian) to members of the New York City (NYC)
Transit Law Torts Division “Quick Response” Unit at a precinct/district or at the
scene of certain incidents.

SCOPE To make members of the service aware that the Torts Division of the New York
City Transit Law Department maintains a “Quick Response” investigatory unit.
The mission of the “Quick Response” unit is to respond to selected incidents
which may present significant exposure of the NYC Transit to a civil law suit.
These are incidents which involve multiple injuries, serious injuries, death, or
that may be the subject of significant media exposure that require quick and
comprehensive fact finding. On occasion, uniformed members of the service will
be requested to furnish information or copies of Department reports relative to
these incidents, to members of the “Quick Response” investigatory unit at the
scene of an incident or at a precinct/district.

DEFINITION RESTRICTED MATERIAL - Documents or information that are the subject of a


criminal investigation, internal disciplinary matter, or are otherwise prohibited by
current orders or law may not be disclosed.

PROCEDURE When information is requested by a member of the NYC Transit Law Torts
Division “Quick Response” Unit:

UNIFORMED 1. Request identification and verify the identity of the individual.


MEMBER OF
THE SERVICE

NOTE Investigators working for the Torts Division must possess and display a NYC Transit
employee pass and a separate law department investigator identification card. This I.D.
card is blue and displays the employees photograph on the reverse side. Further verification
of the investigators identity may be obtained by calling the Law Department Management
Personnel.

2. Refer or direct investigator to the precinct/district of occurrence, after the


identity of the investigator has been verified.

PRECINCT/ 3. Make a Command Log entry indicating the identity of the investigator.
DISTRICT a. Indicate what copies or information were given to the investigator.
DESK OFFICER

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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211-19 10/18/16 2 of 3

PRECINCT/ 4. Provide the investigator with copies of any of the following reports
DISTRICT provided their contents are not in conflict with the definition of
DESK OFFICER RESTRICTED MATERIAL:
(continued) a. AIDED REPORT
b. PROPERTY CLERK INVOICE (PD521-141)
c. MISSING/UNIDENTIFIED REPORT (PD336-151)
d. COMPLAINT REPORT (PD313-152)
e. UNUSUAL OCCURRENCE REPORT (PD370-152)
f. EMERGENCY SERVICE REPORT (PD304-151).

NOTE For further reports or documents prepared in the normal course of an incident
investigation see P.G. 211-18, “Processing Request for Police Department Documents
Received from Assistant District Attorneys and Assistant Corporation Counsels.”

UNIFORMED 5. Refer investigator seeking to interview the involved uniformed member


MEMBER OF of the service to a supervisor for approval, prior to interview.
THE SERVICE

NOTE Interviews of uniformed members of the service are permissible upon approval of a
supervisor provided that all Department provisions relative to the interview of uniformed
members of the service are adhered to, and police operations are not interrupted.

PATROL 6. Verify the identity of the investigator and record in ACTIVITY LOG
SUPERVISOR (PD112-145).
a. Obtain the scope of the questions to be asked of the member of the
service and ensure they do not violate Department provisions or
the definition of RESTRICTED MATERIAL.

TRANSIT 7. Notify NYC Transit Law Department personnel of non-crime incidents


BUREAU resulting in serious injuries to members of the public, as soon as possible after
COMMUNICA- the serious injury occurs. Notifications will be made in the following incidents:
TIONS UNIT a. Death
OPERATIONS b. Amputation or crushed limb
DESK OFFICER c. Fractured skull
d. Severe bleeding
e. Unconsciousness
f. Admitted to hospital in critical condition
g. Four or more persons injured
h. Exposure to toxic substances
i. Injury with media involvement.

NOTE During non-business hours photocopies of reports prepared in accordance with steps 4
and 7 above, will be maintained by the Operations Unit for notification to the New York
City Transit Legal Department the following morning.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-19 10/18/16 3 of 3

ADDITIONAL Notifications will be made to Manhattan, Brooklyn, and Bronx/Queens/Staten Island


DATA NYC Transit Law Department personnel, Monday through Friday (0600 - 2200 hours)
and Saturday/Sunday (0800 - 2200 hours).

RELATED Processing Request for Police Department Documents Received from Assistant District
PROCEDURE Attorneys and Assistant Corporation Counsels (P.G. 211-18)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS AIDED REPORT
PROPERTY CLERK INVOICE (PD521-141)
MISSING/UNIDENTIFIED PERSON REPORT (PD336-151)
COMPLAINT REPORT (PD313-152)
UNUSUAL OCCURRENCE REPORT (PD370-152)
EMERGENCY SERVICE REPORT (PD304-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-20

CONFERRAL WITH DEPARTMENT ATTORNEY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide members of the service (uniformed and civilian) with formal legal
advice in situations arising from the performance of duty.

PROCEDURE When a member of the service (uniformed or civilian), requires formal legal
advice, in the performance of duty, he will:

UNIFORMED 1. Present facts to the supervisory officer.


MEMBER OF
THE SERVICE

SUPERVISORY 2. Determine whether conferral with a Department attorney is necessary and


MEMBER advise member accordingly.
3. Direct member to contact Department attorney, when deemed necessary,
between 0700 and 2300 hours, Monday through Friday, in person or by
telephone.
a. Contact commanding officer/duty captain for guidance and
assistance in urgent cases during other than the above hours.

NOTE When absolutely necessary, a captain or above may contact the Deputy Commissioner,
Legal Matters or the Commanding Officer, Legal Bureau, through the Operations Unit
during other than the aforementioned hours.

UNIFORMED 4. Confer with Department attorney.


MEMBER OF 5. Report results of conferral with Department attorney to supervisory
THE SERVICE officer.

SUPERVISORY 6. Have Command Log entry made to indicate conferral, including:


MEMBER a. Date and Time
b. Name rank and command of member requesting opinion
c. Name, rank and command of captain or above, if request made
outside regularly specified hours
d. Attorney’s name and civil service title
e. Details of legal question
f. Details of legal opinion
g. Actions taken as a result of conferral.

UNIFORMED 7. Comply with directions received from Department attorney.


MEMBER OF
THE SERVICE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-20 08/01/13 2 of 2

ADDITIONAL After conferral with a Department attorney, if a member seeks or receives contrary
DATA advice from a supervisor or assistant district attorney, the member MUST inform the
individual providing the contrary advice of such prior conferral. If a suggestion is then
made to disregard or modify the advice of the Department attorney, the member or the
supervisor concerned MUST notify the Department attorney of the circumstances, and
MUST FOLLOW THE DEPARTMENT ATTORNEY’S ADVICE. Members of the service
(uniformed and civilian) should be aware that in disregarding legal advice offered by
Department attorneys, they may be subject to disciplinary action and civil liability. If a
written request for legal opinions is required, prepare request on Typed Letterhead,
signed by the commanding officer and forward through channels to the Legal Bureau.

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Court and Agency Appearances Procedure No: 211-21

OBTAINING ASSISTANCE OF CORPORATION COUNSEL


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/13/14 03/13/14 1 of 5

PURPOSE To ensure that legal representation is provided to a member of the service (uniformed or
civilian) who is served with a summons and complaint or who otherwise becomes aware
that he/she is a defendant in a civil lawsuit arising from an alleged act or omission that
occurred in the performance of duty. Timeliness is essential to prepare a response. Failure
to complete and forward REQUEST FOR LEGAL ASSISTANCE (PD411-160) in a
timely manner may result in a default judgment being entered against the member named
as a defendant.

PROCEDURE When a member of the service is served with a summons and complaint or
otherwise becomes aware that he/she is a defendant in a civil lawsuit:

WHEN SUMMONS AND COMPLAINT IS PERSONALLY SERVED UPON


A MEMBER OF THE SERVICE AT THEIR COMMAND
DESK OFFICER/ 1. Accept service of summons and complaint for a member assigned to the
SUPERVISOR command.
AT COMMAND
NOTE Any summons and complaint served at a satellite location of an overhead command, will be
accepted by that satellite command and processed as per this procedure. This includes, but is not
limited to, a precinct detective squad, any Medical Division command, Warrant Division
command or any other satellite location in which there are no police officer safety concerns. If
there are any police officer safety concerns (i.e., narcotics, vice enforcement or other command
with undercover officers assigned), refer the server and the summons and complaint to the
overhead command.
2. Make Command Log entry including date and time of service at
command.
3. Notify member concerned immediately.
4. Deliver papers to member.
a. Give papers to commanding officer, without delay, if member is
unavailable (e.g., sick leave, vacation, etc.).
NOTE If commanding officer is unavailable, give papers to executive officer. The executive officer
will assume responsibility for completing the steps designated for the commanding officer.
5. Make Command Log entry including date and time member actually
received summons and complaint.
NOTE A summons and complaint WILL NOT be accepted from a process server for a member
who is no longer assigned to the command on the date of service. The process server
will be directed to the member’s new command.
WHEN SUMMONS AND COMPLAINT IS SERVED BY MAIL UPON A
MEMBER OF THE SERVICE AT THEIR COMMAND

OPERATIONS 6. Attach mailing envelope to the summons and complaint.


COORDINATOR

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-21 03/13/14 2 of 5

OPERATIONS 7. Make Command Log entry indicating receipt via US Mail or other carrier.
COORDINATOR a. Include date and time of service at command.
(continued) 8. Notify member concerned immediately.
9. Deliver papers to member.
a. Give papers to commanding officer without delay if member is
unavailable (e.g., sick leave, vacation, etc.).

NOTE If commanding officer is unavailable, give papers to executive officer. The executive officer
will assume responsibility for completing the steps designated for the commanding officer.

10. Make Command Log entry including date and time member actually
received summons and complaint.
11. Mail summons and complaint back to sender if member is no longer
assigned to command or has retired.
a. Forward a letter on OFFICIAL LETTERHEAD (PD158-151) to
sender indicating member’s present command or retired status (see
APPENDIX “A”).

NOTE Service may be made in certain circumstances by sending two (2) copies of the summons and
complaint along with an “Acknowledgement of Service” or “Waiver of Service” by mail to the
member’s command. The operations coordinator will ensure to attach the mailing envelope to the
summons and complaint. An “Acknowledgement of Service” or a “Waiver of Service” is a request
by the plaintiff to avoid the cost of personal service. If the member wishes to waive personal service
by signing the “Acknowledgement of Service” or “Waiver of Service,” a process server will not be
sent to the member’s home or command. If the member does not agree to waive personal service,
certain costs (e.g., plaintiff’s cost to have summons served, etc.) may be assessed against the
member at a later date. If the member decides to sign the “Acknowledgement of Service” or
“Waiver of Service,” a copy will be sent to the Legal Bureau with the envelope, summons and
complaint, and REQUEST FOR LEGAL ASSISTANCE (PD411-160). Should the member
of the service need further guidance, the Legal Bureau, Civil Section should be contacted.
MEMBER 12. Prepare “Part A” of REQUEST FOR LEGAL ASSISTANCE (PD411-
CONCERNED 160).
13. Retain “PINK” copy and a copy of the summons and complaint for
personal records.
14. Deliver “BLUE” and “WHITE” copies of REQUEST FOR LEGAL
ASSISTANCE with original summons and complaint (if served), and
envelope (if served by mail), to current commanding officer immediately.
MEMBER’S 15. Prepare “Part B” of REQUEST FOR LEGAL ASSISTANCE.
CURRENT a. Contact Internal Affairs Bureau’s Records Unit to determine if an
COMMANDING investigation was conducted regarding the incident and provide
OFFICER name and tax registry number of the individual contacted
b. Contact Department Advocate’s Office to determine if there are
charges and specifications regarding the incident and provide
name and tax registry number of the individual contacted
c. Determine whether recommendation should be made to have Corporation
Counsel represent the member based on information available.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-21 03/13/14 3 of 5

MEMBER’S 16. Distribute as follows:


CURRENT a. “WHITE” copy of REQUEST FOR LEGAL ASSISTANCE form,
COMMANDING with original summons and complaint (if served) and envelope (if served
OFFICER by mail), immediately and without delay, DIRECT to: Legal Bureau,
(continued) Room 1406, One Police Plaza, Monday through Friday, 0900 to 1700
hours
b. “BLUE” copy of REQUEST FOR LEGAL ASSISTANCE form,
with duplicated copies of summons and complaint (if served) will be
FILED at the command
c. Copy of the fully executed REQUEST FOR LEGAL ASSISTANCE
to the member concerned.

COMMANDING 17. Review all documents received in connection with request for legal
OFFICER, assistance and forward completed REQUEST FOR LEGAL
LEGAL BUREAU ASSISTANCE to Corporation Counsel.
18. Contact the Corporation Counsel on a quarterly basis to determine the
names of all members of the service and the names of any cases for which
REQUESTS FOR LEGAL ASSISTANCE have been declined by the
Corporation Counsel during the preceding ninety day period.

MEMBER 19. Contact the Legal Bureau ten business days after commanding officer has
CONCERNED forwarded REQUEST FOR LEGAL ASSISTANCE to ensure it has
been received.
a. Notify commanding officer if REQUEST FOR LEGAL
ASSISTANCE has not been received by the Legal bureau.
20. Contact private counsel and/or union to obtain legal representation, when
Corporation Counsel has declined representation in the legal case.

NOTE All sections of the REQUEST FOR LEGAL ASSISTANCE must be completed in full. Failure to
complete the form will result in it being returned to the command and will delay a representation
determination by the Corporation Counsel. Members of the service may contact the Legal Bureau,
Civil Section with any questions.

ADDITIONAL When serving process upon active members of the service, a process server will respond to the
DATA command where the individual is assigned or to the parent command if the command where the
individual is assigned is confidential. Service at the command need not be made directly on the
member named as a defendant.
A member of the service who is served with a summons and complaint or who otherwise becomes
aware that he/she is a defendant in a civil lawsuit arising from an alleged act or omission that
occurred in the performance of duty will be defended by the Corporation Counsel and the City will
pay any resulting judgment, if it is determined in accordance with the General Municipal Law
(Section 50-k) that at the time of occurrence, the member of the service was acting in the proper
discharge of duty. Notice of representation by the Corporation Counsel will be forwarded to the
member concerned by the Corporation Counsel. The member concerned must cooperate and assist
the Corporation Counsel in defending the action. Failure to cooperate with the Corporation
Counsel may result in withdrawal of representation.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-21 03/13/14 4 of 5

ADDITIONAL A “Notice of Claim” is required before commencement of a tort action against the City of New
DATA York. However, service of a “Notice of Claim” on the Police Department is considered
(continued) IMPROPER service and may provide the basis for dismissal of a complaint. A “Notice of Claim”
should NOT be accepted by any member of the Department and the process server should instead
be directed to the Office of the Comptroller. Any “Notice of Claim” mailed to the Department
should be returned to sender.

A REQUEST FOR LEGAL ASSISTANCE should NOT be prepared for a subpoena. If a


subpoena is received, members of the service will comply with P.G. 211-15, “Processing
Subpoenas for Police Department Records and for Testimony by Members of the Service” or
P.G. 211-16, “Subpoenas Issued by Courts Outside New York City.”

RELATED Processing Subpoenas for Police Department Records and for Testimony by Members of
PROCEDURES the Service (P.G. 211-15)
Subpoenas Issued by Courts Outside New York City (P.G. 211-16)

FORMS AND REQUEST FOR LEGAL ASSISTANCE (PD411-160)


REPORTS OFFICIAL LETTERHEAD (PD158-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

211-21 03/13/14 5 of 5

APPENDIX “A”

(SAMPLE LETTER)

(Command Communication Log Serial Number) _____________

Date _____________

Name of Plaintiff
Address of Plaintiff

Re: CASE NAME

Dear ___________:

The attached papers are being returned to you. This office is not authorized to
accept service on behalf of (name of member of the service). As such, the attempted service is
not effective. Members of the New York City Police Department must be served at their current
command of assignment. The command to which an employee of the New York City Police
Department is assigned to may be ascertained by calling the Verification Unit at (646) 610-
5529.

Sincerely,

Name
Rank

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-01

ROLL CALL FORMATIONS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To inspect, instruct and conduct roll call of uniformed members of the service.

PROCEDURE Five minutes after the start of tour of duty:

PATROL 1. Assemble platoon in ranks in sitting or muster room.


SUPERVISOR

NOTE Either muster or sitting room may be utilized at discretion of commanding officer.

2. Make assignments.
3. Inspect the platoon.
a. Allow uniformed members concerned to reasonably demonstrate
that a protective vest is being worn.
b. List members deficient in uniform, equipment or personal appearance.
c. Reprimand and instruct deficient members privately.
d. Follow up to determine if corrections have been made; take
disciplinary action if necessary.

NOTE Upon notification that a protective vest inspection will be conducted by the patrol
supervisor, it is incumbent on the uniformed member concerned to take appropriate
actions to demonstrate that a protective vest is being worn. Such actions may include,
but are not limited to:
a. Raising, removing, unbuttoning top garment so as to expose the protective vest,
to visual inspection, OR
b. Patting on the front and rear of the protective vest so as to produce a sound, OR
c. Any other manner which will indicate to the patrol supervisor that the protective
vest is being worn.
Uniformed members of the service are reminded that only authorized/approved
protective vests will be worn.

4. Report personally to desk/ranking officer, members absent and reason, if known.


5. March the platoon, when directed, into muster/sitting room.
6. Face platoon toward desk/ranking officer conducting roll call and dress
up platoon.
7. Take position at front-center of platoon.

DESK OFFICER 8. Direct, “Report (1st, etc.) platoon.”

PATROL 9. Salute desk/ranking officer.


SUPERVISOR 10. Report, “Platoon inspected.”
11. Command, “Parade rest.”

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-01 08/01/13 2 of 2

DESK OFFICER 12. Conduct roll call.


13. Issue necessary instructions.
14. Command, “Post your platoon.”

PATROL 15. Assume position of attention.


SUPERVISOR 16. Command, “Platoon attention.”
17. Face platoon in direction to be marched.
18. Instruct platoon not to congregate in groups around the stationhouse.
19. Direct members of platoon to leave stationhouse for post or assignments
at selected intervals.

ADDITIONAL Sergeants, police officers and detectives required to report in uniform to a location
DATA within the geographic boundaries of the precinct to which assigned at the beginning of
their tour, shall be given sufficient travel time within the tour.

RELATED Uniforms (P.G. 204-03)


PROCEDURES Inspection of Uniforms (A.G. 305-06)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-02

MEAL PERIOD
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/19 08/28/19 1 of 3

PURPOSE To provide for meal periods, obtain authorization for out of command meal,
obtain approval from competent authority for meal period and report meal
location to radio dispatcher.

PROCEDURE When commencing meal period:

UNIFORMED 1. Take meal in either a police facility, bonafide restaurant or Department vehicle.
MEMBER OF 2. Notify radio dispatcher at beginning of meal, of location where meal is to
THE SERVICE be taken.
a. If meal is to be taken in a Department facility, notify the desk
officer.
NOTE Uniformed members of the service shall commence and end their meal period on
assigned post. Travel time to and from a meal location is not authorized.

UNIFORMED 3. Obtain meal on assigned post, if possible, and in a place maintained for
MEMBER OF eating purposes.
THE SERVICE 4. Make ACTIVITY LOG (PD112-145) entry prior to leaving post
ASSIGNED TO including meal location address, and again upon returning to post.
FOOT/TRAIN 5. Inform radio dispatcher upon return to post and make ACTIVITY LOG entry.
PATROL

UNIFORMED 6. Notify radio dispatcher, by appropriate code signal, prior to commencing


MEMBER OF assigned meal period and upon return to patrol and provide:
THE SERVICE a. Address when meal taken in restaurant
ASSIGNED TO b. Nearest intersection when meal taken in Radio Motor Patrol (RMP)
RMP c. “Stationhouse” when meal taken in command facility.
7. Remain in area designated by commanding officer, if meal is taken within
command facility.
a. Be available for assignment by desk officer.
8. Acknowledge calls directed to unit and:
a. Remain within assigned sector, when practical
b. Do not park more than one Department vehicle in the same place at
the same time
c. Comply with any request for police service and make ACTIVITY
LOG entry.
9. Notify desk officer when deprived of scheduled meal due to police service.
NOTE Uniformed members of the service assigned to the Transit Bureau or Chief of Special
Operations, while assigned to duty in RMP, may take a meal period within their
geographic area of assignment. Uniformed members of the service assigned to the
Housing Bureau, may take a meal period in a bonafide restaurant, Department vehicle
or police facility within the boundaries of the precinct in which the member is assigned
to for that tour. Housing Bureau members may also take meal at a Police Service Area
facility as determined by the Chief of Housing. All uniformed members of the service
assigned to duty in RMP will adhere to steps 6 a through c, when requesting meal.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-02 08/28/19 2 of 3

DESK OFFICER 10. Take meal, when appropriate, providing another supervisor is assigned to
cover desk officer responsibilities and is able to provide continuous police
service within the command.
11. Make accommodations, if possible, so that members are not deprived of meal,
if their originally scheduled meal is delayed due to police services rendered.
a. Assign a police officer for relief of RMP operator or recorder,
when necessary.
b. Assign a police officer to provide meal relief for member assigned
to fixed post, if available.

ASSIGNED 12. Remain in view on post at time of relief when assigned to relieve radio
MEAL RELIEF motor patrol unit for meal.
OFFICER a. Assume all duties of recorder during relief period.

RMP 13. Transport relieved member directly to meal location.


OPERATOR

UNIFORMED 14. Notify desk officer if radio motor patrol fails to return within fifteen
MEMBER OF minutes after end of meal period.
THE SERVICE
ON MEAL

PATROL 15. Notify radio dispatcher, via landline, from meal location when
SUPERVISOR commencing meal period.
a. Make ACTIVITY LOG entry at beginning of meal (include
address of meal location) and upon conclusion of meal period.

UNIFORMED 16. Request permission from immediate supervisor prior to taking meal.
MEMBER OF 17. Notify immediate supervisor of intended meal location.
THE SERVICE a. If immediate supervisor is unavailable, notify bureau/borough
PERFORMING operations desk/Field Operations Desk (FOD) of intended meal
DUTY IN location.
CIVILIAN 18. Document name of supervisor notified and meal location in appropriate
CLOTHES Department record (ACTIVITY LOG, movement log, etc.).

ADDITIONAL Members on meal period are still on duty and therefore will remain alert and not engage
DATA in any activity ordinarily prohibited.

The commanding officer of a precinct may designate a portion of an adjoining precinct


where members may obtain meals during the hours a suitable eating facility is not
available within the precinct of assignment. Such designation shall be forwarded on Typed
Letterhead to the appropriate borough commander.

Whenever any uniformed member of the service, regardless of assignment, is authorized


to leave the command or assignment to obtain a meal in another precinct, such member
will, in addition to other requirements:
a. Request and obtain permission from immediate supervisor to leave the command
and advise that supervisor of the intended meal location
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-02 08/28/19 3 of 3

ADDITIONAL b. If such member is unable to notify their immediate supervisor, the member is then
DATA required to notify their individual bureau/borough operations desk/FOD of their meal
(continued) location. This notification will also include their scheduled tour of duty and the
expiration of their tour
c. Enter in appropriate Department record (e.g., ACTIVITY LOG, movement log, etc.)
the name of the supervisor notified and the location where the meal was taken.

All on-duty members of the service, whether in uniform or civilian clothes, are strictly prohibited
from consuming intoxicants in any amount. This includes members during their meal period.
However, members assigned to duty in civilian clothes may be granted permission by the bureau
chief/counterpart concerned based upon the nature of the member’s assignment.

Police officers that are normally scheduled to work an eight or nine hour tour of duty may be
scheduled for a one hour meal period. Police officers normally assigned to work a twelve hour
tour of duty will be scheduled two, non-consecutive, forty-five minute meal periods.

Members are not to be assigned meal periods during the first or last hour and one-half of their
tour, except in emergency situations.

A member must be scheduled for eight consecutive hours of duty to be eligible for a meal period.
If a police officer is scheduled for a full tour of duty and requests an excusal from duty of three
hours or less, that police officer will be eligible for a meal period provided that the police officer
requests that partial excusal prior to the start of the scheduled tour of duty.

While on extended tour overtime for an arrest or other police necessity, a meal period may be
granted by a supervisor to a uniformed member of the service only if their assigned meal period
was denied during their regularly scheduled tour. However, such meal period may not be
granted if the meal period interferes with arrest processing or the needs of the service. Under no
circumstances will a rescheduled meal period on extended tour overtime be assigned during the
last hour of overtime. Once the event that necessitated the extended tour overtime ends, a
member who has not yet taken a meal period is precluded from taking any meal thereafter.
Absent exigent circumstances during extended tour overtime, uniformed members of the service
who had taken their assigned meal period during their regularly scheduled tour may be granted
a break or break periods commensurate with the expected duration of overtime.

Uniformed members of the service in the rank of police officer, assigned to outside details (e.g.,
parades, events, etc.), should be granted a one hour meal period absent exigent circumstances.
Police officers assigned to outside details who are denied a one hour meal period are entitled to
a credit of one hour compensatory time at straight time. However, this credit is not available to
police officers whose meal was denied due to exigent circumstances. Commanding officers of
outside details are responsible to ensure that police officers are assigned and granted one hour
meal periods absent exigent circumstances. Detail supervisors shall assign meal periods prior to
posting the detail. If exigent circumstances prevent the granting of meal periods, commanding
officers of outside details are responsible to submit a written communication to the Deputy
Commissioner, Labor Relations detailing the actual exigent circumstances. The Police
Commissioner will then make a final determination if exigent circumstances did exist.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-03

EXPIRATION OF TOUR
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To account for members at the completion of their tour of duty.

PROCEDURE Upon completing a tour of duty:

UNIFORMED 1. Leave post and proceed directly to stationhouse.


MEMBER OF 2. Contact the desk officer one hour prior to the end of tour when on
THE SERVICE assignment requiring relief, and request instructions.
ON FOOT 3. Comply with instructions of commanding officer when assigned to a
PATROL special post.
4. Complete, sign, and submit reports as required.
5. Return portable radio and sign checkout record as specified by
commanding officer.

RMP CREW 6. Complete current assignment if any.


a. Comply with desk officer’s instructions if assignment can be
transferred to another unit.
7. Proceed to stationhouse and park in RMP relief area as designated by
commanding officer.
8. Remain with RMP until relieved.

RMP 9. Inform relieving operator of any incomplete assignment or any defect or


OPERATOR condition relating to the auto.
10. Secure auto and deliver keys to desk officer if RMP car is not being used
on the next tour.

UNIFORMED 11. Sign return roll call in uniform.


MEMBER OF 12. Notify desk officer if unable to report to the stationhouse at the end of the
THE SERVICE tour.

DESK OFFICER 13. Check return roll call to account for all members from previous tour and
sign as required.
14. Conduct immediate investigation if member failed to sign return roll call.

ADDITIONAL Uniformed members of the service who are normally assigned to the Fourth Platoon
DATA (1800 X 0200 hours) that are subpoenaed, directed by the Appearance Control Unit or
notified by other competent authority, to attend any court, official agency hearing or
training session the following day (Second Platoon), will be notified in advance and
reassigned to perform duty with the Third Platoon (1600 X 2400 hours).

Those uniformed members of the service who are not notified in advance or who are
already performing duty with the Fourth Platoon at the time they receive a notification
to attend any court, official agency or training session the following day on the Second
platoon, will be excused from duty, under normal circumstances, at 2400 hours.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-03 08/01/13 2 of 2

ADDITIONAL If the member concerned effects an arrest and the related paperwork is not completed by
DATA 2400 hours or the member concerned is in the process of performing a police function
(continued) beyond 2400 hours, that member is not entitled to be dismissed until all of the police
related functions are complete.

If the uniformed member of the service continues to work beyond 0200 hours, the officer
will be entitled to receive appropriate overtime compensation in the normal manner.
(The officer is not entitled to receive any overtime compensation for the time period
2400 to 0200 hours.)

Desk officer/counterpart will make appropriate notations of those uniformed members of the
service who are dismissed at 2400 hours in the Command Log, roll call or sign out sheet.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-06

RADIO MOTOR PATROL TRANSPORT RESERVE SURGEON


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 1

PURPOSE To provide transportation for the reserve surgeon when his/her services are
required within the city.

PROCEDURE When a reserve surgeon requires transportation to render services within the city:

SICK DESK 1. Request that Communications Section dispatch a radio motor patrol car to
SUPERVISOR transport the surgeon.

COMMUNICATIONS 2. Contact Highway District.


SECTION
3. Make arrangements for a radio motor patrol car to meet surgeon.
4. Notify desk officer of the RMP’s command of the assignment.

DESK OFFICER 5. Reassign recorder.

R.M.P. 6. Transport surgeon to location and back to home, office, or precinct


OPERATOR stationhouse/police service area/transit district, as directed.
7. Notify Communications Section dispatcher and desk officer upon
completion of assignment.

DESK OFFICER 8. Reassign recorder to RMP.

NOTE When the Reserve Surgeon is located outside the city, he/she will proceed to the 50th or
105th Precinct stationhouse, as appropriate, where a RMP will meet him/her.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-07

TRANSPORTING NON-MEMBERS OF THE SERVICE IN


RADIO MOTOR PATROL CARS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To record instances when non-members of the service are transported in police
vehicles.

DEFINITION NON-MEMBERS - Persons not members of the service including prisoners,


complainants, witnesses, abandoned children, lost persons and mentally ill
persons, and others as necessary.

PROCEDURE When it is necessary to transport a non-member in a radio motor patrol car:

RMP 1. Obtain permission from the patrol supervisor or desk officer, if possible.
RECORDER 2. Notify the radio dispatcher at the start and conclusion of the trip.
3. Search passenger area of vehicle for contraband, weapons or other
property immediately upon conclusion of trip.
4. Enter in ACTIVITY LOG (PD112-145):
a. Time trip starts
b. Identity of persons transported
c. Place of beginning and end of trip
d. Purpose of trip
e. Time trip ends
f. Results of vehicle inspection.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-08

ACTIVITY LOGS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/02/17 02/02/17 1 of 3

PURPOSE To accurately record activities of uniformed members of the service and aid in
the evaluation of such members.

SCOPE ACTIVITY LOGS (PD112-145) are prepared by all uniformed members of the
service below the rank of captain, except members performing permanent
administrative or clerical duties. However, when any uniformed member below
the rank of captain is assigned to a detail, e.g., parade, election duty, etc., the
member concerned will maintain and make required entries in an ACTIVITY
LOG.

PROCEDURE Upon reporting for a tour of duty:

UNIFORMED 1. Record in ACTIVITY LOG:


MEMBER OF a. Required information from roll call, before start of tour, including:
THE SERVICE (1) Day, date and tour
(2) Assignment (post, sector, RMP number, etc.)/Two primary
conditions to be addressed within assigned sector/post, if
applicable
(3) Meal time
(4) Name of operator/recorder/partner, when applicable
(5) School crossing or church crossing, if applicable.
b. Result of vehicle inspection when assigned as RMP operator:
(1) Condition of vehicle
(2) Odometer reading
(3) Amount of gas in vehicle.
c. Chronologically:
(1) Assignments received - Indicate time received, type of
assignment, location, origin, code signal, disposition and
time completed and/or given to radio dispatcher
(2) Information pertinent to an assignment (i.e., action taken,
narrative disposition, forms prepared with identifying
serial number, etc.) to include the name, rank, shield
number and command of off-duty uniformed member(s) of
the service involved in any off-duty incident
(3) Tasks performed
(4) Absences from post/sector or place of assignment
(5) Rank and surname of supervisor(s) responding to assignment
(6) Other entries required by Department directives
(7) Completion of tour, odometer reading, signature and shield
number if any.

NOTE When members are assigned to a vehicle, only the RMP recorder is required to make the
above chronological entries specified in subdivision “c,” substeps “(1)” through “(5).”

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-08 02/02/17 2 of 3

NOTE In lieu of these entries, the RMP operator may enter “see recorder’s Activity Log.”
(continued) However, both the RMP operator and recorder must make entries recording
enforcement actions taken to assist in recollection of the event at a later time.

UNIFORMED 2. Make entries in black or blue ink, beginning on first line at top of page
MEMBER OF and continuing thereafter accounting for each scheduled tour:
THE SERVICE a. Utilize blank side of each page for notes, diagrams, sketches, etc.,
(continued) when necessary
b. Carry ACTIVITY LOG in regulation leather binder
c. Correct errors by drawing single line through incorrect entry and
initial; do not erase
d. Begin tour’s entries on next open line, following previous tour
closing entry. Do not skip lines or pages.
e. Write or print legibly; abbreviations may be used
f. Do not remove pages for any reason or use ACTIVITY LOG as
scrap or for note pads, etc.
3. Submit ACTIVITY LOG to supervising officer for inspection and
review upon request.
4. Direct attention of supervisor to entry which may be a matter of concern,
i.e., unusual occurrence, absence from post, etc.

SUPERVISORY 5. Indicate supervision and inspection of member’s ACTIVITY LOG by inserting


MEMBER on the next open line the date, time, rank, signature and comment, if any.
a. Comments relating to a particular member’s activity will be made
known to the member’s immediate supervisor.

UNIFORMED 6. Store active and completed ACTIVITY LOGS in locker, available for
MEMBER OF inspection at all times.
THE SERVICE

ADDITIONAL Upon being permanently transferred, member will submit ACTIVITY LOG to a
DATA supervisor in the previous command for signature after the last entry and notation of
member’s “new” command in the “Distribution Record” under “Remarks.” Member
will then submit the ACTIVITY LOG to a supervisor upon arrival in the “new”
command, for signature. The supervisor will then enter required information in rear of
command’s “Distribution Record”.

Upon completion of an ACTIVITY LOG, the member concerned will submit it to a


designated supervisor for review. After ascertaining that all required information has
been entered on the cover of the ACTIVITY LOG, the supervisor will enter his/her
signature on the last page and cover of the LOG, complete required entries in
“Distribution Record” and issue a new LOG to the member. Member and supervisor
will complete required captions on cover of new LOG.

Upon retirement of a member of the service, or other separation from the Department,
completed ACTIVITY LOGS should be maintained. ACTIVITY LOGS are official
accounts of police activities and are frequently needed for purposes of criminal
prosecution and civil litigation.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-08 02/02/17 3 of 3

ADDITIONAL Active and former members are reminded that, as ACTIVITY LOGS contain
DATA confidential information, no member or former member is permitted to disclose,
(continued) donate or sell, for personal financial gain or otherwise, any ACTIVITY LOG.
However, they should be provided to the Department upon request. Active and former
members are prohibited from disclosing such confidential information by statute,
including, but not limited to, New York City Charter Sections 2604(b)(4) and
2604(d)(5), respectively. Violation may be punishable by financial penalties and may
be considered a misdemeanor offense.

RELATED Activity Log Distribution Record (A.G. 322-31)


PROCEDURE

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-09

UNUSUAL OCCURRENCE REPORTS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/04/19 01/04/19 1 of 2

PURPOSE To promptly notify the Chief of Patrol of an unusual occurrence.


DEFINITION UNUSUAL OCCURRENCE - substantially more than an ordinary occurrence
because of its seriousness, peculiarities, sensationalism, vastness, differences,
newsworthiness, or potential to affect police-community relations involving
interracial/ethnic conflict or community unrest.
PROCEDURE Whenever an unusual incident occurs, take immediate emergency action and:
UNIFORMED 1. Notify desk officer immediately.
MEMBER OF 2. Request patrol supervisor to respond.
THE SERVICE

DESK OFFICER 3. Notify Operations Unit and patrol borough command without waiting for
complete details.
4. Notify commanding officer/duty captain to respond.
COMMANDING 5. Conduct immediate investigation of occurrence.
OFFICER/ 6. Inform Operations Unit and desk officer of details of investigation.
DUTY CAPTAIN

NOTE If occurrence is a bias motivated incident, comply with P.G. 207-10, “Bias Motivated Incidents.”
DESK OFFICER 7. Prepare preliminary report on Typed Letterhead or UNUSUAL
OCCURRENCE REPORT (PD370-152) addressed to the Chief of Patrol,
and forward as indicated in step “9” below even if investigation is
incomplete.
a. Attach copy of ICAD Event Information, if documented, to the
UNUSUAL OCCURRENCE REPORT prior to forwarding.
COMMANDING 8. Report results of investigation on Typed Letterhead addressed to the Chief of
OFFICER/ Patrol.
DUTY CAPTAIN a. If preliminary report has been forwarded, prepare supplementary
report indicating results of investigation and attach a copy of the
ICAD Event Information, if documented, to supplementary report.
9. Forward reports via next department mail as follows:
a. Chief of Patrol, DIRECT (forward in UNUSUAL OCCURRENCE
REPORT [ENVELOPE] PD370-150)
b. Copy for each intermediate command
c. Copy for commanding officer of uniformed member of service
concerned, if member not assigned to reporting command
d. Copy to Chief of Housing Bureau or Transit Bureau if incident
occurred in Housing Authority development or in subway system
e. Copy to Police Pension Fund if occurrence involves line of duty
death or serious injury and likely to die
f. Copy to Chief, Community Affairs, if occurrence affects police-
community relations
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-09 01/04/19 2 of 2

COMMANDING g. Copy to Commanding Officer, Office of Management Analysis


OFFICER/ and Planning, if occurrence involves the death of a person while
DUTY CAPTAIN in police custody or death or serious injury to a person in
(continued) connection with a police action or death or injury to a person as a
result of a police firearms discharge.

ADDITIONAL Whenever doubt exists concerning whether an incident is unusual, make required
DATA notifications and prepare reports.

The main criterion in determining the preparation and forwarding of the report is the
Chief of Patrol’s need to know.

When an unusual occurrence involves a prisoner, comply with “Prisoner - Unusual


Occurrences” procedure to satisfy reporting requirements.

The identity of sex crime victims will not be included in UNUSUAL OCCURRENCE
REPORTS but will be indicated by use of the term “person(s) known to this
Department.” In addition, ICAD Event Information printouts containing the identity of
sex crime victims will not be attached to UNUSUAL OCCURRENCE REPORTS and
ranking officers preparing the report will include a statement that the printout is not
attached because it contains identifying data.

The Force Investigation Division supervisor investigating an incident involving a uniformed


member of the service discharging a firearm which results in death or injury or member is
involved in any other conduct which results in the death of another shall temporarily assign
such uniformed member of the service to the patrol borough office of assignment or
counterpart, for a minimum of three consecutive scheduled tours (exclusive of sick time or
regular days off). The Commanding Officer, Force Investigation Division will review the
assignment and forward a report to the First Deputy Commissioner, through channels,
recommending continuance or discontinuance. Uniformed members of the service involved
in such incidents will not be returned to their permanent commands without the prior
approval of the Chief of Department. Uniformed members of the service placed on
temporary assignment as outlined above, continue to be subject to suspension or modified
assignment, if circumstances warrant.

The UNUSUAL OCCURRENCE REPORT form will NOT be used to report firearms
discharges by members of the service, labor coalition incidents, “Prisoners Unusual
Occurrence” (P.G. 210-07, Prisoners - Unusual Occurrence”), or any other unusual
incident determined not appropriate by the investigating precinct commander/duty
captain.

RELATED Bias Motivated Incidents (P.G. 207-10)


PROCEDURES Prisoners - Unusual Occurrence (P.G. 210-07)
Emergency Incidents (P.G. 213-02)

FORMS AND UNUSUAL OCCURRENCE REPORT (PD370-150)


REPORTS Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-10

INTERRUPTED PATROL LOG


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To control the amount of time spent in a stationhouse, police service area or
transit district command by uniformed members of the service who are
performing duty with the platoon.

PROCEDURE When a uniformed member of the service, performing duty with the platoon,
enters the stationhouse, police service area or transit district command for any
reason during the tour:

UNIFORMED 1. Report to desk officer and inform him/her of reason for presence in
MEMBER OF command.
THE SERVICE

DESK OFFICER 2. Make entries in Interrupted Patrol Log, in own handwriting, under
following captions:
TIME IN RANK NAME ASSIGN- REASON TIME TOTAL DESK
MENT OUT TIME OFFICER
3. Maintain Log under direct control at all times.
4 Review Interrupted Patrol Log frequently during tour to determine if
presence in command is being expedited.

ADDITIONAL An Interrupted Patrol Log will be maintained by all commands/units whose members
DATA perform patrol duties under the jurisdiction of the Patrol Services, Housing and Transit
Bureaus.

Commanding officers will frequently review the Interrupted Patrol Log to determine if
stops in the command are necessary and if they are being expedited.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-11

INVESTIGATIVE ENCOUNTERS: REQUESTS FOR INFORMATION,


COMMON LAW RIGHT OF INQUIRY AND LEVEL 3 STOPS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/19/18 10/19/18 1 of 16

PURPOSE To describe the types of encounters a uniformed member of the service may
initiate with a member of the public during the course of his or her official
duties, the level of knowledge required for each type of encounter, the scope of a
police officer’s authority for each type of encounter, the measures that are
permissible to protect uniformed members of the service from injury while
engaged in such encounters, and the procedures to be followed by a member of
the service during these encounters.

SCOPE In accordance with their oath to uphold the law, uniformed members of the service
must conduct investigative encounters in a lawful and respectful manner; however,
nothing in this section is intended to deter an officer from initiating appropriate
inquiries and investigative encounters, including stops, or using any lawful and
appropriate tactics to ensure the officer’s safety during such investigative
encounters. Moreover, this procedure should not be interpreted to discourage an
officer from engaging in voluntary consensual conversations with members of the
public. Members of the service are encouraged to develop positive relationships in
the communities they serve. Such positive interactions with the community foster
trust and understanding that will in turn enhance public safety and officer safety.

DEFINITIONS INVESTIGATIVE ENCOUNTERS - In the context of this procedure, an


investigative encounter is a police interaction with a member of the public/civilian
for a law enforcement or investigative purpose. The U.S. Supreme Court in the
case of Terry v. Ohio, established the authority of the police to stop and possibly
frisk a person, under certain circumstances, based upon reasonable suspicion. The
New York State Court of Appeals in the case of People v. DeBour established the
types or levels of investigative encounters and the authority of the police at each
level, consistent with federal constitutional standards. These encounter levels and
the authority of the police at each level are outlined in the definitions that follow.

REQUEST FOR INFORMATION (LEVEL 1 ENCOUNTER) - A request for


information is an encounter between a civilian and a uniformed member of the
service conducted for the purpose of requesting information from the civilian.
The uniformed member of the service must have an objective credible reason to
approach the civilian. This type of encounter does not require any suspicion of
criminal activity. The objective is to gather information and not to focus on the
person as a potential suspect. A police officer may seek information related to the
reason(s) the person was approached, such as the person’s name, address and
destination, if those questions are related to the objective credible reason for the
approach. The officer may not ask accusatory questions. The person may refuse to
answer questions and/or walk or even run away. Refusal to answer questions and/or
walking or running away does not escalate the encounter. However, providing false
or inconsistent information at any level may escalate the encounter. At this level, the
officer may not seek consent to search, may not use force, and may not create a

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-11 10/19/18 2 of 16

DEFINITIONS situation (either by words or actions) where a reasonable person would not feel free
(continued) to leave. The officer may engage protective measures in the rare Level 1 encounter
when he or she has a reasonable concern for his or her safety, either because of the
nature of the approach or the individual’s behavior.

OBJECTIVE CREDIBLE REASON - A reason is objectively credible if it is


based on more than a hunch or a whim. The reason to gather more information
may relate to a public safety/service function or a law enforcement function, but
need not be based on any indication of criminality.

PROTECTIVE MEASURES - Even if an officer does not have reasonable suspicion


that a person is armed and dangerous, there are tactics for officer safety that an
officer may use short of a frisk when the officer reasonably perceives her/his safety
is at risk. These include ordering the individual to take her/his hands out of her/his
pockets, put down or step away from an otherwise lawful object that could be used
as a weapon, grabbing the person’s hands, if the circumstances suggest the person
may be grabbing a weapon, or forcibly removing the person’s hands from her/his
pockets, if the individual refuses to remove them from her/his pockets. Any
lawfully possessed article that is removed/safeguarded by a member of the service
during an investigative encounter should be returned to the individual at the
conclusion of the encounter (unless probable cause is developed and the individual is
arrested). The officer can engage protective measures at Level 2 and Level 3. In
rare occasions, the officer can engage protective measures at Level 1.

COMMON LAW RIGHT OF INQUIRY (LEVEL 2 ENCOUNTER) - A


common law right of inquiry is an encounter between a civilian and a uniformed
member of the service conducted for the purpose of asking the civilian pointed or
accusatory questions because the police officer has a “founded suspicion” that criminal
activity is afoot. “Founded suspicion” is a lower level of suspicion than the “reasonable
suspicion” required to conduct a “stop” or Level 3 encounter. Upon a founded suspicion
of criminality, the officer may approach a person to ask accusatory questions and may
seek consent to search; however, consent must be voluntarily given. During an
encounter, providing innocuous answers does not escalate the encounter. However,
providing false or inconsistent information at any level may escalate the encounter.
During a Level 2 encounter, force may not be used, the person is free to refuse to answer
questions, and is free to leave. Refusal to answer questions or walking away does not
raise the level of suspicion. However, flight (running away) during a Level 2 encounter
does escalate the encounter to Level 3 and the officer is permitted to pursue the person.
The officer may not create a situation (either by words or actions) where a reasonable
person would not feel free to walk away. The officer may engage protective measures,
when he or she has a reasonable concern for his or her safety.

FOUNDED SUSPICION - Founded suspicion of criminal activity arises when


there is some present indication of criminality based on observable conduct or
reliable hearsay information. In other words, the officer has sufficient
information to begin to suspect the person of criminal conduct.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-11 10/19/18 3 of 16

DEFINITIONS TERRY STOP (LEVEL 3 ENCOUNTER) - A Terry Stop/Level 3 encounter is


(continued) any encounter between a civilian and a uniformed member of the service in which a
reasonable person would not feel free to disregard the officer and walk away. A
Level 3 encounter may take place even without the threat or use of physical force by
the officer. Encounters involving nothing more than commands or accusatory
questions can rise to the level of a stop, provided that the commands and questions
would lead a reasonable person to conclude that she/he was not free to terminate the
encounter. Whether an encounter amounts to a stop will be judged by the facts and
circumstances of the encounter. A stop may be conducted only when a police
officer has an individualized reasonable suspicion that the person stopped has
committed, is committing, or is about to commit a felony or Penal Law
misdemeanor. The police officer may ask accusatory or pointed questions and
detain the person while an expeditious investigation is conducted to determine if
there is probable cause to arrest the person. During an encounter, providing
innocuous answers or refusal to answer questions does not escalate the encounter.
However, providing false or inconsistent information at any level may escalate the
encounter. The police officer may seek consent to search. The consent must be
voluntarily given. Reasonable force may be used to stop a person. The type and
amount of force used must be objectively reasonable under the circumstances. The
officer may engage protective measures, when he or she has a reasonable concern for his
or her safety. The officer may frisk the person, if the officer has reasonable suspicion
that the person is armed and dangerous.

REASONABLE SUSPICION - Reasonable suspicion exists when the information


known to the member of the service would make an ordinarily prudent and
cautious police officer under the circumstances believe that a felony or Penal Law
misdemeanor has been, is being or is about to be committed. The officer must
have a particularized and objective basis for suspecting the person stopped of the
criminal conduct. The officer must be able to articulate specific facts establishing
justification for the stop; hunches or gut feelings are not sufficient.

FRISK - A carefully limited running of the hands over the outside of a person’s
clothing feeling for a deadly weapon or any instrument, article or substance readily
capable of causing serious physical injury and of a sort not ordinarily carried in
public places by law-abiding persons. A frisk is authorized when the member of the
service reasonably suspects the person is armed and dangerous. This includes
situations in which the officer reasonably suspects that the person has committed, is
committing, or is about to commit a violent crime or when the officer observes
something on the person that she/he reasonably suspects is a weapon. A frisk may
not be conducted to discover evidence or the proceeds or instrumentalities of a
crime. A police officer cannot “frisk” a bag or item of personal property unless the
officer has a reasonable suspicion that the person is armed and dangerous and the
bag or item could contain a weapon and is within the person’s reach.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-11 10/19/18 4 of 16

DEFINITIONS SEARCH AFTER FRISK - In the context of the investigative encounters described
(continued) in this section, a search occurs when the officer places her/his hands inside a pocket or
other interior portions of a person’s clothing or personal property to remove an object
that the member felt during a frisk and reasonably suspects is a weapon or dangerous
instrument.

PROCEDURE When a uniformed member of the service engages in an investigative encounter


with a civilian:

CONDUCTING A LEVEL 1 ENCOUNTER - A REQUEST FOR INFORMATION:

UNIFORMED 1. Approach the person if there is an objective credible reason to do so.


MEMBER OF 2. Identify yourself as a police officer verbally and by displaying your shield
THE SERVICE in a conspicuous manner, if practicable.
3. DO NOT detain the person, use or threaten the use of force, or request
consent to search.
4. You may seek information and ask general, non-threatening questions
related to the reason for the approach. However, pointed and accusatory
questions are not permitted.
5. The person may refuse to answer questions and is free to leave. However,
providing false or inconsistent information at any level may escalate the
encounter.
6. You may inform the person that she/he is free to leave, but you are not
required to do so unless she/he specifically asks.
7. You should provide the individual with an explanation for the encounter,
unless providing such information would impair a criminal investigation.
8. You may engage protective measures in the rare Level 1 encounter when
you have a reasonable concern for your safety, either because of the
nature of the approach or the individual’s behavior.

CONDUCTING A LEVEL 2 ENCOUNTER - THE COMMON LAW RIGHT


OF INQUIRY:

UNIFORMED 9. Approach the person if you have a founded suspicion of criminality.


MEMBER OF 10. Identify yourself as a police officer by providing your rank, name, shield,
THE SERVICE and command, and display your shield in a conspicuous manner, absent
exigent circumstances.
11. DO NOT detain the person or use or threaten the use of force.
12. You may seek information and ask questions, including pointed and
accusatory questions.
a. Offer RIGHT TO KNOW BUSINESS CARD (PD142-012) or
RIGHT TO KNOW BUSINESS CARD – GENERAL (PD142-
013), as appropriate, in accordance with P.G. 203-09, “Public
Contact – General.”
13. The person may refuse to answer questions and is free to walk away. If
the person runs away, you may pursue.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-11 10/19/18 5 of 16

UNIFORMED 14. You may request consent to search; the consent must be voluntarily
MEMBER OF given.
THE SERVICE a. Ask for consent to search in a manner that elicits a clear ‘yes’ or
(continued) ‘no’ response. When seeking consent, make clear that the search
will not occur if the person does not consent. For example, in a
non-threatening manner and without making promises, you may
ask the following: “I can only search you, if you consent. Do you
understand? May I search you?”
b. If a person does not consent to a search, you cannot conduct a
search.
c. If you are seeking consent to search, you must video record the
request and the person’s response, if you have a Body - Worn Camera.
d. Document the time, location, and date of such request, consent,
refusal, and search (if performed), and the apparent race,
ethnicity, gender, and age of the person who was the subject of
such request and search, and your name, precinct, tax number
and/or shield number on the COMMON LAW RIGHT OF
INQUIRY – CONSENT SEARCH REPORT (PD541-161).
e. Offer the person who is the subject of the request a RIGHT TO
KNOW BUSINESS CARD, as appropriate, in all cases, and, if
applicable, provide information on how to obtain a copy of the
video record of the request and search (if performed).
f. This section does not apply in the following situations:
(1) You are conducting a security search of a person entering
a public building or facility, location, event, or gathering,
including random security checks in MTA facilities
(2) Exigent circumstances require your immediate action
(3) You reasonably expect that you or someone else is in
danger of physical injury, there is an imminent risk of
property damage, to forestall the imminent escape of a
suspect, or the imminent potential destruction of evidence.
15. You may inform the person that she/he is free to leave, but you are not
required to do so unless she/he specifically asks.
16. You may engage protective measures, when you have a reasonable
concern for your safety.
17. Provide the individual with an explanation for the encounter, unless
providing such information would impair a criminal investigation.
18. Do not offer the person a RIGHT TO KNOW BUSINESS CARD or
RIGHT TO KNOW BUSINESS CARD – GENERAL, if the encounter
ends in an arrest or a summons, unless requested.
19. You are not required to proactively identify yourself, explain the reason for
the encounter, or offer a RIGHT TO KNOW BUSINESS CARD, or
RIGHT TO KNOW BUSINESS CARD – GENERAL, in the following
situations:
a. If engaged in undercover activity or operations
b. Exigent circumstances require your immediate action
NEW  YORK  CITY  POLICE  DEPARTMENT
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212-11 10/19/18 6 of 16

UNIFORMED c. You reasonably expect that you or someone else is in danger of


MEMBER OF physical injury, there is an imminent risk of property damage, to
THE SERVICE forestall the imminent escape of a suspect, or the imminent
(continued) potential destruction of evidence
d. You are conducting a security search of a person entering a public
building or facility, location, event, or gathering, including
random security checks in MTA facilities, unless requested by the
subject of the search
e. You are verifying the identity of a person seeking entrance to an
area that is restricted due to a public health, public safety, or
security concern, such as a terrorist attack or a natural disaster.

NOTE During a Level 1 or Level 2 encounter, an officer may not create a situation (either by
words or actions) where a reasonable person would not feel free to walk away. A
person may be detained only if a properly conducted Level 1 or Level 2 encounter yields
information to support a reasonable suspicion that the person committed, was
committing, or was about to commit a felony or Penal Law misdemeanor.

CONDUCTING A LEVEL 3 ENCOUNTER - A TERRY STOP:

UNIFORMED 20. Upon reasonable suspicion that the person has committed, is committing,
MEMBER OF or is about to commit a felony or Penal Law misdemeanor, stop and
THE SERVICE detain the person for the purpose of conducting a criminal investigation.
21. Notify the radio dispatcher and include the location, number of persons
being stopped and whether additional units are needed.
22. Identify yourself as a police officer by providing your rank, name, shield,
and command, and display your shield in a conspicuous manner, absent
exigent circumstances.
23. Question the suspect to the extent necessary to determine whether there is
probable cause to make an arrest.
24. You may ask pointed and accusatory questions related to the reason for
the stop. Refusal to answer questions or produce identification does not
establish probable cause.
a. Offer RIGHT TO KNOW BUSINESS CARD or RIGHT TO
KNOW BUSINESS CARD – GENERAL, as appropriate, in
accordance with P.G. 203-09, “Public Contact – General.”
25. You may request consent to search; the consent must be voluntarily
given.
a. Ask for consent to search in a manner that elicits a clear ‘yes’ or
‘no’ response. When seeking consent, make clear that the search
will not occur if the person does not consent. For example, in a
non-threatening manner and without making promises, you may
ask the following: “I can only search you, if you consent. Do you
understand? May I search you?”
b. If a person does not consent to a search, you cannot conduct a
search.

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UNIFORMED c. If you are seeking consent to search, you must video record the
MEMBER OF request and the person’s response, if you have a Body - Worn
THE SERVICE Camera.
(continued) d. Document request, as appropriate, on STOP REPORT (PD383-151).
e. Offer the person who is the subject of the request a RIGHT TO
KNOW BUSINESS CARD or RIGHT TO KNOW BUSINESS
CARD – GENERAL, as appropriate, in all cases, and, if
applicable, provide information on how to obtain a copy of the
video record of the request and search (if performed).
f. This section does not apply in the following situations:
(1) You are conducting a security search of a person entering
a public building or facility, location, event, or gathering,
including random security checks in MTA facilities
(2) Exigent circumstances require your immediate action
(3) You reasonably expect that you or someone else is in
danger of physical injury, there is an imminent risk of
property damage, to forestall the imminent escape of a
suspect, or the imminent potential destruction of evidence.
26. Reasonable force may be used to stop a person.
27. You may engage protective measures, when you have a reasonable
concern for your safety.
28. You may frisk the person if at any point during the encounter, you have
reasonable suspicion that the person is armed and dangerous (see “Conducting
a Frisk, and When Appropriate, a Search:” below).
29. The suspect may be detained only as long as necessary to confirm or dispel
your suspicion that she/he was committing, committed, or was about to
commit a felony or Penal Law misdemeanor. Authority to detain the suspect
ends when the tasks tied to the reason for the stop are completed or
reasonably should have been completed.
30. Provide the individual with an explanation for the encounter, unless
providing such information would impair a criminal investigation.
31. Obtain the suspect’s name, address, and any additional information that will
be required to complete your ACTIVITY LOG (PD112-145) entry
regarding the stop.
32. Do not transport or otherwise move the suspect from the location where
she/he is stopped unless she/he voluntarily consents or there is an
exigency necessitating relocation (e.g., hostile crowd, threat to safety,
hospital show-up, etc.).
33. Release the person immediately after completing the investigation if
probable cause to arrest does not exist.
34. Do not offer the person stopped a RIGHT TO KNOW BUSINESS
CARD or RIGHT TO KNOW BUSINESS CARD – GENERAL, if the
encounter ends in an arrest or a summons, unless requested.
35. You are not required to proactively identify yourself, explain the reason for the
encounter, or offer a RIGHT TO KNOW BUSINESS CARD, or RIGHT
TO KNOW BUSINESS CARD – GENERAL, in the following situations:
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UNIFORMED a. If engaged in undercover activity or operations


MEMBER OF b. Exigent circumstances require your immediate action
THE SERVICE c. You reasonably expect that you or someone else is in danger of
(continued) physical injury, there is an imminent risk of property damage, to
forestall the imminent escape of a suspect, or the imminent
potential destruction of evidence
d. You are conducting a security search of a person entering a public
building or facility, location, event, or gathering, including
random security checks in MTA facilities, unless requested by the
subject of the search
e. You are verifying the identity of a person seeking entrance
to an area that is restricted due to a public health, public
safety, or security concern, such as a terrorist attack or a
natural disaster.

CONDUCTING A FRISK, AND WHEN APPROPRIATE, A SEARCH:

UNIFORMED 36. If a police officer develops a reasonable suspicion that a person is armed
MEMBER OF and dangerous, the officer may frisk the person for a deadly weapon or
THE SERVICE any instrument, article or substance readily capable of causing serious
physical injury and of a sort not ordinarily carried in public places by
law-abiding persons. Reasonable suspicion that a person is armed and
dangerous may arise from the officer’s observations or the facts and
circumstances of the encounter including:
a. Reasonable suspicion that the suspect has committed, is committing,
or is about to commit a violent crime (e.g., assault with a deadly
weapon, burglary, rape, robbery, etc.)
b. Observation of something on the person that the officer reasonably
suspects is a weapon
c. A statement by the suspect stopped that she/he is armed
d. Information known by the officer that the suspect may be carrying a
weapon, such as statements from a victim or witness.
37. The purpose of the frisk is to ensure the safety of the officer and not to locate
evidence of a crime, such as drugs.
38. There is no requirement to question a suspect prior to conducting a lawful
frisk.
39. Conduct the frisk by carefully running your hands down the outside of
the person’s clothing.
40. Where the frisk reveals an object that the member of the service reasonably
suspects may be a weapon, the member of the service may search only those
interior portions of the stopped person’s clothing to remove the weapon.
41. An officer may not frisk a person’s bag or other item of personal property
unless the officer has reasonable suspicion to believe that the person is
armed and dangerous and that the bag or item of personal property could
contain a weapon and is within the person’s reach. If the bag/item is soft,
the officer should run her/his hands down the outside of the bag/item and
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UNIFORMED open it only if she/he feels the contours of what she/he believes is a
MEMBER OF weapon. If the bag/item is rigid and unlocked, the officer may open it to
THE SERVICE ensure it does not contain a weapon. If the bag/item is locked, the officer
(continued) must obtain a search warrant or get consent to search from the person in
order to search the bag/item.

NOTE The guidelines in step “41” do not apply to mass transit system checkpoint type inspections
of backpacks, containers and other carry-on items that are capable of containing explosive
devices.

Requesting identification documents: At any level, an officer may ask an individual to


verbally identify herself/himself or present an identification document to verify that person’s
identity and/or address. During Level 1 or 2 encounters, when performing this task, the
officer must not create a situation where the person does not feel free to leave. Other than
the operator of a motor vehicle/motorcycle, members of the public are not required to
possess identification documents or present identification documents to police officers when
requested. Refusal or inability to produce identification alone will not elevate the level of
the encounter. Absent probable cause that the person committed an offense, she/he may not
be arrested or removed to a Department facility for further investigation merely because
she/he refused to produce identification.

REQUIRED DOCUMENTATION:

UNIFORMED 42. For all consent searches requested during a Level 2 encounter, prepare a
MEMBER OF COMMON LAW RIGHT OF INQUIRY – CONSENT SEARCH
THE SERVICE REPORT, utilizing the Finest Online Records Management System
(FORMS), for EACH person from whom you request consent to search.
The COMMON LAW RIGHT OF INQUIRY – CONSENT SEARCH
REPORT in FORMS is available through Department mobile devices
(cellular telephones and tablets).
a. Prior to the end of tour, complete all applicable captions and
follow the directions for each section of the COMMON LAW
RIGHT OF INQUIRY – CONSENT SEARCH REPORT in
FORMS and select the “Check” icon to submit the COMMON
LAW RIGHT OF INQUIRY – CONSENT SEARCH
REPORT.
b. The COMMON LAW RIGHT OF INQUIRY – CONSENT
SEARCH REPORT is only prepared for Level 2 requests to
search. If you seek consent to search during a Level 3 Terry Stop,
document that request on your STOP REPORT in the
appropriate places.
c. The COMMON LAW RIGHT OF INQUIRY – CONSENT
SEARCH REPORT is not prepared in the following situations:
(1) You are conducting a security search of a person entering
a public building or facility, location, event, or gathering,
including random security checks in MTA facilities
(2) Exigent circumstances require your immediate action
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UNIFORMED (3) You reasonably expect that you or someone else is in


MEMBER OF danger of physical injury, there is an imminent risk of
THE SERVICE property damage, to forestall the imminent escape of a
(continued) suspect, or the imminent potential destruction of evidence.
43. For all Terry Stops/Level 3 encounters, prepare a STOP REPORT, utilizing
FORMS, for EACH person stopped. The STOP REPORT in FORMS is
available through Department mobile devices (cell phones and tablets).
a. Prior to the end of tour, complete all applicable captions and follow
the directions for each section of the STOP REPORT in FORMS
and select the “Check” icon to submit the STOP REPORT to the
patrol/unit supervisor.
b. Check “REFUSED” in the appropriate space, if the person stopped
refused to identify herself/himself.
(1) Request the patrol supervisor to respond to verify refusal.
(2) Do not detain the person, however, if the investigation is
complete and there is no probable cause to make an arrest.
c. Select all relevant factors that led to the stop if more than one
descriptive term applies.
d. Describe in plain language (rather than numeric Penal Law section)
the specific felony or Penal Law misdemeanor you suspected the
person had committed, was committing, or was about to commit.
e. Describe in your own words, under the “Narrative (Describe the
Circumstances That Led to the Stop)” caption, all of the facts and
information relied upon to conclude that there was reasonable
suspicion that the person stopped had committed, was committing, or
was about to commit a felony or Penal Law misdemeanor.
f. Describe in your own words, under the “Narrative (Describe the
Circumstances That Led to the Frisk and/or Search, if Conducted.
Include Area Searched)” caption, all of the facts and information
relied upon to conclude that there was reasonable suspicion that the
person stopped was armed and dangerous. In addition, if a search
was conducted, describe the basis for the search, the specific area
searched, and whether a weapon or other contraband was recovered.
44. When prompted to identify the “Reviewing Supervisor” in FORMS, enter
the name or tax identification number of a supervisor currently
performing duty with the platoon/unit and select that supervisor from the
dropdown menu that appears.
a. Select immediate squad/unit supervisor, if he/she is assigned to
perform duty with the squad/unit and is available to review the
STOP REPORT.
b. If not assigned to an immediate squad/unit supervisor or he/she is
not available, enter the name or tax identification number of
another supervisor performing duty with the squad/unit (e.g, patrol
supervisor, detail supervisor, etc.).
45. Notify the reviewing supervisor that the STOP REPORT was prepared and
submitted to the supervisor’s electronic “INBOX” folder in FORMS for review.
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NOTE The STOP REPORT is not prepared for Level 1 and Level 2 encounters, unless the encounter
escalates to a Level 3 Terry Stop. Similarly, the STOP REPORT is not prepared when an
officer makes a summary arrest for an offense/crime or issues a Criminal Court summons or a
civil summons returnable to the Office of Administrative Trials and Hearings for an observed
violation, unless the suspect was initially detained for investigation in a Level 3 Terry Stop.
The STOP REPORT is not prepared for traffic stops based on violations of the Vehicle and
Traffic Law, unless the suspect is frisked.

Uniformed members of the service (UMOS) should be mindful that users of FORMS will
be timed out after 55 minutes, therefore UMOS should periodically click on the “Save”
icon to ensure that entered data is not lost.

UNIFORMED 46. Record details in ACTIVITY LOG and include the following
MEMBER OF information in the entry:
THE SERVICE a. Date, time and location of stop
(continued) b. Pedigree information (name, date of birth, address, telephone
number), unless refused, and detailed description of the person
stopped
c. Document refusal to provide pedigree information, if applicable
d. ICAD number, if applicable.
47. Prior to the end of your tour, submit the STOP REPORT and
ACTIVITY LOG to the patrol supervisor/unit supervisor for review.
a. The reviewing supervisor must be at least one rank higher than the
member submitting the STOP REPORT.
48. Inform the patrol supervisor/unit supervisor of facts of the stop and, if
conducted, frisk, and/or search.

NOTE The pedigree information of an individual who is stopped is not captured electronically
and will only be recorded in the member’s ACTIVITY LOG. Accurately recording
pedigree information in the ACTIVITY LOG will enable members to later identify
persons stopped and may aid investigators during the course of a criminal
investigation. Do not put pedigree information into the STOP REPORT narratives.

SUPERVISORY AND ADMINISTRATIVE FUNCTIONS:

PATROL 49. Respond to the scene of stops when feasible.


SUPERVISOR/ 50. Discuss the circumstances of the stop with the member of the service and
UNIT review the STOP REPORT in FORMS using a Department mobile
SUPERVISOR device (e.g., cellphone, tablet, etc.), or desktop, if available, by selecting
“Signoff.”
a. Determine whether all captions are completed and all relevant
check boxes are checked.
b. Confirm that the STOP REPORT states in plain language a specific
suspected felony or Penal Law misdemeanor.
c. Determine whether the officer’s description in the “Narrative
(Describe the Circumstances That Led to the Stop)” caption
includes the facts and circumstances relied upon by the officer to

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PATROL conclude that there was reasonable suspicion that the person
SUPERVISOR/ stopped had committed, was committing, or was about to commit
UNIT a felony or Penal Law misdemeanor.
SUPERVISOR d. If the person was frisked, determine whether the officer’s description
(continued) in the “Narrative (Describe the Circumstances That Led to the Frisk
and/or Search, if Conducted. Include Area Searched)” caption
includes the facts and circumstances relied upon by the officer to
conclude that there was reasonable suspicion that the person was
armed and dangerous and, if a search was conducted, the facts and
circumstances that provided the basis for the search, the area
searched and whether a weapon or other contraband was recovered.
e. Complete the “Supervisory Action (Must Complete)” caption. Consider
the facts and information as conveyed by the member and recorded on the
STOP REPORT and determine whether:
(1) The stop was based upon reasonable suspicion of a felony or
Penal Law misdemeanor
(2) If the person was frisked, whether the frisk was supported by
a reasonable suspicion that the person was armed and
dangerous; and
(3) If the person was searched, whether there was a sufficient basis
for the search.
f. If appropriate, instruct member of the service and/or refer for
additional training and/or other remedial action, including,
disciplinary action and indicate such in the “Follow-Up Action (If
appropriate)” caption.
51. Complete all captions in the “Reviewing Supervisor” section.
52. If, based upon review of the STOP REPORT, ACTIVITY LOG entry
and discussion with the uniformed member of the service, the STOP
REPORT requires additional information:
a. Check “No” following question “Report Accurate and Complete?”
b. Enter instruction to the reporting member of the service in the
“Note” section in FORMS
c. Select the “Check” icon to return the STOP REPORT to the
reporting member of the service for correction.
53. If the report is “Accurate and Complete” (i.e., all captions filled out and
narrative contains adequate details) but after review it is determined there
was not a sufficient basis for the stop and/or frisk and/or search, indicate
such by checking the appropriate field(s) on the electronic form.
a. Select the action taken from the “Follow-Up Action (If
appropriate)” section, and
b. Approve the STOP REPORT.
54. “Approve” and “Finalize” the STOP REPORT following the prompts in
FORMS.
55. Review the member’s ACTIVITY LOG entry and ensure that the detailed
description and the pedigree information of the person stopped is included
and legible, unless the person stopped refused to provide the information.
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PATROL 56. If force was used, determine whether the use of force was reasonable
SUPERVISOR/ under the circumstances of the encounter.
UNIT 57. Prior to the end of tour, electronically “sign-off” on STOP REPORT and
SUPERVISOR return ACTIVITY LOG back to member upon completion of the review.
(continued)

NOTE If the STOP REPORT was submitted for an investigative encounter that did not rise to a
Terry Stop, (e.g., Level 1/Request for Information or Level 2/Common Law Right of
Inquiry) or for an arrest or summons that was not the result of a Terry Stop, then select
the appropriate fields on the STOP REPORT and approve the STOP REPORT, but
note in the comments section that the STOP REPORT was prepared in error and the
reason a report should not have been prepared.

UNIFORMED 58. Upon rejection of STOP REPORT from the reviewing supervisor,
MEMBER OF access the report from the FORMS “Inbox,” go to the “Actions” tab,
THE SERVICE select “Edit” and make the directed corrections.
a. Select the “Check” icon to resubmit to supervisor for review and
approval.
59. Prior to the end of tour, make a photocopy of the ACTIVITY LOG entry
detailing the Terry Stop and submit to the desk officer/designee.

DESK 60. Log into FORMS and select “SEARCH.” A search must be conducted of
OFFICER/ all STOP REPORTS prepared during tour.
DESIGNEE 61. If a STOP REPORT was prepared, print out the “approved” STOP
REPORT from the queue and attach it to the photocopied ACTIVITY
LOG entry submitted by the uniformed member of the service.
a. Place STOP REPORT and photocopy of ACTIVITY LOG
entry into the command’s STOP REPORT binder maintained at
the desk in sequential order.

INTEGRITY 62. Personally conduct, in conformance with the Quality Assurance


CONTROL Division’s self-inspection program, the command self-inspection of
OFFICER STOP REPORTS.
63. Ensure that the patrol supervisor/unit supervisor reviews the STOP
REPORTS and ACTIVITY LOGS and that appropriate actions are
taken where necessary.
a. In assessing the patrol/unit supervisor’s review of officers’ Level
3 encounters, determine whether the supervisor appropriately
reviewed the stop and, if conducted, the frisk and search, and any
force used. In making these determinations, consider whether the
supervisor examined the information recorded on the STOP
REPORT and appropriately evaluated whether the information
reasonably supports the conclusion that the member’s actions
were based upon reasonable suspicion.
b. Take appropriate remedial action if warranted, including
discipline, if appropriate.

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INTEGRITY c. Inform commanding officer and training sergeant of any matters of


CONTROL importance, including deficiencies or patterns of deficiencies in regard to
OFFICER the bases of stops and/or frisks conducted, or in the preparation of STOP
(continued) REPORTS and ACTIVITY LOGS.

EXECUTIVE 64. Personally conduct, in conformance with the Quality Assurance


OFFICER Division’s self-inspection program, the command self-inspection of
“POLICE INITIATED ENFORCEMENT.”

COMMANDING 65. Assume responsibility for the integrity of the administration of this procedure.
OFFICER 66. Consult with the executive officer, integrity control officer, platoon commanders,
special operations lieutenant, training sergeant, patrol supervisors/unit supervisors
to ensure the constitutionality and effectiveness of stops.
a. Identify training needs and necessary remedial or disciplinary
actions required.
b. Prepare a report on Typed Letterhead addressed to the
Commanding Officer, Legal Bureau requesting remedial training
for any members of the service identified as having a deficient
understanding of the law pertaining to street encounters.

NOTE Minor or inadvertent mistakes in documentation or isolated cases of erroneous but


good-faith stops or frisks by members of the service should ordinarily be addressed
through instruction and training. In most instances, instruction and training should be
accomplished at the command level. The application of the law in this area can be
complicated, and investigative encounters are fluid situations in which one event or
observation can alter the level of suspicion or danger. A single erroneous judgment will
not generally warrant referral to the Legal Bureau for retraining. However, members of
the service who evince a lack of comprehension of the core concepts of the law
governing this procedure should be referred to the Legal Bureau.

TRAINING 67. Conduct command level training to help ensure compliance with the
SERGEANT Department’s policy regarding investigative encounters.
a. Periodically review and identify command-wide and individual
training needs and necessary remedial actions.
b. Record training sessions in the Training Attendance Certification
Transcript Integrated Collection System (TACTICS) to assist with
future review and analysis of command’s compliance and training
in investigative encounters.
c. Identify members who have been referred for training in STOP
REPORTS and ensure that the training is conducted.
(1) Track, record and report such training to the commanding
officer on a quarterly basis.

ADDITIONAL There are many facts and circumstances that may lead a police officer to conclude that
DATA there is reasonable suspicion that a person has committed, is committing or is about to
commit a felony or Penal Law misdemeanor. Such factors may include information
received from third parties as well as the actions of the suspect, the suspect’s physical
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ADDITIONAL and temporal proximity to the scene of a crime, the suspect’s resemblance to the specific
DATA description of a perpetrator of a crime (based on more than just race, age and gender)
(continued) and information known to the officer about the suspect or particular location, among
other factors. Each situation is unique and the information available to members of the
service will vary.

“Furtive movements” or mere presence in a “high crime area,” standing alone, are insufficient
bases for a stop or frisk. Moreover, even when used in combination with other stop factors, the
stopping officer must be able to specifically describe the suspicious nature of the “furtive
movements” which she/he observed, and she/he must not define the “high crime area” too broadly,
such as encompassing an entire precinct or borough. In addition, a person may not be stopped
merely because he or she matches a generalized description of a crime suspect, such as an 18-25
year old male of a particular race. If a physical description is the only factor relied on by the
stopping officer, it must be more specific to form the basis for a stop. Individuals may not be
targeted for stops and frisks because they are members of a racial or ethnic group that appears
more frequently in local crime suspect data. Race may only be considered where the stop is based
upon a specific and reliable suspect description that includes not just race, age and gender, but
other identifying characteristics and information. When a police officer carries out a stop based on
reasonable suspicion that a person fits such a description, the officer may consider the race of the
suspect, just as the officer may consider the suspect’s height or hair color.

Commanding officers of commands other than patrol precincts, PSAs and transit districts (e.g.,
Detective Bureau, Strategic Response Group, etc.) will designate a supervisor to perform the
desk officer duties listed above. Photocopies of the STOP REPORTS will be sent via
Department mail to the precinct of occurrence daily. The precinct of occurrence will then
place the photocopies in sequential order in their STOP REPORT command binder.

Desk officers/designees in commands other than patrol precincts, PSAs or transit districts
will maintain a standardized STOP REPORT command binder with photocopies of STOP
REPORTS prepared by their respective command. Additionally, a corresponding Stop
Report Index for the command will be printed out daily and will likewise be maintained in
the command binder. Commanding officers will ensure that photocopied STOP REPORTS
maintained in the command binder are removed and filed in the command by year of
occurrence every January 1st and quarterly thereafter (April 1st, July 1st and October 1st).

All uniformed members of the service below the rank of Captain are required to carry ACTIVITY
LOG inserts INVESTIGATIVE ENCOUNTERS (PD383-090) and SUPPLEMENTAL
INSTRUCTIONS FOR PREPARATION OF STOP REPORT (PD383-151A) when performing
patrol duties in uniform.

RELATED Activity Logs (P.G. 212-08)


PROCEDURES Department Policy Prohibiting Racial Profiling and Bias-Based Policing (P.G. 203-25)
Executive Officer (P.G. 202-10)
Interior Patrol of Multiple Dwelling Buildings Enrolled in the Trespass Affidavit
Program (P.G. 212-59)
Interior Patrol of Housing Authority Buildings (P.G. 212-60)
Public Contact – General (P.G. 203-09)

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FORMS AND ACTIVITY LOG (PD112-145)


REPORTS RIGHT TO KNOW BUSINESS CARD (PD142-012)
RIGHT TO KNOW BUSINESS CARD – GENERAL (PD142-013)
COMMON LAW RIGHT OF INQUIRY – CONSENT SEARCH REPORT (PD541-161)
STOP REPORT (PD383-151)
INVESTIGATIVE ENCOUNTERS (PD383-090)
SUPPLEMENTAL INSTRUCTIONS FOR PREPARATION OF STOP REPORT
(PD383-151A)
Stop Report Index

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PATROL GUIDE
Section: Command Operations Procedure No: 212-12

CITYWIDE INTELLIGENCE REPORTING SYSTEM


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4

PURPOSE To record and refer for investigation suspected law violations or persons or
activities connected with major crime or terrorist activity.

SCOPE Some of the most powerful tools for the detection of criminal activity are the
observations of uniformed and civilian members of the service. Whether on or
off duty, performing patrol or administrative duties, members of the service can
perform an invaluable service by following the contents of this procedure. Each
piece of information provided by a member of the service when analyzed and
reviewed within the context of other information received, can effectively help
our Department’s effort to detect and deter criminal activity.

PROCEDURE Upon suspecting or observing information about the involvement of a person or


any other entity (e.g., business, vehicle, association of criminals) in ongoing
criminal activity or suspected terrorist activity, and when unable to effect a
summary arrest:

UNIFORMED 1. Obtain as much information as possible, including names, vehicle


MEMBER OF descriptions, times of the day, description of persons, etc.
THE SERVICE 2. Comply with P.G. 212-13 “Reporting Gang Related Criminal Activity,” if
information concerns criminal gangs, gang related/motivated incidents, etc.
3. Notify the Intelligence Bureau.
a. Suspected terrorist activity can also be reported to the Intelligence
Bureau, by members of the service and the public, through the
Counter Terrorism hotline.
b. Report all pertinent information.
4. Record Intelligence Bureau Log number and Intelligence Bureau member
notified in ACTIVITY LOG (PD112-145).

NOTE Any member of the service (uniformed or civilian) with information concerning suspected terrorist
activity will notify the desk officer of the command of occurrence and the Intelligence Bureau direct
or the Counter Terrorism hotline. The desk officer of the command of occurrence will ensure
that the contents of this procedure are adhered to when the reporting member of service is a
civilian, and will enter the Intelligence Bureau Log number and Intelligence Bureau member
notified in the Command Log.

All members of the service (uniformed and civilian) should become familiar with the
contents of Activity Log insert, “POSSIBLE INDICATORS OF TERRORIST
ACTIVITY (PD378-111).”

CRIMINAL 5. Enter all available information into intelligence database system and issue
INTELLIGENCE Intelligence Bureau Log number to member who reported the information.
SECTION a. Information related to suspected terrorist activity will be entered into
the database as a terrorism lead and handled accordingly.

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CRIMINAL b. Information related to traditional criminal activity will be entered as


INTELLIGENCE an intelligence report. Intelligence reports are available to Field
SECTION Intelligence Officers, Precinct Commanders, and Borough Commanders,
(continued) through the Department’s intranet.
6. Generate a printout of each intelligence report pertaining to traditional
criminal activity.
7. Transmit completed intelligence report received to Field Intelligence
Officer of command that reported the information.
a. Confirm receipt by telephone and enter name of member confirming
receipt on the bottom of the printout.
8. Forward any intelligence as follows:
a. Relating to suspected terrorist activity – Joint Terrorist Task Force
(JTTF). (The JTTF will review each terrorism lead and either accept the
case or refer it back to the Intelligence Bureau. All leads referred to the
Intelligence Bureau will be immediately assigned to the Intelligence
Bureau, Criminal Intelligence Section for appropriate investigation.)
b. Relating to vice, narcotics or organized auto theft – Vice
Enforcement Coordinator or Auto Crime Division, as
appropriate. Additionally, a telephone notification will be made to
the Detective Bureau Wheel twenty-four hours a day, seven days a
week when immediate follow up investigation is necessary
c. Organized crime as it relates to the private carting industry, City
owned wholesale markets, and boats involved in offshore shipboard
gambling emanating from New York City locations - Business
Integrity Commission, via the Detective Bureau Wheel.
d. Sexual exploitation of children information - Major Case Team,
Vice Enforcement Coordinator. Additionally, a telephone
notification will be made to the Detective Bureau Wheel twenty-
four hours a day, seven days a week when immediate follow up
investigation is necessary.
e. Any information relative to the traditional organized crime
families or Asian or Russian organized crime should be forwarded
to the Organized Crime Investigation Division, Intelligence and
Analysis Section, Monday through Friday between 0700 and 2200
hours
f. Information concerning criminal gangs, gang related/motivated
incidents, etc., comply with P.G. 212-13, “Reporting Gang
Related Criminal Activity”
g. Relating to suspected organized identity theft or organized theft rings
operating within New York City – Financial Crimes Task Force
h. Relating to suspected organized hate groups operating within New
York City - Hate Crime Task Force
i. Relating to suspected bank robbery activities occurring within
New York City - Joint Bank Robbery Task Force.

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DESK OFFICER 9. Confirm receipt of faxed printout.


10. Forward printout to field intelligence officer.

FIELD 11. Review printout for accuracy and completeness.


INTELLIGENCE a. Interview reporting officer to ascertain additional, relevant
OFFICER information or to clarify or explain, as necessary
b. Notify the Intelligence Bureau of any additional information.
12. Confer with commanding officer on a regular basis regarding information
obtained and reported.
13. Meet and confer with the Commanding Officer, Criminal Intelligence Section
on a regular basis.

COMMANDING 14. Conduct necessary review and follow up on reported information.


OFFICER, 15. Confer with field intelligence officers frequently regarding on-going
CRIMINAL investigations, crime trends or patterns, significant crimes, etc.
INTELLIGENCE a. Notify field intelligence officers concerned when useful
SECTION information is obtained regarding an ongoing investigation or
crime pattern, etc., from a different NYPD command, another law-
enforcement or confidential source, or as a result of analysis
performed by the Intelligence Bureau.

NOTE The Commanding Officer, Criminal Intelligence Section will meet on a regular basis with all
field intelligence officers. In addition, the Commanding Officer, Criminal Intelligence Section
will meet on a regular basis with other members of the Intelligence Bureau and query
other sources within the NYPD and other agencies to identify trends, patterns or
information relevant to ongoing investigations across the City and affecting other law-
enforcement agencies and jurisdictions.

16. Confer frequently with Commanding Officer, Intelligence Operations and


Analysis Section regarding intelligence information relevant to area of assignment.
Request detailed intelligence analysis as needed to support investigations
conducted by operational units or to support enforcement strategies.
a. Convey results of such analysis promptly to the appropriate
operational command.

COMMANDING 17. Ensure that all intelligence reports generated by this process are
OFFICER, forwarded to field intelligence officers and the Commanding Officer,
INTELLIGENCE Criminal Intelligence Section concerned without delay.
OPERATIONS 18. Meet at regular intervals with field intelligence officers concerned to
AND ANALYSIS provide intelligence overview briefings and to review intelligence needs
SECTION of operational field commands.

NOTE The Commanding Officer, Intelligence Operations and Analysis Section will forward monthly
reports to all commands concerned regarding the number of reports and type of
intelligence received by the Intelligence Bureau pursuant to this procedure.

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COMMANDING 19. Ensure timely reporting of useful intelligence to operational field


OFFICER, commands under this procedure.
INTELLIGENCE 20. Ensure that all intelligence is filed chronologically within command and
OPERATIONS produced when necessary to aid an investigation or as otherwise required
AND ANALYSIS by law.
SECTION
(continued)

COMMANDING 21. Provide quarterly reports to the Chief of Department on the results of this
OFFICER, procedure.
INTELLIGENCE
BUREAU

ADDITIONAL Members of the service who become aware of hidden compartments (traps) in specific
DATA vehicles, regardless of whether an arrest is effected, will comply with this procedure and
report this information as criminal intelligence. In addition to any other information, the
following data will be obtained and reported for entry into the Intelligence Database (I-
Base):
a. Year, make and model of vehicle (e.g., 1998 Nissan Maxima)
b. Registration plate number
c. VIN number
d. Location of trap (e.g., passenger side airbag compartment, floorboard,
etc.)
e. Property in trap (e.g., guns, drugs, empty, etc.)
f. How trap is activated, if known (e.g., defroster ‘on’, emergency brake
‘on’, cigarette lighter ‘pushed in’, cruise control ‘on’, driver’s seatbelt in
‘locked position’)
g. Name/location of trap installer, if known (e.g., ‘JJ’s Car Audio Systems,
1313 Tremont Avenue, Bronx, N.Y.’).

Nothing in this procedure alters the obligation of members of the service to report complaints
of public morals, narcotics and organized crime related offenses to the Investigative Support
Section, Real Time Crime Center (pursuant to P.G. 207-08, “Preliminary Investigation of
Vice, Narcotics or Organized Crime Related Complaints”).

Detectives assigned to the Intelligence Bureau are available twenty-four hours a day to assist
investigators and arresting officers in debriefing prisoners with regard to developing intelligence
information.

The Intelligence Bureau may be contacted twenty-four hours a day. The Intelligence Bureau’s,
Criminal Intelligence Section may also be contacted 24 hours a day for investigative case support
by means of performing queries in various city, state, federal and commercial computer databases.

RELATED Preliminary Investigation of Vice, Narcotics or Organized Crime Related Complaints


PROCEDURES (P.G. 207-08)
Reporting Gang Related Criminal Activity (P.G. 212-13)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378-111)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-13

REPORTING GANG-RELATED CRIMINAL ACTIVITY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4

PURPOSE To establish and define the procedures required of uniformed members of the service
for reporting gang-related/motivated criminal activity of suspected gangs or gang
members.
DEFINITIONS For the purpose of this procedure, the term “gang” and “crew” are
interchangeable and the same protocol will be followed for gang and/or crew
members using the following definitions:

GANG - Any ongoing organization, association or group of three or more


persons, whether formal or informal, having as one of its primary activities, the
commission of one or more criminal acts (including drug dealing), having a
common name or common identifying sign or symbol, and whose members
individually or collectively engage in or have engaged in a pattern of criminal
gang activity.

GANG-MOTIVATED INCIDENT - Any gang-related incident that is done primarily:


a. To benefit or further the interests of the gang, or
b. As part of an initiation, membership rite, or act of allegiance to or support
for a gang, or
c. As a result of a conflict or fight between gang members of the same or
different gangs.

GANG-RELATED INCIDENT - Any incident of unlawful conduct by a gang


member or suspected gang member. All gang-motivated incidents are, by
definition, also gang-related incidents.

GANG-RELATED INTELLIGENCE - Information about a gang, suspected gang,


an individual gang, or suspected gang member. This includes information about
gang meetings, recruiting attempts by gangs, plans by persons affiliated with a
gang to organize or take part in public events, “community” events (as defined by
a gang), intelligence obtained from social media networks, as well as any
information useful in developing profiles and intelligence about gang activities.

PROCEDURE Upon becoming aware of gang-related intelligence, learning of a possible gang-


related or gang-motivated incident, or upon making an arrest of a suspected or
identified gang member for any offense:

UNIFORMED 1. Take immediate action as necessary.


MEMBER OF 2. Notify the patrol supervisor.
THE SERVICE 3. Enter information in ACTIVITY LOG (PD112-145), if appropriate.
4. Contact the Detective Borough Wheel concerned immediately, 24 hours/7
days a week.
a. Provide all pertinent information to Detective Borough Wheel
member accepting the report.
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UNIFORMED 5. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A)


MEMBER OF and/or ON-LINE BOOKING SYSTEM ARREST WORKSHEET
THE SERVICE (PD244-159), as necessary.
(continued) 6. Enter the following information in ACTIVITY LOG and/or
COMPLAINT REPORT WORKSHEET and/or ON-LINE
BOOKING SYSTEM ARREST WORKSHEET, as necessary:
a. Rank, name and tax number of Detective Borough Wheel member
taking notification
b. Detective Borough Wheel log number
c. Indication if incident was possibly gang-related
(1) Complete “Possibly Gang Related” caption on
COMPLAINT REPORT WORKSHEET.
7. Be guided by direction given by Detective Borough Wheel member.
a. If requested, and when feasible, remain at command until
Borough Gang Squad investigators arrive.

DETECTIVE 8. Obtain as much information as possible from member of the service


BOROUGH making notification, including detailed contact information for the
WHEEL member of service.
MEMBER 9. Notify supervisor in Borough Gang Squad concerned immediately.

BOROUGH 10. Review information received to determine whether immediate response to


GANG SQUAD command of occurrence is necessary.
SUPERVISOR 11. Contact member that made notification to Detective Borough Wheel.
a. Determine if response of Borough Gang Squad personnel is
appropriate.
b. Advise member making notification to remain available, when
feasible, if it appears additional information will be needed or if
Borough Gang Squad personnel are responding to member’s
location.

BOROUGH 12. Review information received and respond to command of occurrence, if


GANG SQUAD directed by Borough Gang Squad supervisor.
MEMBER 13. Obtain, prior to responding:
a. Any and all information on gang incidents or activity which may have
previously occurred within subject area of command in question
b. Results of name checks on gang members involved in subject
incident
c. Results of all queries in pertinent Gang databases
d. Photographs of gang members involved.
14. Assist and provide all pertinent intelligence to arresting officer and
detective assigned.
15. Prepare COMPLAINT FOLLOW-UP INFORMATIONAL (pink)
(PD313-081A) in the Enterprise Case Management System (ECMS)
describing any intelligence gathered from the incident and attach photos
of the subjects involved.
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BOROUGH 16. Notify Transit Bureau Wheel of all pertinent information, if appropriate.
GANG SQUAD
MEMBER
(continued)

BOROUGH 17. Enter information in Borough Gang Squad database (ECMS).


GANG SQUAD 18. Issue a Borough Gang Squad number if investigation reveals incident is
SUPERVISOR/ gang-related or gang-motivated.
MEMBER 19. Enter all information obtained during debriefing, etc., into pertinent
Borough Gang Squad databases (ECMS).

DESK OFFICER 20. Review and sign COMPLAINT REPORT WORKSHEET and ON-
LINE BOOKING SYSTEM ARREST WORKSHEET, as appropriate,
ensuring notification to Detective Borough Wheel was made and log
number was documented.

PRECINCT/ 21. Keep the Borough Gang Squad informed of developments in the
BUREAU investigation, particularly those that may either support or disprove that
DETECTIVE the incident was gang/crew-related or gang/crew-motivated.
SQUAD a. Document all conferrals with Borough Gang Squad personnel on a
MEMBER COMPLAINT FOLLOW-UP INFORMATIONAL (pink) in
ASSIGNED ECMS case folder.
b. Notify Borough Gang Squad when during the course of an
investigation, an offense is determined to be gang-motivated or
gang-related.

FIELD 22. Coordinate intelligence, identify gangs and maintain gang file, including
INTELLIGENCE the names of known members, locations, colors, rivals, etc.
OFFICER

COMMANDING 23. Determine if an incident is gang-related or gang-motivated within five


OFFICER, days from date of occurrence, if possible.
BOROUGH 24. Prepare and forward to Chief of Department each month the following:
GANG SQUAD a. A statistical report summarizing all gang-related and gang-motivated
incidents
b. An analysis summarizing activity and trends concerning gangs.

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
Uniformed members of the service should record all pertinent information regarding
vehicles (i.e., plate, state, make, model, etc.) in the “Narrative” section of the ON-LINE
BOOKING SYSTEM ARREST WORKSHEET.

All Detective Borough Wheels have a 24 hours, 7 days a week intake capability and may
dispatch detectives to debrief gang members, victims and witnesses of gang-related or
gang-motivated incidents.

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ADDITIONAL The Borough Gang Squad will ensure that intelligence obtained regarding suspected
DATA gangs/crews or gang members is shared with Department units to further their
(continued) investigations and reduce crime.

Intelligence information that is not gang-related/motivated must be reported to the


Intelligence Bureau as described in P.G. 212-12, “Citywide Intelligence Reporting
System."

DEPARTMENT POLICY

The Borough Gang Squads serve as the Department’s central repository of intelligence
on gangs.

Clerical members assigned to precincts, transit districts, police service areas, detective
squads, etc., will immediately notify the desk officer when a walk-in complaint is
received concerning a possible gang-related or gang-motivated incident and be guided
by the supervisor’s instructions including, but not limited to, ensuring that a detective
interview is conducted regarding criminal activity and gang affiliation.

RELATED Citywide Intelligence Reporting System (P.G. 212-12)


PROCEDURES Guidelines for Uniformed Members of the Service Conducting Investigations Involving
Political Activities (P.G. 212-72)
On-Line Juvenile Report System (P.G. 215-08)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT FOLLOW-UP INFORMATIONAL (pink) (PD313-081A)
COMPLAINT REPORT WORKSHEET (PD313-152A)
ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-14

TRAFFIC INTELLIGENCE REPORT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/19/13 08/19/13 1 of 3

PURPOSE To report traffic conditions that need to be addressed by the New York City Police
Department or other outside agencies (i.e., collision-prone locations, chronic traffic
congestion-prone locations, double parking, requests for signs or signal lights,
pavement markings, construction projects, etc.).

PROCEDURE Whenever a uniformed member of the service observes a traffic condition that is
not immediately correctable and the need for further assistance is required, OR
when a collision-prone location is identified by the Traffic Accident Management
System (TAMS):

UNIFORMED 1. Prepare TRAFFIC INTELLIGENCE REPORT (PD178-150) when a


MEMBER OF traffic condition is observed and is not immediately correctable by
THE SERVICE available resources.
2. Indicate on TRAFFIC INTELLIGENCE REPORT:
a. Specific type of condition(s)
b. Times
c. Place(s) of occurrence
d. Any corrective measures taken or recommended.

NOTE Print clearly and fill in all captions that pertain to the condition. Use common language
to describe the condition.

3. Utilize reverse side of TRAFFIC INTELLIGENCE REPORT for:


a. Detailed description
b. Diagram(s), if applicable
c. Additional comments.
4. Submit completed TRAFFIC INTELLIGENCE REPORT to the traffic
safety officer, command of occurrence, before end of tour.

NOTE If the condition was observed on a limited access highway, submit the completed
TRAFFIC INTELLIGENCE REPORT to the highway unit concerned.

TRAFFIC 5. Review TRAFFIC INTELLIGENCE REPORT(S) daily and indicate in


SAFETY the appropriate space on the report:
OFFICER a. Any corrective action taken
b. Recommendations
6. Maintain a Precinct/Highway Unit Traffic Intelligence Report Log to record
each TRAFFIC INTELLIGENCE REPORT submitted, captioned as
follows:

Precinct Date of Location Condition Corrective Recommendation Date Fwd


Serial # Report Action Taken to DOT

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NOTE TRAFFIC INTELLIGENCE REPORTS concerning the same condition, at the same
location, during the same week (Monday through Sunday) will be grouped together and
given one precinct serial number. The traffic safety officer will forward only one
TRAFFIC INTELLIGENCE REPORT to the borough traffic safety coordinator, but will
indicate how many other REPORTS were received to report the same condition.

WHEN A COLLISION-PRONE LOCATION HAS BEEN IDENTIFIED BY TAMS:

TRAFFIC 7. Conduct a survey of each collision-prone location to determine what


SAFETY specific factors contribute to a location’s high collision rate.
OFFICER 8. Prepare TRAFFIC INTELLIGENCE REPORT as specified in step 2 above
for each collision-prone location.
9. Confer with executive officer regarding conditions that can be corrected at
the precinct level through use of available resources.
10. Establish liaison with outside agencies (NYC Department of Transportation,
Parks Department, Department of Environmental Protection, Department of
Buildings, etc.) to address conditions that cannot be corrected by precinct
personnel.

NOTE If the TRAFFIC INTELLIGENCE REPORT concerns an engineering recommendation, a copy


of the REPORT will be forwarded to the Department of Transportation borough commissioner’s
office. A telephone notification will also be made and indicate the date, time, and person notified at
the DOT borough office on the TRAFFIC INTELLIGENCE REPORT. Indicate the date
REPORT was forwarded to DOT in the precinct Traffic Intelligence Report Log.

11. Forward copies of TRAFFIC INTELLIGENCE REPORTS to the borough


traffic safety coordinator WEEKLY and indicate:
a. Corrective actions taken and/or recommendations for further
measures, if necessary.
b. File copies of the TRAFFIC INTELLIGENCE REPORT for
precinct/highway unit records.

NOTE Conditions requiring immediate attention such as complaints of potholes, missing traffic
signs, inoperable signal lights, etc., will NOT be forwarded to the borough traffic safety
coordinator. Upon making an observation of a condition requiring immediate attention,
corrective action must be initiated by the member of the service at the scene of the
condition including a notification to the precinct telephone switchboard operator for entry
on the HIGHWAY CONDITION RECORD (PD311-151).

OPERATIONS 12. Ensure each Monday the WEEKLY STREET CONDITIONS SURVEY
COORDINATOR (PD311-150) is reviewed and appropriate agencies/members notified.

NOTE Preparation of a TRAFFIC INTELLIGENCE REPORT does not relieve precinct


personnel from taking other corrective action to expedite the flow of vehicular traffic and
ensure pedestrian safety.

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BOROUGH 13. Maintain a borough Traffic Intelligence Report Log utilizing the same
TRAFFIC SAFETY format as specified above but with an additional column for the borough
COORDINATOR serial number.
14. Confer with borough executive officer regarding conditions that can be
corrected at the borough level through the use of borough resources.
15. Forward copies of the TRAFFIC INTELLIGENCE REPORT to the
Traffic Management Center ONLY where precinct or borough personnel
cannot correct condition(s) and the condition(s) is not reportable on the
WEEKLY STREET CONDITIONS SURVEY or HIGHWAY
CONDITION RECORD.

TRAFFIC 16. Review and analyze TRAFFIC INTELLIGENCE REPORTS and:


MANAGEMENT a. Assist precinct or patrol borough in correcting condition(s).
CENTER b. Confer with outside agencies, if applicable.
TRAFFIC c. Report findings to the commanding officer.
SAFETY
OFFICER

ADDITIONAL A TRAFFIC INTELLIGENCE REPORT will be prepared for all incidents involving a
DATA construction site (refer to P.G. 214-16,“Construction Sites”). Include all permit
numbers, indicate if a check of the New York City Department of Transportation’s
Management Oriented Street Attributes Information Control System (MOSAICS)
computer was made and indicate the results, including any enforcement action taken. A
computer check can be made twenty-four (24) hours a day through the Traffic
Management Center by telephone.

A liaison with city, state, and federal agencies must be established at the borough and
precinct level to ensure a coordinated effort to correct conditions which are considered
outside the Department’s purview. The borough traffic safety coordinator will be
responsible for maintaining a current list of liaisons with such outside agencies.

RELATED Traffic Safety Coordinator (P.G. 202-06)


PROCEDURES Traffic Safety Officer (P.G. 202-28)
Emergency Plans “A” - “B” - “C” (P.G. 213-13)
Construction Sites (P.G. 214-16)
Weekly Street Conditions Survey & Daily Observations Of Highway Conditions Requiring
Corrective Action (P.G. 214-22)
Accidents and Collisions - City Involved (P.G. 217-04)

FORMS AND TRAFFIC INTELLIGENCE REPORT (PD178-150)


REPORTS WEEKLY STREET CONDITIONS SURVEY (PD311-150)
HIGHWAY CONDITION RECORD (PD311-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-15

LOJACK STOLEN VEHICLE RECOVERY SYSTEM


AND MONTHLY REPORT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/01/16 06/01/16 1 of 3

PURPOSE To provide guidelines for tracking and recovering stolen vehicles when utilizing
the Lojack Stolen Vehicle Recovery System (SVRS).

DEFINITION POLICE TRACKING UNIT (PTU) - a two officer RMP equipped with a Police Tracking
Computer (PTC). The RMP Recorder is responsible for recording all tracking incidents.

TRACKING - the process of utilizing a Police Tracking Computer (PTC) in an


effort to locate a vehicle emitting an active radio signal (no visual contact made).

PROCEDURE When an RMP crew is assigned to perform patrol duties in a Police Tracking Unit:

RMP 1. Place the locking switch of the Police Tracking Computer (PTC) in the
RECORDER lock position to allow the system to do a complete diagnostics check
before starting the RMP.
2. Place the locking switch in the unlock position upon completion of the
diagnostics check.
3. Place the locking switch in the lock position immediately upon receiving
a signal that a stolen vehicle is within range.

NOTE The receipt of a Lojack signal by a Police Tracking Unit (PTU) establishes reasonable
suspicion that a crime has been committed. Additional information must be obtained to
establish probable cause prior to arresting the vehicle occupant(s).

4. Note the five digit alpha numeric code of the vehicle being tracked and
transmit that code and your present location to the radio dispatcher.

RADIO 5. Notify the patrol supervisor of the RMP designation engaged in tracking
DISPATCHER an active radio signal.
6. Enter the five digit code into NYSPIN and inform the requesting unit of
the following vehicle information:
a. Registration number
b. Make and model
c. Color and year
d. Other relevant information regarding theft.

PATROL 7. Monitor tracking activities of Police Tracking Unit (PTU) and terminate tracking
SUPERVISOR if required by policies of the Department, or when otherwise appropriate.

WHEN A VEHICLE IS BEING TRACKED WITHOUT VISUAL CONTACT

RMP 8. Advise radio dispatcher when it is necessary to cross precinct boundaries


RECORDER to continue tracking. Police Tracking Units (PTU) shall not track beyond

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their precinct boundaries without the permission of the patrol supervisor.


NOTE Uniformed members of the service are not authorized to track vehicles beyond New York
City limits under any circumstances. RMP recorders will request the radio dispatcher to
notify the police department concerned about vehicle information and direction of travel
when a vehicle leaves the city limits.

PATROL 9. Request the radio dispatcher to assign a Police Tracking Unit (PTU) in
SUPERVISOR adjoining precinct to continue tracking vehicle if no visual contact has been
made, when available. If unavailable, determine whether RMP should
continue tracking beyond precinct boundaries.

WHEN VISUAL CONTACT IS MADE WITH A VEHICLE RMP RECORDER

RMP 10. Advise radio dispatcher whether the vehicle is occupied or unoccupied; moving or
RECORDER parked.
11. Take appropriate action (e.g., arrest, notification to adjoining police
department, etc.), regardless of precinct boundaries. Members shall be
guided by P.G. 221-15, “Vehicle Pursuits”, whenever they are in pursuit
of a vehicle emitting active radio signals.
NOTE The patrol supervisor shall ensure that the provisions of P.G. 221-15, “Vehicle Pursuits,” are
strictly observed. Patrol supervisors must monitor all tracking incidents within their area of
assignment and must terminate pursuits/tracking whenever appropriate.

ALL TRACKING SITUATIONS

RADIO 12. Notify adjoining precinct when a tracking incident progresses into their boundaries.
DISPATCHER
NOTE No other RMP will participate in an on-going track unless directed to do so by the
patrol supervisor.

RMP 13. Notify radio dispatcher when a signal is lost, a vehicle is recovered, or
RECORDER when an arrest is effected.
14. Make an appropriate ACTIVITY LOG (PD112-145) entry for each
tracking incident.
15. Follow normal Patrol Guide procedures for recovery of stolen/abandoned
vehicles.
16. Indicate in the “Remarks” section of the PROPERTY CLERK
INVOICE (PD521-141) that the vehicle was recovered using the Police
Tracking Computer (PTC).

COMMANDING 17. Ensure that the LOJACK MONTHLY REPORT (PD171-152) is forwarded
OFFICER to the Chief of Patrol, through channels, by the third day of each month.
ADDITIONAL Deactivation of Radio Transmitter - The radio transmitter in a recovered vehicle will be
DATA automatically deactivated when information is received by NYSPIN that the vehicle has
been recovered or the alarm is canceled. Thus, an alarm will be canceled whenever a
Lojack equipped vehicle is to be safeguarded at the stationhouse as evidence, pending
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transport to the auto pound.


ADDITIONAL Recovery of Vehicles on Private Property - Police officers shall not enter upon private
DATA property to track a vehicle. However, Police Tracking Units (PTU) may enter upon
(continued) private property if: (1) they are in close pursuit of a vehicle which is attempting to elude
apprehension and is emitting a radio signal, or (2) there is an emergency situation, or
(3) there are other exigent circumstances, or (4) a search warrant is obtained. The mere
fact that a vehicle on private property is emitting a radio signal does not constitute an
emergency or exigent circumstances. The patrol supervisor shall notify the Auto Crime
Division, if available to determine whether a search warrant should be obtained, or
whether a COMPLAINT REPORT (PD313-152) should be prepared or the Intelligence
Bureau notified. When Auto Crime is unavailable, confer with the Precinct Detective
Squad.
Replacement and Repair of SVRS Equipment - The Fleet Services Division will be
notified whenever a Police Tracking Unit (PTU) is expected to be out of service for an
extended period of time (e.g., major mechanical repairs, vehicle collision, etc.) or when
broken or malfunctioning SVRS equipment needs replacement or repair.

All commands with vehicles equipped with Lojack Police Tracking Computers (PTC’s)
will prepare LOJACK MONTHLY REPORT (PD171-152). This report will provide the
Department with the information necessary to analyze and assess the Lojack System, as
well as track recovery activity. Negative reports will also be forwarded.

The LOJACK MONTHLY REPORT requires a complete entry by the recovering


command whenever a vehicle is recovered using a Lojack Police Tracking Computer.
However, the Aviation Unit must report every tracking incident in which the unit is
involved. The Aviation Unit will enter only the following information on the LOJACK
MONTHLY REPORT:
a. Alarm number
b. Date/time of track
c. Command where Lojack signal was picked up.

The LOJACK MONTHLY REPORT will be forwarded by the third day of each month,
for the previous month’s activity, through channels, to the Patrol Services Bureau.

To maximize the effectiveness of the Department’s Stolen Vehicle Recovery System, all
platoon commanders (or desk officers in their absence) will ensure that at least one
Lojack Police Tracking Computer equipped vehicle is on patrol on every tour.
Additionally, desk officers will ensure that alarms for all complaints of stolen vehicles
are promptly transmitted.

RELATED Vehicle Stolen and Recovered Within New York City (P.G. 218-14)
PROCEDURES Vehicle Stolen Outside New York City - Recovered Within New York City (P.G. 218-15)
Photographing Stolen Evidence Vehicles When An Arrest Is Made (P.G. 218-18)
Vehicle Pursuits (P.G. 221-15)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT (PD313-152)
LOJACK MONTHLY REPORT (PD171-152)
PROPERTY CLERK INVOICE (PD521-141)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-16

EVACUATIONS OF NEW YORK CITY TRANSIT TRAINS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide procedures for the evacuation of trains.

DEFINITIONS REACH TRAIN - A train brought in front of or behind a stalled train, to which
passengers transfer by walking through the stalled train.

RESCUE TRAIN - A train brought alongside a stalled train, to which passengers


can cross by using emergency evacuation devices.

EMERGENCY EVACUATION DEVICES - located at the south end of the


southbound platform near the first emergency telephone blue light for
underground stations and near the twenty-four hour token booth on elevated
stations. One side of the device can be used as a ramp and the other as a ladder.

PROCEDURE Upon receiving information that a train is to be evacuated or a discharge of


passengers is ordered:

EMERGENCY SITUATIONS

UNIFORMED 1. Immediately notify the patrol supervisor/duty captain through the radio
MEMBER OF dispatcher and report who on the scene ordered the evacuation and reason.
THE SERVICE 2. Comply with instructions of duty captain regarding evacuation, including
whether to evacuate passengers to a reach train, to a rescue train, or otherwise.
3. Advise passengers of the reason for the evacuation.
4. Coordinate and cooperate with New York City Transit personnel on scene.
5. Avoid unnecessary forceful confrontations with passengers.
6. Evacuate passengers as directed by patrol supervisor or duty captain.
a. If a reach train is used, direct passengers to walk through train
towards the first or last car, as appropriate.
b. If a rescue train is used, assist passengers to cross gap between
trains over emergency evacuation devices.
c. If no reach or rescue train is used, direct passengers onto
benchwall via emergency evacuation devices and lead to nearest
station, or if this is not practical, to the nearest emergency exit.

NOTE If passengers are to be evacuated to the benchwall or roadbed, ensure that power is
removed prior to evacuation. Power is not removed if passengers are evacuated to a
rescue train or a reach train.

7. Evacuate passengers onto the tracks via emergency evacuation devices


and lead to the nearest station or emergency exit as conditions warrant, if
no other means are available.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-16 08/01/13 2 of 2

NOTE In the event that some passengers are non-ambulatory, emergency equipment shall be used.

PATROL 8. Establish command post.


SUPERVISOR 9. Keep radio dispatcher and duty captain informed of conditions and need
for additional personnel.

DUTY 10. Immediately contact the New York City Transit, Rapid Transit
CAPTAIN Operations Command Center via radio and inform them of the condition.
a. Consult with Rapid Transit Operations Command Center to
determine if either a reach train or rescue train will be used, or if
passengers should be evacuated via benchwall or roadbed.
11. Maintain constant communication with Rapid Transit Operations
Command Center and personnel at the scene.
12. Direct sufficient personnel and supervision to the scene and make
appropriate notifications as required.

NON-EMERGENCY SITUATIONS

UNIFORMED 13. Coordinate activities with New York City Transit personnel on scene.
MEMBER OF 14. Use tact and courtesy and avoid unnecessary forceful confrontations with
THE SERVICE passengers remaining on the troubled train.
15. Advise passengers who are reluctant or refuse to evacuate that they will
be taken to an alternate location when possible.
16. Notify the duty captain of the movement and arrival at the alternate
location, when assigned to ride the affected train with passengers aboard.

PATROL 17. Make appropriate assignments of personnel in accordance with the


SUPERVISOR number of passengers who choose to continue on the train.

DUTY 18. Communicate with Rapid Transit Operations Command Center and field
CAPTAIN personnel on scene to ensure the assignment of sufficient personnel to effect
the safe movement and discharge of passengers at the alternate terminus.

ADDITIONAL For both emergency and non-emergency situations, the duty captain or ranking member
DATA in charge will ensure that a report on Typed Letterhead is prepared describing the
circumstances of the incident and any action(s) taken. The report is to be forwarded to
the Chief, Transit Bureau.

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-17

PROCEDURES AT SCENES OF CRITICAL SITUATIONS ON


NEW YORK CITY TRANSIT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide procedures to be followed at the scene of certain incidents.

PROCEDURE The following procedures will be followed in cases of fires, floods, collisions,
derailments, persons under trains and other major disruptions of service:

UNIFORMED 1. Remove power from affected area, when necessary.


MEMBER OF 2. Post a responsible person in the street near the scene to direct responding
THE SERVICE emergency units and equipment.
3. If necessary, evacuate or remove persons from trains and/or stations.
4. DO NOT permit the removal of a sick or injured member of the Fire
Department without consent of the fire officer in charge.
5. Remove person(s) from under trains except when person is deceased and
possibly the victim of a crime, when possible.
6. Administer necessary first aid to victim(s).
7. Exclude unauthorized person(s) from the area.
8. Establish police/fire lines.
9. Establish a command post.
10. Obtain the names, addresses and telephone numbers of all witness(es),
and their employer’s names, business addresses and telephone numbers.
a. Record this information in ACTIVITY LOG (PD112-145) together
with any statement made by such witness(es).
11. Report full details to the duty captain or incident commander, unless a
supervisor designates another member to report details, when assigned to
post on which the incident occurred.
a. Include the following information, where applicable:
(1) Train operator’s name, address, telephone number, pass
number, run number and regular days off
(2) Statement of train operator
(3) Conductor-in-charge’s name, address, telephone number,
pass number, run number and regular days off
(4) Statement of conductor-in-charge
(5) Line
(6) Northbound or southbound, express or local
(7) Lead motor car number
(8) Departure time
(9) Point of departure
(10) Terminus
(11) Car numbers
(12) Car(s) involved
(13) Police Emergency Service Unit truck number
(14) Detective handling the investigation
(15) Power ordered off - by whom, time
(16) Power ordered restored - by whom, time

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-17 08/01/13 2 of 2

DUTY 12. Prepare a report on Typed Letterhead, describing circumstances of


CAPTAIN/ incident and any action(s) taken.
INCIDENT a. Forward report to Chief, Transit Bureau.
COMMANDER

ADDITIONAL All uniformed members of the service, especially those assigned to subway patrol duty,
DATA should be cognizant of the New York City Transit (NYCT) procedure for train crews to
signal for police assistance.

The train operator and/or conductor may utilize a train horn or whistle to request police
assistance, as follows:

LONG SOUND immediately followed by a SHORT SOUND, and then another LONG
SOUND immediately followed by a SHORT SOUND.

Members of the service, upon hearing the above sound signals, shall, in a tactically safe
manner, immediately respond to the nearest member of the train crew (either the
conductor or train operator), to investigate the police condition.

Members of the service are reminded that personal safety is of paramount importance
and they always must exercise sound tactics and good judgement whenever they respond
to a train signaling for police assistance.

As always, all police action will be recorded in the member’s ACTIVITY LOG including any
reports prepared and/or notifications made.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-19

ANIMALS ON NEW YORK CITY PUBLIC TRANSPORTATION


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 3

PURPOSE To provide procedures for uniformed members of the service coming into contact
with dogs or other animals on the New York City Transit system or aboard New
York City Transit buses.

SCOPE Section 1050.9(h)(1), New York Code Rules and Regulations - “No person may
bring any animal on or into any conveyance or facility unless enclosed in a
container and carried in a manner which would not annoy other passengers.”

The following are exemptions to this section of law:


a. NYPD Canine Team dogs or other working dogs for law enforcement agencies
b. Seeing eye dogs or other service animals that are harnessed and trained to
assist persons who are visually impaired
c. Hearing guide dogs or other service animals trained to assist a person with
a hearing impairment
d. Support dogs or other service animals that are trained to assist a person
with a physical impairment
e. Animals used to assist persons with disabilities that are not readily apparent,
including epilepsy, heart disease, lung disease, and other medical conditions
f. Animals which are being trained as service animals and are accompanying
persons with disabilities
g. Service animals undergoing training by professional trainers possessing the
necessary identification such as:
(1) Training school identification OR
(2) Letter from the training school OR
(3) A training school collar tag.

NOTE An individual with a disability who is accompanied by a service animal cannot be required
to submit proof of disability or any form of documentation, or to demonstrate or otherwise
prove that the animal is a service animal. An officer who is uncertain as to whether the
animal is a service animal may inquire regarding whether such animal is providing
assistance because of a disability.

Animals whose behavior poses a direct threat to the health or safety of others, or whose
presence creates an undue risk to the general public, may be excluded.

Dogs are the most common service animals, but other animals may be utilized as service
animals, provided they perform specific functions and tasks pertaining to an individual’s
disability. However, it should be noted that many service animals are not identified by
special or colored collars or harnesses, nor is the owner required to present a license or
other identification for the animal. Service animals must be harnessed or leashed (and
otherwise within control of the handler).

For further guidance on whether an animal qualifies as a service animal under the
disabilities’ laws, contact the Legal Bureau.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-19 02/04/15 2 of 3

PROCEDURE Whenever a dog or other animal is observed on the system or the handler is NOT
exempted as specified above:

UNIFORMED 1. Eject from the transit system any person or persons violating Section
MEMBER OF 1050.9(h), New York Code of Rules and Regulations for the use of the
THE SERVICE New York City Transit System.
a. Issue a Criminal Court summons or Transit Adjudication Bureau
(TAB) - Notice of Violation, if necessary.
2. Comply with the following, if coming upon a stray animal, excluding dogs,
on the transit system:
a. Notify the Communications Section, including:
(1) Type of animal
(2) Direction of flight
(3) Assistance needed.
b. Restrain animal in a safe place.
c. Remain with animal until arrival of the Animal Care and Control
of New York City (A.C. & C.).
3. Comply with the following, if coming upon a stray dog on the transit system:
a. Notify radio dispatcher, including the direction of flight and
assistance needed.
b. Restrain animal in a safe place.
c. Remain with animal until arrival of the Animal Care and Control
of New York City.
d. DO NOT chase after a dog while attempting to secure it because
this may cause it to run away from the perceived threat.
e. Request Emergency Service Unit to restrain a dog if it is causing a
safety hazard and must be restrained.

NOTE If a restraining pole is necessary, it should not be held out in front of the dog, waved or
presented as a weapon, as this will threaten the dog and cause it to run away. If a dog is
dangerous, the use of a tranquilizer gun may be required.

f. Request a patrol supervisor and Emergency Service Unit, if a dog is


on the roadbed.
(1) DO NOT enter roadbed to retrieve the dog without the
permission of the patrol supervisor.
g. Notify radio dispatcher, if a dog enters a tunnel, of the station the
dog is heading towards.
(1) Patrol supervisor shall confer with Emergency Service Unit
member concerned to determine the need to turn off power.
4. Notify radio dispatcher, if coming upon a dead animal.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-19 02/04/15 3 of 3

COMMUNICATIONS 5. Notify the Animal Care and Control of New York City (A.C. & C.) in
SECTION cases of stray or injured animals. In emergency situations between 2000
hours and 0800 hours weekdays, and twenty four hours a day on
weekends and holidays contact the Operations Division.

NOTE Operations Division personnel will then notify the A.C. & C. member who is on-call for
emergencies who will respond and/or provide instructions.

6. Notify New York City Transit Maintenance-of-Way Department in cases


where a dead animal is on the roadbed.
7. Notify New York City Transit Station Department to remove dead animal
from the station to the street.
8. Notify the Department of Sanitation of street location where dead animal is
to be removed.
9. Ensure that Emergency Service Unit vehicle equipped with a restraining
device and tranquilizer gun is dispatched when it has been requested, and
animal poses a safety hazard.

RELATED Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal


PROCEDURES Court (P.G. 209-09)
Care and Disposition of Animals (P.G. 214-33)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-20

EJECTION FROM NEW YORK CITY TRANSIT PROPERTY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To provide procedures for uniformed members of the service having occasion to
eject a passenger from New York City Transit property.

SCOPE Any person who violates any portion of NYCRR Part 1050, regardless of whether
or not that person has also been issued a Transit Adjudication Bureau/Notice of
Violation (TAB summons) or a Criminal Court Summons for that violation, is
subject to ejection from New York City Transit facilities. Issuance of a Notice of
Violation does not preclude a uniformed member of the service from ejecting a
passenger from the transit system, if the member concerned deems it appropriate.

PROCEDURE When necessary to eject a passenger:

UNIFORMED 1. Advise passenger of ejection and reason.


MEMBER OF 2. Permit passenger, who voluntarily leaves the property or shows a
THE SERVICE willingness to do so, to leave without interference.
3. Use no more force than is necessary to effect the ejection, if passenger
refuses to leave.
a. Generally, grasping the upper arm and forearm to escort the person
off the system is considered using reasonable force necessary to
effect the ejection.

NOTE If the passenger’s conduct is such that it requires more force than is ordinarily needed to
assist and guide the passenger out of the transit system, an arrest may be appropriate.

4. Make ACTIVITY LOG (PD112-145) entries and prepare a TRANSIT


SYSTEM EJECTION REPORT (PD372-140) each time an ejection is
effected.
5. Submit the completed TRANSIT SYSTEM EJECTION REPORT to the
district desk officer prior to completion of tour.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS TRANSIT SYSTEM EJECTION REPORT (PD372-140)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-21

PHOTOGRAPHY ON THE NEW YORK CITY TRANSIT SYSTEM


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To provide procedures for uniformed members of the service observing


photography on the transit system.

SCOPE Transit Authority Rule 1050.9(c) (which deals with photography on the system)
reads as follows:

“Photography, filming, or video-recording in any facility or conveyance is


permitted except that ancillary equipment such as lights, reflectors or tripods may
not be used. Members of the press holding valid identification issued by the New
York City Police Department are hereby authorized to use necessary ancillary
equipment. All photographic activity must be conducted in accordance with the
provisions of these Rules.”

PROCEDURE When a uniformed member of the service observes persons engaged in


photography on the transit system:

UNIFORMED 1. Take no police action if person engaged in photography is using a camera


MEMBER OF alone, without any additional equipment such as lights, tripods, or
THE SERVICE reflectors, and if such photographic activity is creating no hazard to
public safety or to the efficient operation of the transit system.
2. Ascertain whether or not person has valid press identification issued by
the New York City Police Department, if person engaged in photography
is using additional equipment such as lights, tripods, or reflectors.

NOTE If a person using additional photographic equipment does not have valid press
identification, or if any person engaging in photographic activity is creating a hazard to
public safety or to the efficient operation of the transit system:
a. Warn person that he/she is in violation of the New York City Transit Rules:
(1) Direct person to cease.
b. Issue TAB/NOV or Criminal Court summons, eject from system, or arrest, as
appropriate, if person does not desist from photography that violates New York
City Transit Rules.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-22

MALFUNCTION OF TRANSIT BUREAU RADIO NETWORK


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/19/16 07/19/16 1 of 2

PURPOSE To provide procedures for communication when there is a malfunction of the


Transit Bureau radio network.

PROCEDURE When the Transit Bureau radio network malfunctions and/or there is an
interruption in service:

COMMUNICATIONS 1. Notify immediately, via intercom or telephone:


DIVISION
DISPATCHERS
a. On-staff radio technicians and direct them to identify, evaluate
AND/OR and correct the problem
SUPERVISORS b. Affected transit districts
c. Transit Bureau Operations Unit
d. Operations Unit (Chief of Department).
2. Notify immediately, via division citywide frequencies:
a. Patrol Services Bureau
b. Precincts located within and adjacent to the geographic area
affected by the Transit Bureau radio network malfunction.
3. Re-route Transit Bureau calls for service to Patrol Services Bureau.
a. Precinct personnel will be assigned transit calls for service.
b. Dispatch another unit to the location if call for service is not
finalized in thirty minutes.
4. Prioritize 911 calls from uniformed members of the service in the field.
5. Conduct a radio check of various units in strategic areas within the
affected area at thirty minute intervals, until condition is corrected.
6. Notify Operations, Transit Bureau Operations and district desk officer
when the condition is corrected.

CHIEF OF 7. Notify executive staff and duty chief.


DEPARTMENT 8. Notify patrol boroughs concerned and direct that patrol personnel be
OPERATIONS assigned to conduct foot patrol within subway stations and/or on
UNIT platforms of elevated lines in the affected area.
a. Direct Patrol Services Bureau officers to notify Transit Bureau
officers to contact their command for instructions/reassignment.
b. Place the Strategic Response Group concerned on “Alert” for use
within Transit, if required.
9. Generate FINEST message alerting districts and Patrol Services Bureau of outage.

TRANSIT 10. Notify the Chief of Transit Bureau, all Transit Bureau borough
BUREAU commanders, New York City Transit Rail Control Center, and all Transit
OPERATIONS Bureau High Alert Captains immediately.
11. Notify Transit Bureau Special Operations Division to have their units
contact their commands for instructions/reassignments.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-22 07/19/16 2 of 2

TRANSIT 12. Ensure all districts/commands in the affected and adjacent areas are
BOROUGH notified.
COMMANDS 13. Notify Electronics Section and request adequate number of UHF division
radios to be picked up by transit borough commands for distribution to
affected district commands.
14. Assign a captain or above as the incident commander for that borough to
monitor police operations and initiate a systematic signal system
requiring MOS to telephone their command at periodic intervals and to
locate a telephone on post capable of receiving and sending telephone
calls for the dispatch of emergency messages from the district command.

NOTE Most times, New York City Transit system telephones, located at every token booth and
at various yellow telephone boxes throughout the subway are capable of receiving
incoming and outgoing telephone service.

TRANSIT 15. Ensure that all uniformed members of the service are accounted for,
DISTRICT notified to make hourly signals, and directed to conduct all police
DESK OFFICER business via telephone.
16. Assign uniformed members of the service a UHF radio and to paired
patrols until such time as the malfunction is corrected.
17. Suspend assignments in civilian clothes.

UNIFORMED 18. Make hourly signals to district/command.


MEMBER OF 19. Keep radio in the “ON” position in the event that radio repairs are made.
THE SERVICE 20. Attempt to contact the radio dispatcher utilizing the Transit Bureau VHF
radio every half hour until condition is corrected.
21. Notify radio dispatcher and the district desk officer, when condition is
corrected.
22. Return UHF radio to transit district desk officer at the end of tour.

ADDITIONAL Sergeants assigned to the New York City Transit Rail Control Center will liaison with the
DATA Communications Division, Chief of Department Operations Unit, Transit Bureau Operations, and
Transit boroughs during the malfunction of the Transit Bureau radio network. Sergeants assigned
to the Rail Control Center will relay NYCT Department of Subways radio transmissions of interest
to the Transit Bureau Wheel via landline. In addition, a request will be made to the Rail Control
Center to have train operators remain alert when entering subway stations to stop the train and
inform uniformed members of the service that there is a police radio malfunction in the area and
request the member to “call his/her command.”

Uniformed members of the service should remain cognizant of the fact that New York
City Police Department radios, other than those normally assigned to the Transit
Bureau, will not work underground (except for those few Manhattan stations equipped
with underground repeaters).

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-23

INSPECTION OF RAPID TRANSIT STATIONS ON POST


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/30/13 09/30/13 1 of 2

PURPOSE To inspect rapid transit stations (New York City Transit, Port Authority Trans-
Hudson [PATH], or Staten Island Rapid Transit [SIRT]) located within a
member’s assigned post or sector.

PROCEDURE When a member’s assigned post or sector includes a rapid transit station:

NOTE All uniformed members of the service will notify the Communications Section radio
dispatcher prior to entering the transit system utilizing the following radio code signals
depending on the nature of their assignment:
a. 10-75T – Transit Patrol/Inspection – By Non-Transit Bureau Personnel
b. 10-75S – Station Inspection – By Transit Bureau Personnel
c. 10-75O – Train Order Maintenance Sweep (TOMS)
d. 10-75M – Train Run/Mobile Order Maintenance Sweep.

UNIFORMED 1. Confer with railroad clerk, at each station, as to conditions requiring police
MEMBER OF attention.
THE SERVICE 2. Inspect concessions, toilets, stairways, mezzanines, platforms and all token
booths whether open or closed, for conditions requiring police attention.

NOTE Before entering a toilet used by a person of the opposite sex, member concerned will knock
on the door and announce loudly “Police Inspection.” If persons of the opposite sex are
within, member WILL NOT enter until their departure, UNLESS informed of criminal
activity therein.

3. Visit each station on post at least once, and as often as practicable, unless
otherwise directed.
4. Make ACTIVITY LOG (PD112-145) entries concerning conditions
reported by railroad clerk and results of inspections.
5. Know hours of operation for concessions in the station.
6. Investigate suspicious conditions in the station.
7. Report any accident/crime prone condition, unsanitary condition, or fire
hazard.
8. Prevent persons unable to care for themselves from entering the system.
a. Ensure that necessary assistance is provided to such persons.

RADIO MOTOR 9. Inspect each uncovered station and post in patrol sector.
PATROL 10. Make ACTIVITY LOG entries of results of such inspections.
RECORDER 11. Notify district desk officer of any uncovered station in sector not inspected
and reason.

DISTRICT 12. Ensure on first platoon that any post not inspected during the previous
DESK OFFICER twenty-four hours is inspected, as soon as possible.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-23 09/30/13 2 of 2

ADDITIONAL Members performing Transit Bureau assignments shall proceed immediately after roll call
DATA to the nearest station of assigned post, unless otherwise directed by competent authority.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-24

REMOVAL OF POWER IN SUBWAY


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 3

PURPOSE To establish guidelines to be adhered to when requesting the removal of power in


the subway.

SCOPE Removal of power in the subway can be extremely hazardous, dangerous and
disruptive to police personnel, passengers and New York City Transit employees and
should only be requested in extreme emergencies involving life-threatening situations.

PROCEDURE When it becomes necessary to request the removal of power in the subway:

UNIFORMED 1. DO NOT enter the track area, except in extreme emergencies.


MEMBER OF 2. Notify the radio dispatcher in the usual manner.
THE SERVICE, 3. Provide complete details including, if applicable:
FIRST ON THE a. Full description of the condition or suspect(s)
SCENE b. Crime committed
c. Type of weapon
d. Direction of flight, etc.
4. Request response of the Patrol Services Bureau and Transit Bureau patrol
supervisors, and additional units necessary to secure the platform area and
points of entry to the tunnel.
5. Notify required units, e.g., Emergency Service Units, detective squad,
Crime Scene Unit, etc., as necessary.

NOTE Prompt notification and timely response of specialized units will minimize the duration
of the power removal and subsequent disruption.

PATROL 6. Make determination whether a search or other police action will be


SUPERVISOR conducted in the tunnel.
7. Determine the manner in which a police operation is conducted, including
the necessity for removal of power.

NOTE Before requesting the removal of power, consider the wide scale ramifications of this
action. Some of the factors to be considered, but not limited to, are:
a. The time of day (rush hour/non-rush hour)
b. Weather conditions (extreme heat)
c. Type of station (elevated or below ground)
d. Location of trains
e. Extent of injuries in aided cases
f. Risk to the riding public, if a crime is involved.

8. Notify the Operations Unit of the time of the request for the removal of
power.
a. Notify the Operations Unit when power is restored.
9. Notify and request the response of the district commander/duty captain.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-24 02/04/15 2 of 3

DISTRICT 10. Respond to the scene and supervise police operations.


COMMANDER/ 11. Ensure that proper notifications have been made to the Operations Unit.
DUTY
CAPTAIN

NOTE The ranking officer supervising police operations will make maximum utilization of the
experience and expertise of New York City Transit personnel at the scene.

MEMBER 12. Notify the Police Commissioner’s Office, the Office of Chief of
CONCERNED, Department, and the Transit Bureau Wheel of any removal of power within
OPERATIONS the transit system which occurs as a result of police action.
UNIT a. A second notification will be made upon restoration of power.

NOTE Uniformed members of the service will not personally shut off power, unless there is a
grave risk of IMMINENT danger to the officers concerned or to others and NO OTHER
safe alternative is available.

WHEN IT IS NECESSARY TO IMMEDIATELY REMOVE POWER FROM


TRACK AREA DUE TO IMMINENT DANGER:

UNIFORMED 13. Open emergency alarm box and pull lever down as far as it will go and
MEMBER OF release the lever (located in subway tunnels, spaced about 400 to 600 feet
THE SERVICE apart, beneath the blue light).
CONCERNED a. Power on all tracks in the vicinity will be immediately turned off.
14. Use the telephone (located at the alarm box), immediately after removing
power, to notify the Rapid Transit Operations Command Center Desk
Superintendent of the situation.

NOTE New York City Transit will automatically RESTORE THE POWER if notification is not
made immediately.

15. Notify the radio dispatcher via radio, if telephone notification cannot be
made, and request that immediate notification be made to the Desk
Superintendent concerned.

NOTE The train operator or conductor’s New York City Transit radio can be used by police
personnel for conducting direct communications with the Rapid Transit Operations
Command Center.

The removal of power may be avoided, in many instances, by obtaining the cooperation
of train motormen and riding in the lead cars of trains, in both directions, through the
affected area to search for fleeing suspects.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-24 02/04/15 3 of 3

PATROL 16. Confer with a New York City Transit supervisor on the scene, after
SUPERVISOR/ ensuring that all personnel are off the tracks, as to whether power can be
RANKING restored immediately after the condition, which required the removal of
OFFICER IN power, has been corrected.
CHARGE

ADDITIONAL Members of the service are reminded that the NYC Transit has the capability of limiting
DATA the removal of power to the actual tracks involved in the critical incident. Turning off the
power directly from the emergency alarm boxes will remove the power in both directions
and on all tracks for several stations. This can cause a major tie-up on the subway system
thereby creating other hazards. Therefore, when possible, all requests for the removal or
restoration of third rail power will be made directly to the Rapid Transit Operations
Command Center Desk Superintendent. This request can be made via the motorman’s
radio, Rapid Transit Operations Radio or if no other alternative exists by the radio
dispatcher in the usual manner. In all cases, an immediate follow-up notification will be
made to the Communications Section.

In cases where a dead human body is found under circumstances indicating an apparent
homicide or is otherwise suspicious, the investigating officer from the Crime Scene Unit
will photograph and mark the position of the body (head, leg, arm, etc.) and any other
items of evidence that must be removed to avoid destruction by passing train traffic. The
body will then be removed to an area of safety for further examination so that the power
and service can be restored.

If a suspicious death/homicide occurs on a train, the body should remain undisturbed. The
car or cars involved shall be secured, and a uniformed member of the service shall be
assigned to accompany the car involved as it is removed to the train yard or other place
where the investigation will be completed. If the member so assigned is anyone other than
the investigating officer, that member shall remain with the removed car until the
investigating officer’s arrival. Prior to moving the car, the investigating officer will mark its
position and note the order and serial numbers of all cars in the make-up of the train. If
necessary, investigators may return to the scene to conduct a search for additional evidence.

When a body is found in the track bed and is obstructing passenger train traffic, it will
suffice to have the responding detectives photograph the body in place from several
angles prior to its removal.

RELATED Searches for Armed/Dangerous Persons on New York City Transit Tracks (P.G. 212-18)
PROCEDURE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-26

INSPECTION OF NEW YORK CITY HOUSING AUTHORITY FACILITIES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To ensure that New York City Housing Authority facilities are being properly
inspected and to suppress criminal activities therein.

DEFINITION N.Y.C. HOUSING AUTHORITY FACILITY - Includes, but is not limited to,
community centers, child care centers, maintenance shops and areas, storerooms,
health centers, senior citizen centers, tenant recreation rooms, management
offices, laundry and boiler rooms, etc.

PROCEDURE Uniformed members of the service shall comply with the following guidelines
relative to inspecting N.Y.C. Housing Authority (NYCHA) facilities:

UNIFORMED 1. Be responsible for the suppression or rapid discovery of burglaries or


MEMBER OF related crimes on assigned post.
THE SERVICE 2. Check each NYCHA facility on assigned post during the first and last
hour of each tour of duty, if possible.
a. Make appropriate ACTIVITY LOG (PD112-145) entries.
3. Frequently inspect security of NYCHA facilities on assigned post during
tour of duty.
a. Make appropriate ACTIVITY LOG entries of all facility inspections.
4. Comply with any additional instructions given by supervisory officers
relative to facility security measures.
a. Give special attention to those facilities accorded “Post
Condition” status.

NOTE Members of the service assigned to a high priority incident will not be required to
conduct security checks as stated above.

5. Request the response of a patrol supervisor upon discovery of a burglary


or related crime committed within a NYCHA facility.

PATROL 6. Inspect assigned member’s ACTIVITY LOG during tour to ensure that
SUPERVISOR NYCHA facilities have been inspected.

UPON NOTIFICATION OF A BURGLARY OR RELATED CRIME WITHIN A


NYCHA FACILITY:

PATROL 7. Respond to scene and supervise investigation.


SUPERVISOR 8. Interview members of the service at location.
9. Ascertain that location has been secured.
10. Take other appropriate action as deemed necessary.
11. Ensure that all required reports (i.e., COMPLAINT REPORT [PD313-152])
are prepared in connection with the incident.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-26 08/01/13 2 of 2

NOTE Whenever an arrest is made of a perpetrator for the burglary of a NYCHA facility, the
patrol supervisor will evaluate the circumstances, and when warranted, will recommend
the arresting officer(s) for Departmental Recognition.

PSA 12. Coordinate police and N.Y.C. Housing Authority management efforts to
COMMANDING suppress crime.
OFFICER 13. Solicit recommendations from assigned members on methods to deter
crimes in facilities.
14. Prepare a written directive to assigned members, indicating any additional
instructions concerning the frequency and manner of inspection that may
be required on their posts.
15. Maintain liaison with executive members of the N.Y.C. Housing
Authority to ensure coordination of efforts.

COMMANDING 16. Coordinate and direct special units of the housing borough for maximum
OFFICER, effectiveness in suppressing facility burglaries and related criminal activity.
HOUSING 17. Apprise the Chief of Housing Bureau of conditions within NYCHA
BOROUGH facilities, when necessary.

ADDITIONAL PSA commanding officers will work closely with Housing Authority managers
DATA concerning ongoing construction initiatives and the temporary storage of materials and
equipment on Housing Authority property. Housing Authority managers will provide
PSA commanding officers with a list of development addresses where materials and
equipment will be stored while the development is undergoing construction and/or
improvement(s). Based in this information, PSA commanding officers will ensure that
all on-site storage locations are temporarily designated as NYCHA facilities, and
inspected in conformance with this procedure.

The PSA community affairs officer will survey the physical layout of each NYCHA
facility within the command, and will recommend, to the development manager
concerned, measures concerning:
a. The proper locking/securing of facilities
b. Appropriate lighting for surroundings
c. Securing valuable items
d. Acquiring additional security devices that may deter crime, etc.

The PSA crime analysis officer will evaluate statistical data of incidents to identify
specific times, locations and other patterns of crime. This information will be made
available to the PSA commanding officer, on a continual basis.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT (PD313-152)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-28

DISABLED HOUSING AUTHORITY


ELEVATOR CAR WITH PASSENGERS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/16 10/18/16 1 of 1

PURPOSE To ensure the prompt and safe removal of passengers from disabled elevator cars
in Housing Authority buildings.

PROCEDURE Upon arriving at the scene of a disabled elevator car with passengers:

UNIFORMED 1. Notify radio dispatcher and request response of:


MEMBER OF a. Housing Authority Emergency Service personnel, via the PSA
THE SERVICE telephone switchboard operator, police service area of occurrence.
b. N.Y.P.D. Emergency Service Unit and ambulance, if situation requires the
immediate removal of passengers in cases involving, but not limited to:
(1) Cardiac condition
(2) Seriously ill passenger, etc.

NOTE If a delay in the response of Housing Authority Emergency Service personnel is


expected, a request for N.Y.P.D. Emergency Service Unit personnel will be made even in
situations deemed to be of a non-emergency nature.

2. Remain at the location of a disabled elevator car with passengers and


provide necessary assistance until:
a. Properly relieved by other police personnel
b. Condition is corrected and elevator car door, as well as the outer
car door, is properly secured.

NOTE Members of the service shall NOT attempt to remove passengers from a disabled elevator
car without the assistance of Housing Authority and/or N.Y.P.D. Emergency Service Unit
personnel who are trained in the removal of passengers from disabled elevators.

3. Notify radio dispatcher when condition is corrected.


4. Prepare FIELD REPORT (PD313-1511) and AIDED REPORT, if
necessary, upon completion of assignment.
a. Include names and addresses of passengers and names and shield
numbers of responding Emergency Service personnel.

ADDITIONAL If the incident may involve the Housing Authority in a civil action, members shall notify
DATA the PSA desk officer and report all pertinent details in accordance with P.G. 217-11,
“Accidents – New York City Housing Authority Involved.”

RELATED Accidents – New York City Housing Authority Involved (P.G. 217-11)
PROCEDURE

FORMS AND AIDED REPORT


REPORTS FIELD REPORT (PD313-1511)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-32

OFF DUTY INCIDENTS INVOLVING


UNIFORMED MEMBERS OF THE SERVICE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To facilitate the preliminary investigation of off duty incidents involving


uniformed members of the service.

PROCEDURE When an off duty uniformed member of the service is at an unusual police
occurrence to which the uniformed member of the service is either a participant
or a witness:

UNIFORMED 1. Remain at the scene of incident when feasible and consistent with
MEMBER OF personal safety.
THE SERVICE 2. Request response of patrol supervisor, precinct of occurrence.

NOTE For purposes of this procedure an unusual police occurrence shall include family
disputes and other incidents of domestic violence in which the officer is either a
participant or a witness. When remaining at the scene is inappropriate, the uniformed
member of the service concerned may leave the scene; however, said member must
promptly notify the desk officer, precinct of occurrence, and be guided by the desk
officer’s instructions. If incident occurs outside of the City the uniformed member of the
service concerned will promptly notify the Operations Unit. The Operations Unit will
notify the appropriate patrol borough responsible for conducting investigations in the
residence county, or the appropriate authority if outside residence counties.

PATROL 3. Respond to scene and assess situation.


SUPERVISOR 4. Notify desk officer of available details.

DESK OFFICER 5. Notify precinct commander/duty captain.


6. Notify the Internal Affairs Bureau Command Center (212-741-8401) with
all available details.

COMMANDING 7. Conduct investigation and take appropriate action.


OFFICER/
COUNTERPART
NOTE Any investigation of a police incident or unusual occurrence, including domestic
violence and family disputes, which involve an off duty uniformed member of the service
as a participant or witness will benefit from that uniformed member’s presence.
ADDITIONAL When the Internal Affairs Bureau, Command Center, is notified that an off duty
DATA uniformed member of the service has suffered a non-fatal bullet wound from a firearms
discharge and he/she did not discharge a firearm and the injured member is not the
subject of any allegation of misconduct, the Internal Affairs Bureau will notify the
Personnel Bureau to enter the event entitled, “UMOS Victim of Bullet Wound” with a
zero point value on the concerned member’s Central Personnel Index (CPI).

RELATED Interrogation of Members of the Service (P.G. 206-13)


PROCEDURES Unusual Occurrence Reports (P.G. 212-09)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-34

PROBATIONARY POLICE OFFICER, POLICE ELIGIBLE OR


CIVILIAN EMPLOYEE INVOLVED IN A POLICE INCIDENT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/27/16 09/27/16 1 of 1

PURPOSE To ensure that commands concerned are notified when a probationary police
officer, civilian employee, or a person eligible for appointment to the Department
is involved in a police incident.

PROCEDURE When a probationary police officer, a civilian employee or a person eligible for
appointment to the Department is involved in a police incident:

MEMBER OF 1. Report facts to commanding officer.


THE SERVICE

COMMANDING 2. Conduct investigation to determine if involvement in incident would


OFFICER affect member’s performance in the Police Department.
3. Notify the Internal Affairs Bureau Command Center (212-741-8401) with
all available details.
4. Have three copies of report prepared on Typed Letterhead, containing
all pertinent information.
5. Forward one copy of report to:
a. Commanding Officer, Medical Division, when a person is on a
police eligible list.
b. Commanding Officer, Candidate Assessment Division, if incident
involves a police eligible.
c. Commanding Officer, Performance Analysis Section, for
probationary police officers or civilian employees.

NOTE If a probationary police officer is assigned to the Police Academy:


a. Forward duplicated copy of report to Commanding Officer, Police Academy
b. Notify Recruit Operations
c. Notify Performance Analysis Section next business day.

6. File remaining copy.

ADDITIONAL Whenever a commanding officer, or investigative unit commander is recommending a


DATA probationary police officer or civilian member for termination or decertification, or is
recommending a probationary member of the service of any rank or title for an
extension of probation, the commander must confer with the Commanding Officer,
Performance Analysis Section prior to forwarding the recommendation.

Commanding Officers concerned must recognize that the conduct of probationary police
officers, both on and off duty, is subject to evaluation.

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-35

INCIDENTS INVOLVING ENFORCEMENT


PERSONNEL OF OTHER AGENCIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PROCEDURE To investigate allegations of unnecessary use of force by uniformed members of


the service against on-duty enforcement personnel of specified agencies or to
investigate incidents which may result in the arrest of or the issuing of a
summons to such enforcement personnel.

DEFINITION ENFORCEMENT PERSONNEL OF SPECIFIED AGENCIES:


a. Department of Transportation Highway Inspection/Quality Assurance inspectors
or Department of Transportation Parking Control Unit agents
b. Sanitation Department Enforcement agents.

PROCEDURE When a uniformed member of the service is alleged to have used unnecessary force
against an on-duty enforcement agent of a specified agency or becomes involved in an
incident that may result in such enforcement agent being arrested or issued a summons:

UNIFORMED 1. Immediately request the patrol supervisor to respond to the scene prior to
MEMBER OF taking any other action.
THE SERVICE

PATROL 2. Respond to the scene and attempt to obtain third party witnesses to the incident.
SUPERVISOR 3. Bring all parties involved, including witnesses if possible, to precinct of
occurrence.
4. Inform desk officer of all facts.

DESK OFFICER 5. Notify Civilian Complaint Review Board, Intake Unit at 1-800-341-2272
(twenty-four hours), if allegation of unnecessary force is made (see P.G.
207-31, “Processing Civilian Complaints”).
6. Notify precinct commander/duty captain and:
a. The Department of Transportation Central Communications, if in-
cident involves Department of Transportation Highway
Inspection/Quality Assurance inspector or Department of
Transportation Parking Control Unit agent.
b. The Sanitation Enforcement Headquarters Division: (0600 x 1600
hours/7 days) (if closed, notify Sanitation Bureau Operations Office:
if incident involves Sanitation Department enforcement personnel.

NOTE Detective squad member will make the above notifications if, while conducting an
official investigation involving enforcement personnel of the specified agencies, a
complaint of unnecessary force is alleged or it appears an arrest must be made or a
summons issued to the enforcement agent.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-35 08/01/13 2 of 2

PRECINCT 7. Conduct investigation.


COMMANDER/ 8. Confer with supervisory/managerial personnel of enforcement personnel
DUTY involved.
CAPTAIN 9. Prepare three copies of report on Typed Letterhead with details of
incident and results of investigation and forward to:
a. Chief of Department - Direct
b. Chief of Department - through channels
c. File - precinct of occurrence.

ADDITIONAL If an agent of one of the above listed agencies wants to make an arrest claiming that he
DATA or she was assaulted or the subject of any other crime while performing their official
duties, the officer will determine if probable cause exists to support the claim. Upon
determination that probable cause exists, the officer will assist in the arrest and take the
prisoner into custody. The enforcement agent involved will be the complainant.

No arrest may be made, nor may a summons be issued, for a violation unless the offense
is personally observed by the member of the service.

DESK APPEARANCE TICKETS (PD260-121) and stationhouse bail will not be issued
to persons charged with Assault 3rd degree (Penal Law 120.00), Attempted Assault 3rd
degree (Penal Law 110/120.00), Menacing 2nd degree (Penal Law 120.14), Menacing 3rd
degree (Penal Law 120.15), Harassment 1st degree (Penal Law 240.25), Aggravated
Harassment (Penal Law 240.30), and Reckless Endangerment 2nd Degree (Penal Law
120.20) when committed against a city/state enforcement agent performing official duty.

RELATED Processing Civilian Complaints (P.G. 207-31)


PROCEDURE

FORMS AND DESK APPEARANCE TICKET (PD260-121)


REPORTS Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-36

INCIDENTS INVOLVING FORMER/RETIRED MEMBERS OF THE


SERVICE OR OFF DUTY/RETIRED FEDERAL, STATE AND CITY LAW
ENFORCEMENT AGENTS AUTHORIZED TO CARRY A WEAPON
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/01/16 06/01/16 1 of 2

PURPOSE To investigate and safely resolve incidents and/or confrontations involving


former/retired members of the service or off duty/retired Federal, State, and City
law enforcement agents authorized to carry a weapon.

SCOPE The type and circumstances of encounters involving former or off duty law
enforcement officers with on-duty officers and the general public are varied.
Incidents which can lead to a confrontation or the potential for confrontation may
include traffic collisions, personal domestic disputes, an occasion where a retired
officer/agent observes criminal activity and takes police action or when he/she is
the victim of a serious crime.

PROCEDURE When a uniformed member of the service responds to or becomes aware of an incident
with the potential for a confrontation involving a former/retired member of the service
or off duty/retired Federal, State or City law agent authorized to carry a weapon:

UNIFORMED 1. Ascertain identity of former/retired member of the service or the off


MEMBER OF duty/retired law enforcement agent involved.
THE SERVICE 2. Determine if individual has a weapon on his/her person.
3. Request, if armed, personal identification and pistol license, when appropriate.
4. Request to see his/her New York Police Department IDENTIFICATION
CARD (PD416-091) or other official law enforcement identification.
5. Request patrol supervisor to respond to scene.

NOTE Any incident involving an off duty officer or member of another law enforcement agency
should be treated in a comparable manner to other incidents or confrontations routinely
encountered with other members of the public. These individuals should not receive
preferential treatment based on their former or present status. Utilization of
standardized procedures avoids unnecessary risks to responding officers, individuals
directly involved in the controversy/confrontation and the general public at the scene.
PATROL 6. Respond to scene and attempt to obtain all relevant information from
SUPERVISOR witnesses, if any.
7. Approve an appropriate resolution of the matter, i.e., arrest, summons,
court referral, no police actions, etc.
8. Note if condition/incident has caused any unusual consequences, i.e.,
large crowd, community unrest, etc.
9. Determine whether individual’s licensed weapon should be taken for
safekeeping, when appropriate.
10. Notify desk officer of available details, when necessary.

DESK OFFICER 11. Make additional notifications as necessary.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-36 06/01/16 2 of 2

NOTE Where appropriate, i.e., in cases of arrest, issuance of summons, etc., to an affected
agent from another governmental law enforcement agency, the desk officer will notify
the Operations Unit of the relevant information. The Operations Unit will act as the
Department’s liaison to make the notification of this incident to the applicable
governmental agency concerned.

RELATED Confrontation Situations (P.G. 221-20)


PROCEDURES Verification of Pistol License (P.G. 212-84)
Removal of Firearms from Intoxicated Member of the Service (P.G. 206-12)
Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118)

FORMS AND IDENTIFICATION CARD (PD416-091)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-41

ALARMS - DEPARTMENT OF EDUCATION FACILITIES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/06/13 09/06/13 1 of 1

PURPOSE To investigate alarms at Department of Education facilities.

PROCEDURE Upon receipt of a radio code signal 10-11 (Alarm Condition) at a Department of
Education facility:

RESPONDING 1. Conduct immediate investigation.


UNIFORMED
MEMBER

IF INVESTIGATION REVEALS FORCED ENTRY:

RESPONDING 2. Request radio dispatcher to:


UNIFORMED a. Direct patrol supervisor to respond to scene
MEMBER b. Notify School Safety Division Alarms Unit.

PATROL 3. Respond to scene and supervise search of premises.


SUPERVISOR 4. Request additional personnel, if necessary.
5. Assign uniformed member of the service to guard premises and safeguard
property pending arrival of custodial or school security personnel.
6. Direct assigned member to obtain required information for preparation of
COMPLAINT REPORT.

IF PREMISES ARE APPARENTLY SECURE AND THERE IS NO SIGN OF


FORCED ENTRY:

RESPONDING 7. Transmit radio code signal 10-90N (Unnecessary Alarm).


UNIFORMED 8. Make entry in ACTIVITY LOG (PD112-145).
MEMBER 9. Resume patrol.

RADIO 10. Notify School Safety Division Alarms Unit for notification to custodian,
DISPATCHER unless premises has been classified chronic alarm location.

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
A custodian, when notified, will respond to the stationhouse, precinct of occurrence,
where the desk officer will designate an RMP unit to accompany the custodian to the
Department of Education facility to conduct an interior search of the premises.

Nothing contained herein shall prevent a member of the service from taking summary or
other police action, should circumstances warrant such action.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT (PD313-152)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-43

VACATE ORDERS FOR RESIDENTIAL BUILDINGS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To prevent injuries due to hazardous building conditions and preserve the peace
during the enforcement of a residential building vacate order.

SCOPE A “Memorandum of Understanding” concerning the issuance and enforcement of


vacate orders at residential buildings was agreed upon by the Commissioners of
the Police, Fire, Buildings, and Housing Preservation and Development
Departments. Vacate orders are issued to remove residents from, or prevent their
return into, a building which has become a hazard. This hazard may be caused
by a fire, partial building collapse, etc.

Representatives from the agency issuing the vacate order will be responsible for
the service of the order. When time permits, and the assistance of the Police
Department is anticipated the issuing agency will contact the Chief of
Department’s Investigation and Review Section, twenty-four hours in advance.
In addition, if a potential for violence exists, the patrol borough command will
also be notified to ensure that proper planning takes place prior the issuance of
the vacate order.

PROCEDURE Upon being assigned to assist in the service of a residential building vacate order:

UNIFORMED 1. Verify credentials and authority of agency representative.


MEMBER OF 2. Obtain facts concerning condition which caused vacate order to be issued.
THE SERVICE 3. Assist in evacuation of building when there is:
a. Actual immediate danger that structure will collapse, or
b. An existing dangerous condition constituting a threat to human
life requiring that occupants vacate immediately.
4. Notify Operations Unit, if above emergency conditions exist.
5. Request patrol supervisor to respond, if:
a. Persons are actually being evacuated, or
b. Premises are to be sealed, or
c. For any other appropriate reason.

NOTE The patrol supervisor will consult with the duty captain if:
a. Reasonable doubt concerning the agency representative’s authority or the
validity of the vacate order exists
b. A large number of residents must be relocated
c. Occupants refuse to vacate premises
d. Any potential for violence
e. Any other sensitive or dangerous conditions exists.

6. Accompany agency representative until completion of service or


execution of order, if requested.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-43 08/01/13 2 of 3

NOTE Personnel from the agency issuing the vacate order will be responsible for service of the
vacate order and for attempting to persuade occupants who fail to comply with the vacate
order that they should leave the premises. The agency issuing the vacate order will be
responsible for obtaining access to the building(s) or portions of the building(s) to which
entry is not available. If, however, the senior representative of the agency issuing the vacate
order believes that the safety of agency personnel or the public is at risk, he/she may request
the assistance of a police supervisor/commander for entry to be made by police personnel.
Additionally, the police supervisor/commander may direct that entry be made by police
personnel if it is determined that the safety of the public or agency personnel is at risk.

UNIFORMED 7. Ascertain from agency representative any provisions made to safeguard


MEMBER OF vacated premises and property of persons evacuated.
THE SERVICE a. Relocations are the responsibility of the issuing agency.
(continued)

NOTE Whenever an agency issuing a vacate order determines that vacated premises must be
secured against re-entry, the agency concerned will notify and make arrangements with
the Department of Housing Preservation and Development (DHPD) which is
responsible for sealing and/or demolishing vacated premises. The Department of
Housing Preservation and Development is responsible for sealing the building, or
providing sufficient security to prevent it from being reoccupied, within seventy-two
hours of the enforcement of the vacate order. Uniformed members of the service will
take appropriate interim measures to secure the premises against re-entry. In the event
that the Department of Housing Preservation and Development does not commence
work in a timely manner, notify the Investigation and Review Section, Monday through
Friday, 0800 to 1600 hours, or the Operations Unit at other times. The Investigation
and Review Section will contact the Department of Housing Preservation and
Development to ascertain when the work will commence.

8. Make ACTIVITY LOG (PD122-145) entry including:


a. Facts concerning premises security provisions
b. Identify of representative of agency issuing vacate order
c. Identify of representative of any other city agencies present.
9. Report facts to desk officer upon completion of assignment.

DESK OFFICER 10. Report facts to commanding officer, if condition may require special
patrol coverage.

ADDITIONAL Vacate orders may be issued by the Department of Buildings, Department of Health, the Fire
DATA Department and Department of Housing Preservation and Development. The agency issuing
the vacate order will serve any necessary summonses. Any necessary arrests will be made by
the assigned officer and the agency representative will appear as the complainant.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-43 08/01/13 3 of 3

ADDITIONAL Agencies issuing vacate orders and anticipating the need for police assistance should
DATA contact the Chief of Department’s Investigation and Review Section, twenty-four hours
(continued) in advance of the initial execution time. The Investigation and Review Section will notify
the patrol borough concerned which will notify the appropriate precinct of the
particulars of the vacate order. In cases where the issuing agency is aware of a
potential for violence at these locations, a responsible representative of the issuing
agency will notify and confer with the patrol borough commander concerned or his/her
designee prior to enforcement activity to assure proper planning.

Under exigent circumstances, i.e., building collapse or other condition constituting a


threat to human life, uniformed members of the service may assist with non-residential
vacate orders.

Each borough command and the Chief of Department, Investigation and Review Section,
will obtain and have available a copy of the “Memorandum of Understanding.”

RELATED Construction Sites (P.G. 214-16)


PROCEDURES Vacate Buildings (P.G. 214-17)
Stop Work Orders (P.G. 214-18)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-44

RESPONSE TO FIREARMS DEALERS LOCATIONS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To establish a proper response to firearms dealer locations after notification via
NICS and the New York State Police that a person wanted on a warrant is
attempting to purchase a weapon.

SCOPE Federal law requires that federally licensed firearm dealers in New York City
conduct an “instant background check” on any person wishing to purchase a firearm
(handgun, rifle, shotgun). To do this the dealer will telephone the Federal Bureau
of Investigation’s National Instant Criminal Background Check System (NICS),
with the person’s pedigree information. Within a short time NICS will advise the
dealer whether or not a firearms sale can be completed. In situations where NICS
confirms that there is an outstanding arrest warrant for a person attempting to
purchase a firearm, they will notify the New York State Police, who in turn will
contact the N.Y.P.D.’s Operations Unit. Operations Unit will then notify both the
patrol borough concerned and the Communications Section. Communications
Section will advise the patrol supervisor to contact Operations Unit for an appraisal
of situation i.e., the location and number of perpetrators. Based on all available
information, the patrol supervisor will evaluate the situation and determine if
additional resources are required, and if the duty captain should be notified.

PROCEDURE When a notification is received via the National Instant Criminal Background
Check System (NICS) and the New York State Police, that a person attempting
to purchase a firearm from a gun dealer is wanted on a warrant:

OPERATIONS 1. Notify Communications Section and patrol borough concerned.


UNIT MEMBER

COMMUNICA- 2. Notify patrol supervisor, precinct concerned, to contact Operations Unit.


TIONS
DISPATCHER

NOTE If the patrol supervisor is not available, another supervisor will be directed to respond.

PATROL 3. Confer with Operations Unit member regarding situation at gun dealer’s location.
SUPERVISOR 4. Evaluate the situation.
5. Determine if additional resources are required.
6. Notify and confer with duty captain, if necessary.
7. Devise an appropriate tactical plan, giving priority to the safety of the
public and responding members of the service.

NOTE Depending upon the information available, including the seriousness of the offense for
which the person in question is wanted, the patrol supervisor will assign sufficient units
to respond. In addition, strong consideration will be given to notifying the patrol
borough warrant team, Emergency Service Units, etc.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-44 08/01/13 2 of 2

PATROL 8. Respond to gun dealer’s location and direct that the wanted person be
SUPERVISOR taken into custody, if still present.
(continued)

NOTE If the wanted person is not present at the store, the case will be referred to the precinct
detective squad.

9. Have subject removed to stationhouse for either further investigation or


arrest processing.

NOTE A NICS “hit” on a name check is not considered conclusive and is not sufficient
authority to arrest. Further inquiries must be made through the Warrant Section,
twenty-four hours a day, seven days a week. In addition, New York City Pistol Permit
holders are issued a PISTOL PURCHASE AUTHORIZATION (PD643-053) only after
a name check is conducted. When appropriate, the License Division should be
conferred with.

DESK OFFICER 10. Supervise arrest processing and ensure that the Warrant Section is
notified by the uniformed member of the service concerned to confirm the
status of the warrant.

UNIFORMED 11. Record name of person notified at Warrant Section in the Telephone
MEMBER OF Record and other pertinent Department forms, i.e., ON LINE
THE SERVICE BOOKING SYSTEM ARREST WORKSHEET (PD244-159).
CONCERNED

ADDITIONAL If assistance regarding NICS or instant checks is needed, the uniformed member of the
DATA service (UMOS) can call toll free the NICS customer service number from 0900 to 0200
hours daily. When further information, beyond that which is available through the toll
free number is needed, the UMOS can call NICS at (304) 625-7363 or (304) 625- 7361,
during business hours listed above, Monday through Friday.

FORMS AND ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-45

FOREIGN NATIONAL REQUESTING ASYLUM


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/16/13 10/16/13 1 of 1

PURPOSE To protect persons seeking asylum and notify proper agencies.

PROCEDURE Upon coming in contact with a foreign national seeking asylum in this country:

UNIFORMED 1. Notify desk officer.


MEMBER OF 2. Provide necessary protection.
THE SERVICE 3. Accompany person to command.

DESK OFFICER 4. Make immediate notification to Commanding Officer, Intelligence


Bureau.
5. Interview person seeking asylum and obtain the following:
a. Name
b. Nationality
c. Date and place of birth
d. Occupation
e. Description of documents possessed
f. What foreign authorities, if any, are aware of his seeking asylum
g. Circumstances surrounding request for asylum
h. Where asylum was requested, e.g., aboard vessel, aircraft.
Estimated time of arrival of next intended port or airport.
i. Reason for requesting asylum
j. Description of criminal charges known or alleged to be pending
against asylum seekers.
6. Telephone information to Commanding Officer, Intelligence Bureau.
7. Afford the person proper protection until determination is made of his status.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-46

UNLAWFUL POSSESSION OF RIFLES/SHOTGUNS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To record and process violations concerning unlawful possession of a rifle or


shotgun.

SCOPE The following individuals are exempt from appropriate sections of the
Administrative Code:

a. Persons in military service of the State of New York duly authorized by


the Chief of Staff to the Governor.
b. Peace officers as defined in Section 1.20, subdivision 33, Criminal
Procedure Law
c. Participants in special events when authorized by the Police
Commissioner
d. Others as described in Administrative Code, Section 10-305.

PROCEDURE When a uniformed member of the service observes a person in custody or possession
of a rifle or shotgun, loaded or unloaded, covered or uncovered in public:

UNIFORMED 1. Determine if person possesses a valid permit and certificate of


MEMBER OF registration, or is exempt.
THE SERVICE 2. Inform person not possessing permit and certificate of registration, or
who is not exempt that:
a. He may accompany officer to precinct and surrender firearm, or
b. He may surrender firearm at the scene for which a receipt will be given.
3. Conduct a name check; serve summons if eligible, returnable to the
appropriate borough Criminal Court for the following violations of the
Administrative Code:
a. No permit and certificate of registration - Section 10-303
b. Carried, not enclosed in a non-transparent cover, or is loaded -
Section 10-131, subdivision (h)(2).
4. Make summary arrest if violator is not eligible for summons or if person
refuses to surrender weapon.
5. Notify License Division, Rifle and Shotgun Section of action taken.
6. Prepare PROPERTY CLERK INVOICE (PD521-141) and invoice
weapons as evidence.
a. Forward copy of INVOICE to Rifle and Shotgun Section.

NOTE A resident of New York City who purchases a rifle or shotgun outside New York City
must make application for a permit within seventy two hours after bringing the weapon
into the City. A rifle or shotgun that is surrendered to, or confiscated by a uniformed
member of the service within this time period will be invoiced for safekeeping and a
summons will not be served.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-46 08/01/13 2 of 2

DESK OFFICER 7. Issue owner receipt for weapon on Prisoner/Finder Copy (pink) of INVOICE.
8. Forward weapon to Firearms Analysis Unit only if member concerned
believes that weapon might have been used in the commission of a crime
or permit holder has been accused or convicted of a serious crime.
9. Inform owner to apply for permit in person at Rifle and Shotgun Section,
120-55 Queens Boulevard, Kew Gardens, New York.

ADDITIONAL Weapon held for safekeeping will be returned to owner at the borough Property Clerk’s
DATA office upon presentation of a valid permit, registration and signed release from Rifle and
Shotgun Section. If an owner, after surrendering a rifle/shotgun, does not wish to obtain a
permit, such owner may sell the rifle/shotgun to a permit holder or any person, not
required by law to possess a permit. Upon presentation of a bona fide bill of sale and a
written representation by the owner that the weapon has been sold or otherwise disposed
of, the Rifle and Shotgun Section will issue a release to the new lawful owner.

RELATED Voluntary Surrender of weapons with Written Notice (P.G. 207-26)


PROCEDURES Voluntary Surrender of Weapons Without Prior Notice (P.G. 207-27)
Rifle/Shotgun Permit - Suspended, Revoked, Disapproved (P.G. 212-85)
Processing Firearms and Firearm-Related Evidence (P.G. 218-23)

FORMS AND PROPERTY CLERK INVOICE (PD521-141)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-47

COUNTERFEIT MONEY
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To confiscate counterfeit money.

PROCEDURE When counterfeit money is detected and it is determined that the passer is an
innocent victim or there is no indication who passed it:

INVESTIGATING 1. Have person last in possession write his name and date across face of bill
OFFICER or scratch initials on a coin.
2. Sign rank, name, shield number and date on bill or scratch initials on coin.

DESK OFFICER 3. Prepare four copies of report on Typed Letterhead addressed to Chief of
Patrol describing in detail how money came into possession of member of
the service, including amount and serial numbers.
4. Assign messenger to deliver reports and money to patrol borough office.
5. Have messenger sign itemized receipt in Property Receipt Book.
6. Direct messenger to obtain one receipted copy of report from patrol
borough office.
7. Attach receipted copy of report received from messenger, to entry in
Property Receipt Book.

PATROL 8. Direct borough messenger to deliver counterfeit money with remaining


BOROUGH copies of report to Patrol Services Bureau.
MEMBER

PATROL 9. Give borough messenger receipted copy of Typed Letterhead for file in
SERVICES borough office.
BUREAU 10. Deliver money and two remaining copies of letterhead to the Special
MEMBER Agent-In-Charge, United States Secret Service.
11. Obtain one copy of report, receipted by Special Agent, for file in the
Patrol Services Bureau.

RELATED Counterfeiting/Forging U.S. Government Obligations or Counterfeiting/Unauthorized


PROCEDURE Use of Access Device (P.G. 208-47)

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-48

MOTOR VEHICLES REPOSSESSED/PARKING VIOLATIONS


SCOFFLAW REMOVAL PROGRAM
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To record information concerning repossessed vehicles/vehicles seized under the


Parking Violations Scofflaw Removal Program.

PROCEDURE When a person/city marshal appears at a stationhouse and reports a repossessed


vehicle/vehicle seized under Scofflaw Removal Program:

IF VEHICLE REPOSSESSED

DESK OFFICER 1. Request identification.


2. Examine papers authorizing seizure of vehicle.
a. Conduct a check of the VIN through the Department of Motor
Vehicles utilizing the FINEST system.
3. Make Command Log entry and notify Stolen Property Inquiry Section,
utilizing the FINEST System, of the following:
a. Time and date of repossession
b. Location from which obtained
c. Name, address and telephone number of firm, corporation, etc.
repossessing vehicle
d. Name, business address of person executing the repossession
e. Year and make of vehicle
f. Registration plate number, state and year
g. Vehicle identification number, if known
h. Name and address - registered owner
i. Name of member of the service notified at Stolen Property Inquiry Section.

NOTE When the FINEST SYSTEM is inoperative, notification to Stolen Property Inquiry
Section (S.P.I.S.) will be made by telephone.

MEMBER 4. Enter information into the NYSPIN/NCIC computer system.


CONCERNED, a. The information will be retained in the computer for thirty days.
S.P.I.S.

IF VEHICLE SEIZED - SCOFFLAW REMOVAL PROGRAM

DESK OFFICER 5. Verify credentials of city marshal upon arrival.


a. Conduct a check of the VIN through the Department of Motor
Vehicles utilizing the FINEST system.

NOTE The city marshal must report as soon as possible to the stationhouse of the precinct where
the vehicle was picked up and provide the desk officer with a Parking Violations
preprinted two part snap-out containing pertinent information regarding the seizure.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-48 08/01/13 2 of 2

DESK OFFICER 6. Examine papers authorizing seizure of the vehicle.


(continued) 7. Sign and return one copy of the form to the city marshal.
8. Make Command Log entry and notify Stolen Property Inquiry Section
utilizing FINEST inquiry format “RVIE” (Request for Vehicle Impound
Entry) of the following:
a. Time and date of impound
b. Location from where obtained
c. City marshal’s name and shield number
d. Year and make of vehicle
e. Registration plate number
f. Vehicle identification number
g. Name and address of registered owner.
9. File remaining copy of Parking Violations form in Property Receipt Book
and enter relevant information.
a. Make cross-reference in Command Log to Property Receipt Book.
Discrepancies will immediately be reported to the Stolen Property
Inquiry Section supervisor, by telephone.

ADDITIONAL Tow trucks used in the Scofflaw Removal Program are sub-contracted by the
DATA participating city marshals, require licensing by the Department of Consumer Affairs
and are subject to the rules and regulations of that agency.

Information concerning abandoned vehicles, which have not been reported stolen but are the
subject of an investigation, is transmitted to the Stolen Property Inquiry Section for entry
into the NYSPIN/NCIC computer system in the same manner as for repossessed vehicles.

Section 424, Vehicle and Traffic Law requires agencies who are members of the New
York Statewide Police Information Network (NYSPIN) to report the impounding of
motor vehicles, trailers or parts thereof to the Network. This is intended to prevent false
or erroneous reports of motor vehicle theft by owners who are unaware that their
vehicles have been impounded. Reports to NYSPIN shall include if possible:
a. Vehicle Identification Number (VIN)
b. Date of impoundment
c. License plate number
d. Location where the vehicle was obtained
e. Name, address and telephone number of the facility where the vehicle is being stored.

The term “impound” is defined to mean the taking into possession by an agency of any
motor vehicle which has been abandoned, repossessed, seized pending forfeiture
proceedings, taken into custody or held as evidence in the course of a police
investigation, required to be impounded by law, or held by any agency under
circumstances in which the owner might not reasonably know the status of the vehicle.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-49

INCIDENTS INVOLVING MEDIA REPRESENTATIVES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To cooperate with media representatives by not interfering or allowing others to


interfere with media personnel acting in their news gathering capacity.

NOTE A member of the press with proper credentials may not be excluded from an area where
the general public has access.

PROCEDURE Whenever a member of the service (uniformed or civilian) becomes involved in an


incident or confrontation with media personnel or media personnel are assaulted, harassed
or their vehicles/equipment are vandalized/damaged at the scene of news events:

UNIFORMED 1. Determine if any threat to safety of media representatives exists and take
MEMBER OF appropriate action.
THE SERVICE 2. Request response of a supervisory officer.

SUPERVISORY 3. Cooperate with and assist media representatives and provide safe access
MEMBER to the scene, if possible.
4. Conduct immediate investigation if member of the media is assaulted,
harassed or their vehicle/equipment is vandalized/damaged.
5. Attempt to obtain third party witnesses if confrontation with members of
the service or others.
6. Request all parties, including witnesses, if possible, to report to precinct
of occurrence for further investigation, when necessary.
7. Notify the Office of the Deputy Commissioner, Public Information
without delay.

NOTE The Office of the Deputy Commissioner, Public Information, is available 24 hours a day,
7 days a week for consultation and/or response to incidents involving the media.
Members of the service are required to immediately notify the Deputy Commissioner,
Public Information of any incident involving the media, regardless of the outcome of that
incident.

DESK OFFICER 8. Notify:


a. Commanding officer/duty captain
b. Lieutenant platoon commander
c. Operations Unit.

LIEUTENANT 9. Respond to command, if in the field, and under the supervision of the
PLATOON commanding officer/duty captain, conduct investigation of incident.
COMMANDER

NOTE The commanding officer/duty captain will perform the duties of the lieutenant platoon
commander, if the platoon commander is unavailable.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-49 08/01/13 2 of 2

LIEUTENANT 10. Prepare report on Typed Letterhead containing details of incident and
PLATOON results of investigation and forward to:
COMMANDER a. Chief of Patrol/bureau chief concerned
(continued) b. Borough commander concerned
c. Commanding Officer, Public Information Division
d. Command file.

NOTE The Office of Deputy Commissioner - Public Information will maintain a central
repository of all reports received of incidents involving news media representatives.

11. Forward supplementary report, if necessary.

COMMANDING 12. Respond to command and supervise the investigation and preparation of
OFFICER/ the report by the lieutenant platoon commander.
DUTY
CAPTAIN

ADDITIONAL Members of the service will not interfere with the video taping or the photographing of
DATA incidents in public places. Intentional interference such as blocking or obstructing
cameras or harassing the photographer constitutes censorship. Working Press Cards
clearly state the bearer “is entitled to cross police and fire lines.” This right will be
honored and access will not be denied. However, this does not include access to interior
crime scenes or areas frozen for security reasons.

In order to cooperate more fully with members of the news media and provide them with
access to cover newsworthy events, the following guidelines will be adhered to unless
safety interests or proper performance of police duties require otherwise:
a. To the extent it is feasible to do so, the media’s access to demonstrations on
private property will not be impeded by the Department.
b. The media will be given access as close to the activity as possible, with a clear
line of sight and within hearing range of the incident.
c. When incidents spill over or occur on private property, members of the media will
not be arrested for criminal trespass, unless an owner or representative expressly
indicates that the press is not to be permitted to enter or remain on the property.
d. If the ranking officer at the incident determines that press access must be
restricted in certain circumstances (i.e., in order for the Department to carry out
its law enforcement functions), he retains the discretion to do so.

RELATED Information Concerning Official Business of Department (P.G. 212-76)


PROCEDURES Release of Information to News Media (P.G. 212-77)

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-50

AIRCRAFT VIOLATIONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/19 08/28/19 1 of 2

PURPOSE To enforce laws regulating the operation of aircraft over the city.

PROCEDURE Upon receiving a complaint of or observing an aircraft being operated in a


careless or reckless manner (e.g., performing acrobatics), advertising by towing a
banner, dropping circulars, using loud speakers, landing or taking-off, except in
an emergency, any place within the city other than places designated by the
Department of Transportation or Port Authority of New York, or violating any
other law over the city:

UNIFORMED 1. Notify the radio dispatcher and request Aviation Unit response, if
MEMBER OF necessary.
THE SERVICE 2. Record the following information:
a. Description of aircraft, as detailed as possible, including
registration number, type (airplane, helicopter, gyroplane),
color, paint scheme, number of engines/propellers, wings
(mounted high or low, biplane, etc.)
b. Description of the action of the aircraft in flight, include estimate
of altitude (height of known structure, if possible)
c. Approximate location where flight action occurred
d. Time and date when action occurred
e. Names and addresses of witnesses
f. Name and location of base from which the aircraft took off from,
or landed, if known.
3. Serve summons, if possible.
4. Telephone information to the desk officer promptly.

DESK OFFICER 5. Assign a uniformed member of the service to advise complainant that a
citizen may lodge a complaint with the local Federal Aviation
Administration, Flight Standards District Office, if member of the service
does not observe the violation.
6. Notify Aviation Unit.
7. Notify commanding officer/duty captain/operations coordinator.
8. Telephone information to Office of the Chief of Special Operations.

AVIATION 9. Follow aircraft after observing a violation to any airport in the


UNIT metropolitan area to identify the aircraft and violator, if possible.
a. Serve summons, if warranted.

UNIFORMED 10. Inform the complainant that they may lodge a complaint with the local
MEMBER OF Federal Aviation Administration, Flight Standards District Office.
THE SERVICE 11. Make ACTIVITY LOG (PD112-145) entry, including name, address,
and telephone number of any witnesses.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-50 08/28/19 2 of 2

DESK OFFICER 12. Prepare three copies of report of the circumstances on Typed Letterhead.
a. Send copy to Aviation Unit
b. Send copy to Office of the Chief of Special Operations
c. File copy in binder at desk.

COMMANDING 13. Investigate report of the violation.


OFFICER, 14. Determine the identity of the aircraft and pilot.
AVIATION 15. Determine if violation of Federal Aviation Regulations, Administrative Code
UNIT or other law has been committed and have summons prepared, if warranted.
a. Prepare report, if violation has occurred, on OFFICIAL
LETTERHEAD (PD158-151) describing the details of the violation
and the identity of the offender to the Federal Aviation Adminstration,
Flight Standards District Office, Garden City, N.Y. (through channels)
for all aircraft violations in New York City, except helicopters.
(1) Send report to Flight Standards District Office, Farmingdale,
N.Y., (through channels) for all helicopter related violations.
16. Investigate and maintain complete statistics and records of all forced
landings within the city.

ADDITIONAL The Administrative Code, Section 10-127, makes it unlawful for the operator or owner of
DATA an aircraft to fail to report to the police department within ten hours a forced landing of
aircraft within city limits or an accident to an aircraft where personal injury, property
damage or serious damage to the aircraft is involved. Uniformed members of the service
on the scene will direct the pilot or owner to report to the desk officer, precinct of
occurrence. Failure to comply with this section is a misdemeanor.

When an airport, heliport or seaplane base is operating without a permit issued by the
New York City Economic Development Corporation or in violation of the permit, the
precinct commander will make a notification to the Economic Development Corporation
and prepare and forward two copies of a report to the Chief of Department and one
copy to the Commanding Officer, Aviation Unit.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS OFFICIAL LETTERHEAD (PD158-151)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-51

RESPONSE TO WORK DISRUPTIONS AT


CITY CONSTRUCTION SITES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To investigate and record complaints, effect arrests, when necessary, and provide
complainants in cases involving illegal work disruptions at City construction sites.

SCOPE In an effort to more effectively respond to and prevent illegal activity and demonstrations
which result in work disruptions at City construction sites, this Department and the
Mayor’s Office of Construction have developed a protocol to be followed by members of
the service and City agencies concerned. The protocol requires:
a. Posting of “No Trespassing” signs at construction sites.
b. Designation of an authorized agent to act as a liaison with personnel of
this Department.
c. Availability of agency representatives to act as complainants in criminal cases.

DEFINITIONS CONSTRUCTION SITE WORK DISRUPTION - Illegal activity by an


individual or individuals at or in the vicinity of a City construction site which is
either solely or in addition to other purposes intended to prevent, delay or
encumber construction work activity.

AUTHORIZED AGENT - Individuals designated to act as a liaison with Police


Department personnel. In addition to other duties, the authorized agent will:
a. Assist Police Department personnel in entering the site and identifying trespassers.
b. Provide eyewitnesses, if possible, to unlawful conduct in the event such
conduct is alleged, but not witnessed by members of the service
concerned. The identity of the authorized agent should be provided to the
appropriate precinct commander by the City agency concerned.

CITY CONSTRUCTION SITE - Property owned or leased by the City of New York or
agency of the City of New York upon which a physical structure (e.g., building, housing,
school, park, tunnel, road, etc.) is being constructed, renovated or demolished.

PROCEDURE Upon receiving a report of a work disruption at a City construction site:

UNIFORMED 1. Respond to location, verify disruption and ascertain extent.


MEMBER OF 2. Confer with authorized agent at construction site to determine if criminal
THE SERVICE activity has occurred.
3. Request response of patrol supervisor, if work site disruption is verified.
4. Make summary arrest if investigation reveals the commission of a criminal offense.
a. Effect arrest for felonious assault, based on information or observation,
regardless of the willingness of the victim to act as the complainant.
(1) Identity of informant, if any, will be noted.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-51 08/01/13 2 of 2

UNIFORMED b. Effect arrest for criminal trespass and/or criminal mischief to City
MEMBER OF owned property based on information or observation.
THE SERVICE (1) The City agency responsible or the Mayor’s Office of
(continued) Construction will act as the complainant.
(a) Identity of informant, if any, will be noted.
c. Effect arrest for criminal mischief involving property owned by
any party other than the City of New York or City agency only
when the party concerned requests an arrest be made and will
provide a complainant.
(1) Identity of the supervisory personnel representing the party
involved and informant, if any, will be noted.

NOTE It is not necessary to personally communicate a notice against trespass to an


individual(s) if “No Trespassing, Authorized Personnel Only” signs are posted and
clearly visible from outside an enclosed construction site.

5. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) in all


verified incidents and deliver to desk officer.
a. Enter “Construction Site Disruption” in box captioned “OFFENSE.”

PATROL 6. Respond to location.


SUPERVISOR 7. Request additional personnel and equipment, if necessary.
8. Notify desk officer.

DESK OFFICER 9. Notify precinct commander/duty captain, patrol borough command, and
Operations Unit.

COMMANDING 10. Respond to location and confer with supervisory personnel of the
OFFICER/ construction site.
COUNTERPART 11. Evaluate situation and direct the response of personnel and equipment accordingly.

ADDITIONAL A representative of the City agency concerned will act as the complainant in criminal cases
DATA involving City property. The agency representative will not necessarily be the same
individual identified as the “authorized agent” at the construction site. While the authorized
agent should be prepared to provide information, identification, and/or eyewitnesses to the
criminal action, the authorized agent is not required to act as the complainant.

RELATED Emergency Incidents (P.G. 213-02)


PROCEDURES Unusual Occurrence Reports (P.G. 212-09)
Labor Dispute (P.G. 212-52)

FORMS AND COMPLAINT REPORT WORKSHEET (PD313-152A)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-52

LABOR DISPUTE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To preserve the peace and protect life and property at the scene of a strike or labor dispute.

DEFINITIONS PENAL LAW SECTION 240.25, HARASSMENT IN THE FIRST DEGREE -


prohibits “stalking” - intentionally and repeatedly harassing another person by
following him/her in a public place or by engaging in a course of conduct which
places the person in reasonable fear of physical injury. However, this Penal Law
section does not apply to conduct which constitutes picketing or other labor-related
activity governed by federal labor statutes.

PENAL LAW SECTION 240.26, HARASSMENT IN THE SECOND DEGREE -


prohibits harassing a person by following him/her in a public place or engaging in a
course of conduct which alarms or seriously annoys someone and has no legitimate
purpose. These provisions do not apply to conduct which constitutes picketing or
other labor-related activity governed by federal labor statutes. However, the law
leaves intact the prohibition against striking, shoving, kicking, or otherwise subjecting
another person to physical contact, or attempting to do such acts -- no one, whether
picketing or not, is permitted to engage in this behavior, which remains enforceable
as Harassment in the second degree.

PROCEDURE Upon arriving at the scene of a strike or labor dispute:

UNIFORMED 1. Take action to preserve the peace and prevent destruction of property.
MEMBER OF 2. Request response of patrol supervisor.
THE SERVICE 3. Notify desk officer.

PATROL 4. Respond to location.


SUPERVISOR 5. Interview, separately, a management representative and union representative.
a. Obtain information for a STRIKE REPORT (PD332-151).
6. Advise management and union representatives that:
a. Force or violence will not be tolerated
b. The law will be enforced impartially
c. Right of the public to use streets and sidewalks will be protected
d. Striking employees may conduct orderly picketing in accordance
with conditions at the location
e. The precinct commander will designate the number of pickets permitted
f. Professional agitators and the use of language offensive to public
decency will not be permitted
g. The carrying of sticks or poles that are affixed to signs, or other
objects, which may be injurious to the public, by any individual or
group, will not be permitted.
7. Telephone the desk officer for immediate assignment of personnel, if required.
8. Deliver the STRIKE REPORT to the desk officer.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-52 08/01/13 2 of 2

DESK OFFICER 9. Confer with precinct commanding officer/duty captain concerning


personnel assignments.

PRECINCT 10. Determine personnel requirements.


COMMANDING a. Obtain the following information, if the dispute involves a large
OFFICER/ plant and a considerable number of employees:
DUTY CAPTAIN (1) Location and size of plant
(2) Location of entrances, exits, loading platforms, etc.
(3) Employees arrival and departure times
(4) Entrances and exits used by employees
(5) Time of employee’s meal periods and location of premises
where meals taken
(6) Transit facilities, parking lots and routes used by employees
(7) Times merchandise is shipped or received
(8) Other locations that may be affected by dispute
(9) Special hazards or conditions affecting police duty.

PATROL 11. Set up command post, if conditions require.


SUPERVISOR

NOTE Facilities of management or labor are not to be used as a command post or meal location.

DESK OFFICER 12. Make assignments as directed by precinct commander/duty captain from precinct
personnel, if available, or request additional personnel from patrol borough command.
13. Notify Operations Unit.
14. Have STRIKE REPORT prepared.
15. Sign STRIKE REPORT above caption “Reviewed By.”
a. Forward as indicated on form.

ADDITIONAL When individuals are engaged in labor related activity such as picketing, distributing leaflets
DATA or otherwise demonstrating in a labor relations context, they are exempt from arrest for the
categories of harassment discussed above. Instead, the victim may be referred to court for an
injunction, or to the National Labor Relations Board. The only permissible arrest for
harassment in this situation is now where the individual strikes, shoves, kicks, or otherwise
subjects the victim to physical contact, or attempts or threatens to do the same. It should also
be remembered that no other Penal Law section has been amended in this way, so that a
person who violates other provisions such as disorderly conduct, menacing, criminal mischief,
etc., will still be subject to arrest even if the violation occurred in a labor demonstration.

RELATED Unusual Occurrence Reports (P.G. 212-09)


PROCEDURES Emergency Incidents (P.G. 213-02)

FORMS AND STRIKE REPORT (PD332-151)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-54

PERSON THREATENING TO JUMP FROM STRUCTURE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/01/16 06/01/16 1 of 1

PURPOSE To prevent persons from jumping from structures.

PROCEDURE Upon arriving at a location where a person is threatening to jump from a


structure:

UNIFORMED 1. Notify radio dispatcher and request patrol supervisor, Emergency Service
MEMBER OF and ambulance to respond.
THE SERVICE a. Request Harbor Unit to respond if person is over navigable waters.
2. Attempt to persuade or prevent person from jumping.
3. Seek assistance of person’s relatives, friends, and clergyman.
4. Confine the person to side of the structure facing street, if possible.
5. Rope off area below and prevent persons from entering area.

PATROL 6. Verify that Emergency Service Unit and ambulance are responding, if
SUPERVISOR required.
a. Cancel response of Emergency Service/ambulance if no longer
required.
7. Follow P.G. 221-13, “Mentally Ill or Emotionally Disturbed Persons,”
where appropriate.

RELATED Mentally Ill Or Emotionally Disturbed Persons (P.G. 221-13)


PROCEDURE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-55

INVESTIGATION OF AIDED CASES INVOLVING INJURIES


RESULTING FROM ILLEGAL FIREWORKS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 1

PURPOSE To prevent future injuries to the public and to ascertain the source of illegal
fireworks.

PROCEDURE Upon responding to, or otherwise becoming aware of, an incident involving a
physical injury to an individual as a result of the intentional or accidental
detonation of illegal fireworks:

UNIFORMED 1. Render reasonable aid to injured person.


MEMBER OF 2. Request response of ambulance, if necessary.
THE SERVICE 3. Request response of patrol supervisor and precinct detective squad.
4. Notify desk officer, precinct of occurrence, of incident.
5. Issue summons or effect arrest if fireworks were illegally possessed.
6. Prepare COMPLAINT REPORT (PD313-152).
a. Under caption “Offense,” enter “Investigate Aided-Fireworks Injury,”
if applicable.
7. Prepare AIDED REPORT, if applicable.

PATROL 8. Review action taken and ascertain that precinct detective squad has been
SUPERVISOR notified to respond, if not present at scene.

PRECINCT 9. Investigate circumstances of injury to determine source of illegal fireworks.


DETECTIVE 10. Notify Intelligence Bureau and appropriate narcotics borough of results of
SQUAD investigation.
MEMBER

NOTE In addition, precinct detective squad members will notify the Detective Bureau Wheel 24
hours, seven days a week regarding all ongoing firework related investigations.

ADDITIONAL In cases where the aided is less than eighteen years of age, it is incumbent upon the
DATA investigating member to determine the extent of adult involvement in the incident. When
probable cause exists to establish a charge of Endangering the Welfare of Child, an
arrest will be made.
The Intelligence Bureau will maintain a data base containing all incidents involving a
physical injury to an individual as a result of the detonation of illegal fireworks. The
database will include all relevant information concerning the incident and the results of
the investigation. The Commanding Officer, Intelligence Bureau, will review the results
of each investigation and coordinate the distribution of intelligence obtained in the
investigation. In addition, those cases requiring further investigation will be referred to
the appropriate unit for follow-up investigation, as deemed necessary.

FORMS AND AIDED REPORT


REPORTS COMPLAINT REPORT (PD313-152)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-56

DIPLOMATIC INCIDENTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/24/18 07/24/18 1 of 3

PURPOSE To process incidents involving persons classified as “diplomats.”

DEFINITIONS DIPLOMATS - Members of foreign missions, delegations, embassies or


consulates to the United Nations, and their families and staff (identification cards
are issued by the United States Department of State).

DIPLOMATIC IMMUNITY - Diplomats with full criminal immunity shall not be


arrested but may be issued a summons. Uniformed members of the service will
extend every courtesy and consideration to them and provide all reasonable
assistance.

PROCEDURE Upon arriving at the scene of an incident where a diplomat is involved:

UNIFORMED 1. Take necessary action to protect life and property.


MEMBER OF a. Pending verification of diplomatic status, diplomats may be detained,
THE SERVICE particularly if they pose a danger to themselves or the public.

NOTE Do not enter headquarters district of United Nations to perform official duty without
consent of Secretary General.

2. Obtain name and title of diplomat and government he/she represents.


3. Notify Operations Unit and Intelligence Bureau immediately by telephone that an
incident involving a diplomat has occurred.

NOTE The Intelligence Bureau, Criminal Intelligence Section will verify diplomatic status, through
the Mayor’s Office for International Affairs, the U.S. Mission to the United Nations, Host
Country Affairs Duty Officer or the U.S. Department of State, Office of the Chief of Protocol.

4. Do not detain a diplomat who is properly identified and has been verified
by Intelligence Bureau personnel.
5. Request patrol supervisor to respond to scene.
6. Telephone details of the incident to the desk officer.

OPERATIONS 7. Notify detective squad or detective borough command, if required.


UNIT MEMBER 8. Notify Police Commissioner and Chief of Department, if required.
9. Notify Intelligence Bureau, Criminal Intelligence Section in all circumstances.

DESK OFFICER 10. Notify:


a. Precinct commanding officer/duty captain
b. Patrol borough
c. Operations Unit - to provide additional details and/or confirm incident.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-56 07/24/18 2 of 3

UNIFORMED 11. Prepare required forms/reports.


MEMBER OF 12. Make ACTIVITY LOG (PD112-145) entry.
THE SERVICE

INTELLIGENCE 13. Transmit details of incident to:


BUREAU a. Mayor’s Office for International Affairs
MEMBER b. United States Mission to the United Nations
c. United States Department of State, Office of the Chief of Protocol.

NOTE The Mayor’s Office for International Affairs may be requested to the scene or may
respond when appropriate.

PATROL 14. Investigate incident and interview witnesses.


SUPERVISOR 15. Determine if incident is of a serious or non-serious nature.
16. Take immediate action as required by circumstances of incident.
17. Report actions taken to precinct desk officer.

NOTE The desk officer will notify the precinct commanding officer/duty captain who will
perform the duties of the patrol supervisor if the incident is of a serious nature.
Incidents of a non-serious nature will be investigated by the patrol supervisor.

Members of the service will notify commanding officer/duty captain if an emergency child
removal, as described in P.G. 215-03, “Emergency Removals or Investigations and Reporting
of Abused, Neglected, or Maltreated Children,” has a diplomatic immunity component. Such
removal will be directly supervised by the commanding officer/duty captain.

18. Review actions already taken, conduct additional investigation as necessary.


19. Telephone results of preliminary investigation to:
a. Operations Unit
b. Patrol borough office concerned
c. Intelligence Bureau - indicate whether incident is serious or non-serious.
20. Prepare four copies of report concerning results of investigation on
Typed Letterhead, when incident is of a serious nature, and forward to:
a. Chief of Patrol - one copy DIRECT
b. Intelligence Bureau - two copies DIRECT
c. File last copy in precinct desk binder.
21. Notify precinct commanding officer/duty captain of actions taken, when
incident is of a non-serious nature.

PRECINCT 22. Review actions taken by the patrol supervisor in non-serious incidents.
COMMANDING
OFFICER/
DUTY CAPTAIN

INTELLIGENCE 23. Forward one copy of report to the Mayor’s Office for International
BUREAU Affairs.
MEMBER
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-56 07/24/18 3 of 3

NOTE The Mayor’s Office for International Affairs will, when appropriate, present the incident
to the District Attorney or other agencies for action, and follow up accordingly.

DESK OFFICER 24. Review and process required reports/forms.

ADDITIONAL Subsequent reports including final dispositions will be prepared and forwarded in the
DATA same manner as initial reports.

A parking summons placed upon a vehicle bearing “Diplomat” and “Consul” license
plates for a safety hazard violation is NOT considered a diplomatic incident.

When a diplomat with full diplomatic immunity (verified by the Intelligence Bureau) is
suspected of impaired/intoxicated driving, the uniformed member of service on the scene
may ask the diplomat to submit to a sobriety test (breathalyzer). The diplomat is entitled to
refuse. This request and the diplomat’s response must be documented in the member’s
ACTIVITY LOG and in the supervisor’s UNUSUAL OCCURRENCE REPORT (PD370-
152). This documentation may be used by the Mayor’s Office for International Affairs at a
later date for possible prosecution or administrative action against the diplomat, should the
diplomat’s home country waive immunity.

Even when a diplomat has full diplomatic immunity, the responding uniformed member of the
service must prepare all of the required reports (e.g., COMPLAINT REPORT WORKSHEET
[PD313-152A], AIDED REPORT, etc.) normally prepared for the type of incident.

RELATED Parking Summons - General Procedure (P.G. 209-07)


PROCEDURES Unusual Occurrence Reports (P.G. 212-09)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS AIDED REPORT
COMPLAINT REPORT WORKSHEET (PD313-152A)
UNUSUAL OCCURRENCE REPORT (PD370-152)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-57

SERVICE OF FAMILY COURT/SUPREME COURT ORDERS OF


PROTECTION BY UNIFORMED MEMBERS OF THE SERVICE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/16 02/04/16 1 of 4

PURPOSE To assist in the service of all orders of protection and any associated papers issued
by Family Court or Supreme Court.

PROCEDURE When an order of protection issued by Family Court or Supreme Court is presented
for service at a Department facility:

DESK 1. Accept the order of protection from the member of the public or Court.
OFFICER

NOTE Courts and advocacy organizations encourage petitioners to contact the NYC Sheriff in the
borough of issuance so that the NYC Sheriff may serve the order of protection. However,
should a member of the public appear at a Departmental facility seeking assistance in the
service of an order of protection, the member of the service must accept the order. Accepting
the order is not the same as serving the order. The NYC Sheriff’s Office, during its hours of
operation, is the process server for any and all civil orders of protection to be served within
New York City. During the hours when the NYC Sheriff’s Office is not in operation, the
Department will serve and/or attempt to serve any and all civil orders of protection within
New York City, until the NYC Sheriff’s Office resumes its hours of operation.

2. Have the petitioner complete the New York City Department of Finance,
Office of the Sheriff, Service of Process Intake (SH-0609) form.

MONDAY THROUGH THURSDAY, BETWEEN THE HOURS OF 0300 AND


2300, AND FRIDAY, BETWEEN THE HOURS OF 0500 AND 2300

DESK 3. Fax a copy of the order of protection and the New York City Department
OFFICER of Finance, Office of the Sheriff, Service of Process Intake form directly
to the NYC Sheriff’s Operations Desk at (718) 610-0577.
4. Confirm receipt of the order and the New York City Department of
Finance, Office of the Sheriff, Service of Process Intake form via
telephone, (718) 707-2020.
5. Make an entry in the Order of Protection Log and record the petitioner’s
name, respondent’s name, name of court, docket number, and confirmation
of the NYC Sheriff’s receipt of the order and relative paperwork.

NOTE The Order of Protection Log will be maintained at the desk and captioned across a double
page as follows:

LEFT PAGE

Pct. Serial Petitioner’s Respondent’s Docket 1st Tour Time/Date 2nd Tour
# Name Name # UMOS of UMOS
Assigned/ Attempt(s) Assigned/
Desk Desk
Officer Officer

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-57 02/04/16 2 of 4

NOTE RIGHT PAGE


(continued)
Date & (Through) 6th Tour Date & Final Time/Date Time/Date
Time of UMOS Time of Disposition NYC DVP Officer
Attempt(s) --------> Assigned/ Attempt(s) Sheriff Entered In
Desk Office Registry
Officer Received

ALL OTHER TIMES

DESK 6. Make appropriate entries in the Order of Protection Log.


OFFICER 7. Assign a uniformed member of the service to serve the order of protection.
a. Indicate name under caption “1st TOUR UMOS.”

UNIFORMED 8. Attempt to serve the order of protection.


MEMBER OF
THE SERVICE

IF ORDER OF PROTECTION IS SERVED

UNIFORMED 9. Prepare STATEMENT OF PERSONAL SERVICE (PD260-152) and


MEMBER OF prepare a photocopy.
THE SERVICE a. Examine and account for all documents served by insuring that
appropriate box is checked.
10. Make an ACTIVITY LOG (PD112-145) entry.
11. Deliver form to desk officer.
12. Forward photocopy of the STATEMENT OF PERSONAL SERVICE to
domestic violence prevention officer.

NOTE When preparing STATEMENT OF PERSONAL SERVICE forms for orders issued by
Supreme Court, strike out the heading reading “Family Court” and write in “Supreme Court.”

DESK 13. Enter into the Order of Protection Log that the order of protection was served.
OFFICER

DOMESTIC 14. Coordinate all tasks relating to the service and recording of orders of
VIOLENCE protection including filing, forwarding, etc.
PREVENTION 15. Enter applicable information for any order of protection served by the
OFFICER Department, into the State Order of Protection Registry, via the FINEST
system, upon receipt of each photocopy of a STATEMENT OF
PERSONAL SERVICE.
16. Enter the date and time entry into the Registry was made under the
appropriate caption in the Order of Protection Log.
a. Place initials inside same caption.

NOTE The Chief of Department’s Domestic Violence Unit will be responsible for ensuring that all
Domestic Violence Prevention Officers are trained in the use of the NYSPIN/FINEST system
in regard to the entry of service information.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-57 02/04/16 3 of 4

NOTE A copy of the order of protection denoting service does not need to be faxed and confirmed to
(continued) the NYC Sheriff’s Office since the Registry is regularly monitored by them.

DOMESTIC 17. Forward STATEMENT OF PERSONAL SERVICE to Family Court or


VIOLENCE Supreme Court clerk for any order of protection served by the Department.
PREVENTION
OFFICER
(continued)

IF UNABLE TO SERVE ORDER OF PROTECTION

UNIFORMED 18. Make an ACTIVITY LOG entry of each attempt to serve the order of
MEMBER OF protection.
THE SERVICE 19. Return the order of protection and related forms at end of tour to the desk officer.

DESK 20. Repeat steps “6” and “7” at least once each consecutive tour until the NYC
OFFICER Sheriff’s Office reopens or the order is served.
a. Indicate name under caption “2nd Tour UMOS Assigned/Desk
Officer.”
21. Repeat steps “3” and “4” for further processing when assigned member of the
service is unable to serve the order of protection and the NYC Sheriff’s Office
has reopened.
22. Enter into the Order of Protection Log that the order of protection was
forwarded to NYC Sheriff.

ADDITIONAL Each attempt made to serve the order of protection shall be documented in the member’s
DATA ACTIVITY LOG. The ACTIVITY LOG entry will include the respondent’s name, the
docket number of the order and any other pertinent information. Service must be attempted
at least once each tour until service is effected or the order is forwarded to the NYC Sheriff.

The assigned uniformed member of the service will inquire of neighbors, superintendent, etc., as
to respondent’s whereabouts. If respondent has moved, attempt to obtain the new address. If the
new address is within the precinct, service of the order of protection will be attempted at the new
location. A new entry in the Order of Protection Log will be required.

If the new address is outside the precinct concerned, indicate such in an ACTIVITY LOG
entry. The order of protection will be returned to the desk officer, along with any relevant
information obtained during the service attempt, for forwarding to the appropriate command
if the NYC Sheriff’s Office is not yet open.

When an exclusionary order of protection has been served, (an order that prohibits contact between
the petitioner and respondent and/or excludes the respondent from being present at said location)
uniformed members of the service may not assist respondents who wish to remove clothing/property
(commonly known as “clothes jobs”). Instead, the respondent should be advised to return to court
to have the order of protection amended, so that he/she may remove clothing/personal property
from the location, or, so that the items may be delivered to the respondent or a third party. This
does NOT prevent a member from accompanying the PETITIONER for whom the order was issued
when the petitioner has safety concerns about returning to a shared location for the purposes of
retrieving clothing/personal property.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-57 02/04/16 4 of 4

RELATED Family Offenses/Domestic Violence (P.G. 208-36)


PROCEDURES

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS STATEMENT OF PERSONAL SERVICE (PD260-152)
NYC Department of Finance, Office of the Sheriff, Service of Process Intake (SH-0609)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-58

FIRE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/16 10/18/16 1 of 4

PURPOSE To protect life and property, and facilitate fire operations.

PROCEDURE Upon receiving a report of a fire (10-59) through 911 or as a pick-up:

RADIO 1. Immediately assign available unit to respond and notify patrol supervisor.
DISPATCHER 2. Broadcast any new information received via ICAD or from members on
the scene. Notify the patrol supervisor and any other responding
supervisor(s) of all available information (e.g., numerous calls received,
affected floor, persons trapped, injuries, etc.).
3. If members of the service at scene are in immediate danger at any time
from smoke, heat, or fire, notify the FDNY dispatcher for
transmittal to FDNY units on the scene.

UNIFORMED 4. Park Department vehicles to prevent interference with firefighting


MEMBER OF operations.
THE SERVICE 5. Transmit signal 10-84 upon arrival on-scene of fire. Ensure FDNY is
responding if not on-scene and inform dispatcher of any pertinent details.
6. Ensure area in front of building is secured for responding FDNY
personnel and all fire hydrants are free of vehicles.
7. Direct responsible person to remain in front of location to direct fire
apparatus if fire is not in view.
8. Warn occupants and assist evacuated persons if appropriate.
9. Prevent persons from reentering the building and secure lobby.

NOTE Uniformed members of the service should be aware that some modern buildings are fire-proof and
may not exhibit conditions that are commonly believed to be observable from outside a building on
fire (i.e., flames or smoke). Uniformed members are not trained in, or equipped for, fire
suppression or fire rescue operations and should avoid entering any building that is on fire. In
most circumstances, members should await the arrival of FDNY personnel and assist in evacuation,
pedestrian/traffic control and establishing a secure perimeter around firefighting operations. Given
the fluid nature of the circumstances encountered at a fire scene, members of the service are
reminded to use common sense judgment.

10. If there is imminent danger to life and member(s) determine that entering
the building is necessary and prudent, notify radio dispatcher of all
observations made in connection with fire prior to entry.
11. Communicate to FDNY personnel at the scene the number of members of
the service who entered the building, including last known location, if
possible.
12. Proceed with caution at all times and maintain communication with radio
dispatcher.
a. Frequently relay location and ascertain estimated time of FDNY
arrival.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-58 10/18/16 2 of 4

UNIFORMED 13. Use stairs to reach reported fire location. (DO NOT use elevator.)
MEMBER OF a. Members should ascend in teams of two.
THE SERVICE 14. Advise radio dispatcher of labeled staircase being used or of any other
(continued) identifying characteristics of staircase, if not labeled.
15. Conduct a visual inspection of stairwell for smoke or flames prior to
ascending staircase.
a. While ascending, inspect each floor below reported fire floor for
smoke and/or fire and note location and distance of other
stairways, exits and/or potential areas of refuge.
16. DO NOT hold elevator cars on any floor as FDNY units will seek to recall
elevators to move personnel and firefighting equipment into position.
17. Conduct a visual inspection of hallway of reported fire floor through the
stairwell/hallway door window, if available.
a. Place back of hand on door that separates stairwell from affected
floor to detect the presence of heat.
(1) An unusually warm door or the presence of smoke are
indicators that there is a fire in the hallway or in an
apartment where a door has been left open. This can be an
extremely dangerous condition requiring personal
protective equipment to enter and is considered
“immediately dangerous to life and health.” In these cases,
members should not open the door or enter the
hallway as such action can draw smoke/fire toward the
stairwell.

PATROL 18. Respond to ALL building/structure fires in command.


SUPERVISOR 19. Confer with FDNY supervisor and advise members of the service to
evacuate/tactically retreat (e.g., assume a prone position and crawl or stay
as low to the ground as dictated by the situation, moving close to the wall
so that the wall may be used as a guide, etc.) to predetermined exit, if
smoke and heat are suddenly present.
20. Notify desk officer if fire is suspicious and request precinct detective squad.
21. Immediately assign uniformed members of the service to direct and control
responding emergency vehicles to allow free access to affected area.
a. Confirm that fire hydrants remain accessible for use.
b. Ensure a clear path of access and egress is established and
maintained for ambulances.

FIRST 22. Proceed immediately to the FDNY Incident Command Post once
SUPERVISOR established and remain at Incident Command Post until relieved or the
AT SCENE Command Post is demobilized.
23. Advise the FDNY Incident Commander of the number of members of the
service inside the affected building, including unit designation and last
known location.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-58 10/18/16 3 of 4

UNIFORMED 24. Establish police lines beyond the fire apparatus and hydrants in use.
MEMBER OF a. Establish police lines behind the building beyond fire operations,
THE SERVICE if necessary.
25. Permit only the following persons and vehicles to enter fire lines:
a. Ambulances
b. Police and FDNY vehicles
c. The Mayor and vehicle
d. Members of governmental agencies and their vehicles, in
performance of duty
e. Employees of public service corporations and their vehicles in the
performance of emergency duties
f. Persons holding valid unexpired press credentials
g. Red Cross personnel in performance of duty.
26. Record following information in ACTIVITY LOG (PD112-145):
a. Relevant details surrounding the fire including the location, time
and persons displaced or injured
b. Cause of fire, extent of damage and any suspicion of arson
(obtained from fire officer in charge), if available
c. Any dangerous condition resulting from the fire.
27. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) if the
fire is suspicious.
28. Prepare AIDED REPORT for each injured person.
29. Ensure premises are secure once firefighting operations have concluded.

DESK OFFICER 30. Notify Operations Unit and borough command if:
a. Injury or death occurs
b. Three alarms or more
c. Unusual type of fire
d. Cause of fire is suspicious
e. Forced entry by FDNY
f. Relocation of tenants required.
31. Review COMPLAINT REPORT WORKSHEET/AIDED REPORT,
if prepared.

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
Fires can spread rapidly and expand to other rooms, floors or buildings. In addition,
smoke created by fire contains poisons and carcinogens including carbon monoxide.
Members of the service should be aware, given the circumstances, that a high level of
exertion (e.g., stair climbing, etc.) prior to or while entering a fire location could be
problematic; the rapid respiration associated with a high level of physical exertion may
result in an increased intake of dangerous and harmful smoke into the lungs. ABSENT
EXIGENT CIRCUMSTANCES UNIFORMED MEMBERS OF THE SERVICE SHOULD
NOT OPERATE ON ANY FLOOR ABOVE THE FIRE AND NOT ATTEMPT TO
NAVIGATE THROUGH A SMOKE-FILLED OR FIERY ENVIRONMENT.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-58 10/18/16 4 of 4

ADDITIONAL In fire suppression incidents, according to the CIMS Primary Agency Matrix, the
DATA ranking FDNY officer is the Incident Commander and the NYPD will co-locate its
(continued) command post with the FDNY’s. The highest ranking NYPD uniformed supervisor shall
remain with the on-scene Incident Commander and work and coordinate with the
Primary Agency. The highest ranking uniformed supervisor is responsible for site
management and accountable for the inner perimeter and crowd / traffic control.

RESPONSE TO TWO ALARM FIRES

A second alarm occurs when the Fire Department dispatches additional engine
companies, additional ladder companies and other necessary resources beyond the
deployment of a full-scale first alarm response. While it is recognized that, in most
instances, members of the NYPD are already at the scene of such fires and are aware of
the second alarm, the Fire Department will notify the Operations Unit directly, when a
fire reaches a second alarm. Upon notification of a two alarm fire, the Operations Unit
will direct the duty captain to the scene.

The duty captain will respond to the scene to ensure that all appropriate coordination
and police services are being provided. In addition, the duty captain will give particular
attention to ensuring that traffic control is maintained and perimeters are established.
When appropriate, the duty captain may direct that a ranking member be designated as
the NYPD communications liaison.

The ranking member of the New York City Police Department on the scene will confer
with the ranking fire officer to determine if additional police resources are required, e.g.
Aviation Unit, Harbor Unit, etc. Supervisory members should be aware that, when
conditions warrant, the Fire Department may request that a fire officer be assigned to
an Aviation Unit in order to survey the fire and affected structures. Such requests
should be facilitated by promptly notifying the Operations Unit and arranging for the
flight, as appropriate.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS AIDED REPORT
COMPLAINT REPORT WORKSHEET (PD313-152A)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-61

BURGLARY/ROBBERY APPREHENSION MODULE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4

PURPOSE To reduce the occurrence of burglaries/robberies by identifying and


apprehending those individuals committing burglaries/robberies.

SCOPE The Precinct Detective Squad/Burglary/Robbery Apprehension Module


(PDS/BRAM) will maintain a dedicated focus on burglary/robbery investigations
and shall be under the direct organizational control and supervision of the Precinct
Detective Squad Commander.

PROCEDURE When a uniformed member of the service receives a complaint of a burglary or robbery:

UNIFORMED 1. Determine whether a burglary or robbery in fact has been committed by


MEMBER OF conducting preliminary investigation.
THE SERVICE 2. Broadcast description of perpetrators if available and appropriate, and
conduct search for suspects, if appropriate.
3. Safeguard evidence and when necessary, follow crime scene procedures
as per P.G. 212-04, “Crime Scene.”
4. Interview complainant and initiate investigation.
a. If perpetrator(s) can be identified, transport complainant to station
house to view photos.
5. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) for robbery.
a. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A)
for burglary if Burglary Apprehension Team member is not working.
b. Comply with P.G. 207-01, “Complaint Reporting System”.

NOTE Uniformed member of the service assigned will make notification to the Borough/Bureau
Evidence Collection Team (E.C.T.) to respond to all burglary incidents, including situations
where an arrest is made at the scene. The member assigned will enter the notification into the
COMPLAINT REPORT WORKSHEET (PD313-152A).

6. Make notification to Precinct Detective Squad who will immediately notify


the designated PDS/BRAM investigator, when available.
a. Provide all available information necessary to continue investigation.
b. Notify Detective Borough Night Watch if PDS/BRAM office is
closed (0100-0800 hours).

NOTE Copies of robbery/burglary complaints recorded on COMPLAINT REPORTS (PD313-


152) in the precinct on late tours will be picked up at 0800 hours by a PDS/BRAM member.

DESK OFFICER 7. Review and finalize the completed COMPLAINT REPORT in


OMNIFORM System.
8. Have a copy of COMPLAINT REPORT forwarded to the Precinct
Detective Squad/BRAM.
9. Ensure that additional copies of COMPLAINT REPORT are sent to
other units/agencies, as required.
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NOTE Pattern identification is crucial to a burglary strategy. As part of this strategy, the Detective
Bureau will establish burglary patterns in the same manner used to deal with robbery
patterns. Where two or more incidents have common traits the Precinct Detective Squad
Commander will establish a pattern. Items that should be considered in order to declare a
pattern are: similar methods of entry, items stolen, proximity of crimes to each other,
time/day of occurrence as well as any other distinguishable common characteristics. The
Precinct Detective Squad, in which a pattern has been established, will have the primary
responsibility in compiling a pattern folder and documenting their investigative steps to
apprehend the perpetrator unless the pattern crosses precinct boundary lines. All
information must be disseminated to members of the service in the local and surrounding
precincts, detective squads and investigative units. The Borough Robbery Squad will
assume responsibility for investigation of patterns affecting more than one precinct. The
Patrol Borough Commander will oversee the coordination of the plan to address the
pattern between Patrol Services, Detective Bureau (i.e., detective squad, warrants, gang
unit etc.) and Intelligence Bureau personnel.

PDS/BRAM 10. Review burglary and robbery complaint reports and assist in identifying
INVESTIGATOR any Burglary/Robbery patterns or trends that may arise.
11. Confer with the Precinct Field Intelligence Officer, when assigned, prior
to and following the issuance of a pattern.
12. Compile a pattern case folder for all identified patterns, documenting all
investigative steps taken.
13. Maintain photo books in accordance with established Legal Bureau
guidelines, containing pictures of persons previously arrested for burglary
and related crimes.
14. Confer with precinct and borough patrol and investigative units and
disseminate all information regarding burglary and robbery trends,
patterns and wanted perpetrators.
15. Update and maintain the Precinct Crime Information Center with active
INVESTIGATION CARD (PD373-163), Field Information posters,
serial burglar lists and photos.
16. Conduct an investigation when the subject of a “Home Visit” cannot be
located by the Precinct Burglary Apprehension Team (BAT).
17. Cultivate and maintain sources of information within command (e.g.,
confidential informants, building superintendents, landlords, block
watchers, etc).
18. Debrief all suspects arrested for crimes of burglary/robbery. Seek to:
a. Identify accomplices
b. Identify fencing locations
c. Identify other victims.
19. Be responsible for reviewing the list of persons selling items to
pawnshops or secondhand dealers.
a. Conduct appropriate investigation, i.e. INVESTIGATION
CARD check, warrant investigation, criminal record check.
20. Assist the Burglary Apprehension Team with “Fencing Sting Operations.”
21. Take major case prints for every person arrested for the crime of burglary.

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PDS/BRAM 22. Be responsible for the review of all burglary/robbery complaints received at
SUPERVISOR the office to determine case status.
23. Review all COMPLAINT REPORTS (PD313-152), Omniform
Complaint Revisions and COMPLAINT FOLLOW-UP
INFORMATIONALS (PD313-081A) prepared to determine whether the
cases should remain ACTIVE or CLOSED, and to ensure that all
necessary investigative steps have been taken.
24. Assign robbery and burglary cases amongst all detectives in the unit.
25. Ensure the crime information centers are updated accordingly.
26. Ensure pawnshop/secondhand dealer inspections are properly
investigated.
27. Verify major case prints are taken for every person arrested for burglary.

ADDITIONAL Assignment to a Precinct Detective Squad/Burglary Robbery Apprehension Module


DATA (PDS/BRAM) will be viewed solely as a Detective Bureau assignment, and not as an
“investigative assignment” available to police officers under the “Police Officers
Career Program.”
Precinct Detective Squad/Burglary Robbery Apprehension Module (PDS/BRAM) team
members will be assigned to the Detective Duty Chart. The squad commander, however,
will have sufficient flexibility to modify scheduled tours to accommodate the needs of the
command and/or for particular investigations.
Key elements which contribute to the success of the BRAM program:
a. The creation of a specialized BRAM unit within every Precinct Detective Squad. These
units are commanded by, and are accountable to, a Precinct Detective Squad
Commander who is responsible for the investigation of all robbery/burglary complaints
committed within that precinct (unless another unit has responsibility as per Department
directives, e.g., Internal Affairs Bureau - Police Impersonation Investigation Unit).
b. The allocation of Precinct Detective Squad personnel to the BRAM unit,
commensurate with the number of reported burglary/robbery cases. Precinct
Detective Squad Commanders will determine the exact complement of personnel
(supervisors/detectives), in concurrence with the respective Detective Borough
Commanding Officer.
c. One member of each PDS/BRAM will be designated as liaison with the Borough
Robbery Squad and the Intelligence Bureau for the purpose of identifying
emerging patterns and suspects. The Pattern Identification Module will be
responsible for identifying, tracking and disseminating information between the
precincts and boroughs affected and creating the pattern sheet upon conferral
with both the Precinct Squad Commanders and Precinct Commanders involved.
d. Detective Bureau must notify the appropriate Patrol Borough Pattern
Identification Module when a pattern is established and provide all relevant
details. Patrol Borough Pattern Identification Modules will notify the
appropriate Detective Bureau on all alerts. Detective Bureau will prepare an
apprehension plan on all patterns and submit it to the Chief of Detectives and
forward a copy to the appropriate Patrol Borough Commander.
e. The development and utilization of precinct Photo Books that contain photographs of
persons previously arrested for burglary, robbery and grand larceny from the
person, as well as all other photographable offenses within the same geographical
area. Each PDS/BRAM must regularly review the precinct’s arrest records and
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ADDITIONAL obtain all such prisoner photographs, including photos listing parolees with
DATA robbery/burglary convictions.
(continued) f. Uniformed members of the service on patrol are required to bring victims of
robberies to the precinct in order to view the Photo Books.
g. An innovative Case Management System which ensures prompt, thorough and
flexible investigation of burglary/ robbery complaints. Every burglary/ robbery
complaint, after assignment of a precinct complaint number, will be reviewed
and finalized in the OMNIFORM System by the desk officer. Desk officers will
closely scrutinize robbery complaints to ensure that procedures were properly
followed. An additional copy of the COMPLAINT REPORT (PD313-152) will
be forwarded to the Precinct Detective Squad. A thorough investigation will be
conducted on all burglary/robbery cases and the case status (open or closed)
will be determined by the PDS/BRAM supervisor.
If a uniformed member of the service apprehends a person wanted by the Precinct
Detective Squad, as a result of a photograph placed on the Crime Identification Center’s
bulletin board, the uniformed officer will deliver the prisoner to any member of that
detective unit performing duty at the time of the apprehension. The detective, who
assumes responsibility for the prisoner, is required to take all of the follow-up steps,
including arranging for and conducting a lineup, as per Patrol Guide 208-24,
“Identification Lineups/Showups,” booking and arraigning the prisoner.
A uniformed member of the service who apprehends two PDS/BRAM wanted persons
may be recommended for Departmental recognition in the appropriate grade by the
Precinct Commanding Officer. (If after the first arrest the individual apprehended is of
significant value, Departmental Recognition may be recommended).

RELATED Departmental Recognition – Uniformed Members of the Service (P.G. 205-39)


PROCEDURES Complaint Reporting System (P.G. 207-01)
Identification Lineups/Showups (P.G. 208-24)
Crime Scene (P.G. 212-04)

FORMS AND COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A)


REPORTS COMPLAINT REPORT (PD313-152)
COMPLAINT REPORT WORKSHEET (PD313-152A)
INVESTIGATION CARD (PD373-163)
Omniform Complaint Revision

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-65

BICYCLE PATROL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/19/16 07/19/16 1 of 5

PURPOSE To inform members of the service of the procedures to be followed when


performing bicycle patrol.

SCOPE All precincts, police service areas, Strategic Response Groups and the Chief of
Transportation are authorized to establish a bicycle patrol. ALL Patrol Boroughs,
the Chief of Transportation, and the Housing Bureau will designate a Bicycle
Coordinator.

PROCEDURE To perform bicycle patrol:

COMMANDING 1. Select volunteer members of the service within the command to perform
OFFICER bicycle patrol.
2. Ensure that bicycles and related equipment usage are maximized.
3. Select a supervisor to act as the bicycle coordinator.

MEMBER 4. Perform bicycle patrol, with the approval of an immediate supervisor.


ASSIGNED TO 5. Prior to performing bicycle patrol, all bicycles will be inspected using the
BICYCLE following ABC-QUICK CHECK:
PATROL a. Air pressure
b. Brakes
c. Crank
d. QUICK release levers
e. CHECK with brief ride
6. Notify immediate supervisor, or if not available, the desk
officer/counterpart if bicycle requires repair or should not be utilized (i.e.,
unsafe, damaged, etc.).

NOTE An ACTIVITY LOG (PD112-145) entry regarding the condition of the bicycle will be
made at the start of the tour.

7. Bicycle helmet, luminous vest and shatter-proof protective eye gear will
be worn at all times while operating a Department bicycle in uniform.
8. Except in emergency situations, the Vehicle and Traffic Laws will be
obeyed at all times.

BICYCLE 9. Deploy members of the service on bicycle patrol except when the
COORDINATING following conditions exist:
SUPERVISOR a. Rain, snow, sleet, heavy fog or any precipitation causes the
ground to become slippery
b. Patches of snow or ice remain from previous storms
c. High winds interfere with the control of the bicycle
d. Temperature is above 95 degrees or below 32 degrees Fahrenheit.

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NOTE If bicycle coordinating supervisor is unavailable, the desk officer/counterpart will


deploy bicycles to members of the service.

BICYCLE 10. Perform supervisory duty on bicycle, if practical.


COORDINATING 11 Ensure that bicycles are clearly marked with the command number
SUPERVISOR followed by the bicycle number (e.g., 103 PCT, 1).
(continued) a. Bicycle number is to be affixed on both sides of the fork (facing
downward) below the front brake cantilever.
b. Command designation is to be affixed at the top of the down tube
on both sides.
c. Numerals are one and one quarter inch block numbers, white in
color.
d. Requests for these stickers will be made to the respective patrol
borough/bureau bicycle coordinator concerned.
12. Establish and maintain a Bicycle/Equipment Log Book divided into four
sections as follows:
a. List of trained members of the service
b. Equipment and distribution including serial numbers of all
bicycles, date the bicycles were received, and the date
condemned. Indicate next to each bicycle number whether
community donated or Department purchased.
c. Bicycles needing repairs, person contacted, date sent out for
servicing and date returned.
d. A sign-in/sign-out of equipment and bicycles for use by
authorized bicycle patrol personnel.
13. Ensure that bicycles utilized are listed on the A.R.C.S. Roll Call (e.g.,
Beat #1, bike #103-1).
14. Designate a member of the service to perform minor repairs and
adjustments, not to exceed one hour per day, on bicycles assigned to the
command.

NOTE Only members of the service that have received the advanced one day repair training course
given by the Police Academy Driver Education and Training Unit are to be assigned.

15. Inspect members of the service and their bicycles for proper uniform and
equipment, prior to leaving the command facility.
a. If not available, the inspection will be done by the desk officer or
counterpart.
16. Prepare monthly Bicycle Patrol Activity Reports and forward to the
special operations lieutenant/counterpart for review by the seventh day of
each month.
17. Schedule repair dates with the appropriate designated repair facility.
18. Report damaged, lost or stolen Department bicycles and equipment to the
operations coordinator/counterpart and comply with P.G. 219-20 “Loss
Or Theft Of Department Property.”

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NOTE A copy of the equipment distribution and serial numbers for all bicycles will be forwarded
to the Patrol Borough, the Chief of Transportation, or Housing Bureau Bicycle
Coordinator. Lost/stolen bicycles and equipment will be reported as per P.G.219-20,
“Loss Or Theft Of Department Property.” A member of the service who is involved in a
collision and/or is injured shall comply with the applicable Patrol Guide procedures. A
bicycle involved in a collision will not be put into service until it is inspected by the Police
Academy Driver Education and Training Unit and returned to service. Copies of all
information regarding bicycle collisions will be forwarded to the Police Academy Driver
Education and Training Unit. An additional copy will be forwarded to the Bureau
concerned (Patrol Services or Housing).

SPECIAL 19. Oversee operation of the bicycle patrol for anti-crime and auxiliary
OPERATIONS police.
LIEUTENANT/ 20. Confer with the commanding officer to maximize utilization of
COUNTERPART equipment (e.g., search for missing persons, quality of life conditions,
robbery patterns, traffic enforcement operations, etc.).
21. Review Bicycle Patrol Activity Report, confer with the commanding
officer, and forward Bicycle Patrol Activity Report to the Patrol
Borough by the tenth day of each month.
a. Police Service Areas will forward their activity reports to the
Housing Bureau.
22. Coordinate, through the Patrol Borough or the Housing Bureau Bicycle
Coordinator (as appropriate), bicycle training for uniformed members of
the command, as needed.

NOTE Chief of Transportation will coordinate bicycle training through the Chief of Patrol’s
Resource Management Section, Professional Development Unit.

ANTI-CRIME/ 23. Perform duty on nondescript bicycles as directed by the anti-crime


UNIFORMED supervisor.
MEMBER OF 24. Conduct a safety inspection of a Department approved bicycle utilizing
THE SERVICE the ABC-QUICK CHECK and make ACTIVITY LOG (PD112-145)
entries regarding the condition of the bicycle.
25. Notify immediate supervisor if a bicycle requires repair or should not be
utilized (e.g., unsafe, damaged, etc.). If immediate supervisor is not
available, notify the desk officer.

NOTE Minor repairs to unmarked bicycles should be performed by the member of the service
designated at the command. Nondescript bicycles, which cannot be repaired, will be
discarded in accordance with A.G. 325-03 “Department Property - Disposal Of Non-
Expendable.”

26. Nondescript helmet, protective vest and eye gear will be worn.

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212-65 07/19/16 4 of 5

ANTI-CRIME 27. Supervise the utilization of nondescript bicycles by members assigned to


SUPERVISOR anti-crime and confer with the commanding officer regarding their use.

NOTE Nondescript bicycles will be acquired through the Property Clerk, as conversion property,
in accordance with A.G. 313-04 “Use Of Property (Other Than Vehicles) Held By
Property Clerk.” Prior to performing duties on property conversion bicycles, the
command concerned must have the bicycles inspected by the Police Academy Driver
Education and Training Unit. Scheduling of the inspection of these bicycles will be
coordinated through the Patrol Borough Coordinator.

28. Ensure that members of the service utilizing Department bicycles conduct
a safety inspection prior to use.
29. Maintain a list of the bicycles and serial numbers utilized by the anti-crime.
30. A copy of this list will be provided to the Patrol Borough or Housing
Bureau Bicycle Coordinator, as appropriate.

PATROL 31 Notify subordinate commands regarding pertinent matters relating to


BOROUGH/ bicycle patrol.
BUREAU 32. Establish and maintain a current listing of the bicycle coordinators within
BICYCLE subordinate commands.
COORDINATOR 33. Collect and consolidate Bicycle Patrol Activity Reports and forward
reports to the commanding officer for review.
34. Maintain, order, receive and distribute equipment for subordinate commands.
35. Ensure that, on a yearly basis, all Department bicycles within the
command have been inspected by conferring with the bicycle
coordinators of subordinate commands.
a. Scheduling for repairs and inspections should not deplete a
commands’ fleet of bicycles.

NOTE Patrol boroughs and Chief of Transportation will forward a consolidated Bicycle Patrol
Activity Report to the Operational Development Unit, Chief of Patrol, by the fifteenth day
of each month. Police Services Areas will forward consolidated Bicycle Patrol Activity
Reports to the Housing Bureau Coordinator.

ADDITIONAL Once a year, all Department bicycles will be fully inspected by the Police Academy’s
DATA Driver Education and Training Unit. The repair personnel will also conduct these
inspections during any period of repair and make a notification to the command
concerned when such an inspection is conducted. Records of inspections and repairs
will be kept by the Police Academy’s Driver Education and Training Unit and at the
command concerned. When repairs are needed, the coordinating supervisor will contact
the Police Academy’s Driver Education and Training Unit.

ALL commands will have their bicycles repaired at:

Police Academy’s Driver Education and Training Unit


Floyd Bennett Field
Bldg #4
Brooklyn, NY, 11234

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-65 07/19/16 5 of 5

RELATED Aided Cases - General Procedure (P.G. 216-01)


PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01)
Lost Or Theft of Department Property (P.G. 219-20)
Department Property - Disposal Of Non-Expendable (A.G. 325-03)
Use Of Property (Other Than Vehicles) Held By Property Clerk (A.G. 313-04)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS Bicycle Patrol Activity Report

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-66

CITY POLICY CONCERNING IDENTIFYING INFORMATION AND


ACCESS TO CITY SERVICES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/13/19 06/13/19 1 of 3

PURPOSE To ensure members of the service provide essential services to all residents,
regardless of immigration status, and that members of the service not inquire
about the immigration status of crime victims, witnesses, or others who require
police assistance.

DEFINITIONS IDENTIFYING INFORMATION - Any information obtained and maintained by,


or on behalf of, New York City, which may be used on its own, or with other
information, to identify or locate an individual, including, but not limited to: name,
sexual orientation, gender identity, race, marital or partnership status, status as a
victim of domestic violence or sexual assault, status as a crime victim or witness,
citizenship or immigration status, eligibility for, or receipt of, public assistance or
City services, all information obtained from an individual’s income tax records,
information obtained from any surveillance system operated by, for the benefit of,
or at the direction of the Police Department, motor vehicle information or license
plate number, biometrics (e.g., fingerprints, photographs, etc.), languages spoken,
religion, nationality, country of origin, place of birth, arrest record or criminal
conviction, employment status, employer information, current and previous home
and work addresses, contact information (e.g., phone number, email address, etc.),
information concerning social media accounts, date and/or time of release from
custody of the Administration for Children’s Services, Department of Correction,
or Police Department, any scheduled court appearances, or any scheduled
appointments with any employee, contractor, or subcontractor.

FOREIGN NATIONAL - Any person who is not a citizen or national of the


United States, regardless of immigration status or length of residency.

PROCEDURE When providing services to any individual, regardless of actual or perceived


immigration status:

MEMBER OF 1. Provide services to all individuals when necessary, regardless of actual or


THE SERVICE perceived immigration status.

INQUIRIES REGARDING IMMIGRATION STATUS

MEMBER OF 2. Do not inquire about immigration status for the purpose of establishing
THE SERVICE immigration status as an undocumented foreign national.
a. Inquire about an individual’s immigration status only in order to
investigate criminal activity.
3. Inquire about an individual’s immigration status, if one of the exceptions
permitting collection applies (see below listing under heading,
“COLLECTION OF INFORMATION”), and such person’s immigration
status is necessary for determining a program, service, or benefit eligibility,
or for the provision of City services, or such officer or employee is required
by law to inquire about such person’s immigration status.
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COLLECTION OF INFORMATION

MEMBER OF 4. Collect identifying information only, as follows:


THE SERVICE a. Such collection is in connection with the investigation of a crime
that has been committed, or credible information about an
attempted or impending crime (i.e., information necessary for
preparing required Department forms/reports, etc.); or
b. Such collection is in connection with an open investigation by a
City agency concerning the welfare of a minor or an individual
who is otherwise not legally competent; or
c. Such collection has been pre-approved as routine by the Agency
Privacy Officer assigned to the Legal Bureau; or
d. Such collection has been pre-approved as in the best interests of
the City by the City Chief Privacy Officer; or
e. Such collection is required by law or treaty and has been approved in
writing by the Agency Privacy Officer assigned to the Legal Bureau; or
f. Such collection furthers the purpose or mission of the Department
and has been approved in writing by the Agency Privacy Officer
assigned to the Legal Bureau.

NOTE It is incumbent upon the Department to maintain the trust and confidence of all who
depend on the services of the Department for their safety. It continues to be the policy of
the Department not to inquire about the immigration status of crime victims, witnesses, or
others who call or approach seeking assistance.

DISCLOSURE OF INFORMATION

MEMBER OF 5. Disclose identifying information only, as follows:


THE SERVICE a. Such disclosure has been authorized in writing by the individual to
whom such information pertains to, or if such individual is a minor or is
otherwise not legally competent, by such individual’s parent or legal
guardian and has been approved in writing by the Agency Privacy
Officer assigned to the Legal Bureau; or
b. Such disclosure is required by law and has been approved in
writing by the Agency Privacy Officer assigned to the Legal
Bureau or
c. Such disclosure furthers the purpose or mission of the Department
and has been approved in writing by the Agency Privacy Officer
assigned to the Legal Bureau; or
d. Such disclosure has been pre-approved as in the best interests of
the City by the City Chief Privacy Officer; or
e. Such disclosure has been designated as routine by the Agency
Privacy Officer assigned to the Legal Bureau; or
f. Such disclosure is in connection with an investigation of a crime that
has been committed or credible information about an attempted or
impending crime; or

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MEMBER OF g. Such disclosure is in connection with an open investigation by a City


THE SERVICE agency concerning the welfare of a minor or an individual who is
(continued) otherwise not legally competent.

ADDITIONAL Members of the service are reminded that the steps found in P.G. 208-56, “Foreign
DATA Nationals” are mandatory and required by United States treaty obligations. Nothing in
this procedure should limit or restrict the completion of the required inquiries regarding
the nationality of arrestees and notifications to their country’s embassy or consulate.

Any member of the service with a question related to the disclosure of identifying
information under this section shall consult with the Legal Bureau.

RELATED Bias Motivated Incidents (P.G. 207-10)


PROCEDURES Foreign Nationals (P.G. 208-56)
Investigative Encounters: Requests for Information, Common Law Right of Inquiry and
Level 3 Stops (P.G. 212-11)
Requests to Provide City Resources for Immigration Enforcement (P.G. 122-126)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-67

POLICE/CLERGY PROGRAM
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/21/16 01/21/16 1 of 3

PURPOSE To formalize police/clergy cooperation; provide instruction and direction to both police and
clergy; and to aid the Department in its effort to advance the concept of Community Policing.

DEFINITIONS POLICE/CLERGY LIAISONS - designated members will be available to assist


the Department in:
(1) Maintaining calm.
(2) Seeking cooperation from the community during and after emergencies such
as bias incidents, hostage cases, and emotionally disturbed person situations.
(3) Acting as unofficial recruiters, urging young people in their
congregations to seek careers with the Police Department.
(4) Attending appropriate events (e.g., Precinct Community Council meetings,
Youth Councils, etc.).
POLICE/CLERGY VOLUNTEERS - will be selected by precinct commanders,
in numbers based upon the individual precinct needs. These volunteers will
function within precinct boundaries and will perform duties as recruiters,
advisers and as a bridge between the community and the precinct.

PROCEDURE When a vacancy occurs in the Police/Clergy Program:

PRECINCT 1. Notify Chief, Community Affairs, in writing, as to cause of vacancy, i.e.,


COMMANDER retirement, transfer, inactivity of member, etc.
2. Nominate a member of the clergy to fill vacancy utilizing nomination
form (see “ADDITIONAL DATA”).
3. Forward nomination to Chief, Community Affairs, through channels.
NOTE Nominations should not exceed more than five per precinct. Deputy commissioners and bureau
chiefs may also make nominations direct to the Chief, Community Affairs.
4. Direct the maintenance of a log, in appropriate Department record book, listing all
recruited and selected clergy, both liaisons and volunteers, captioned as follows:
TITLE FIELD TELEPHONE RELIGIOUS TIMES LANGUAGES OTHER SPECIAL
NAME/ NUMBERS INSTITUTIONS AVAILABLE SPOKEN QUALIFICATIONS
ADDRESS

NOTE A list of the clergy participating in the program will be forwarded to the Community Outreach
Division.

POLICE/CLERGY 5. Review nominations.


REVIEW 6. Forward recommendations to the Police Commissioner.
COMMITTEE

CHIEF, 7. Arrange for issuance of identification card to nominee after approval of


COMMUNITY Police Commissioner.
AFFAIRS

NOTE The mere possession of a Police/Clergy Liaison Identification Card does not allow the
bearer access to police lines without authorization of the ranking officer in charge.
NEW  YORK  CITY  POLICE  DEPARTMENT
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ADDITIONAL In accordance with P.G. 212-74, “Community Notification Protocol,” designated clergy
DATA liaisons will be notified in the event of an incident of unusual, newsworthy, or sensitive
nature that has the potential for community concern and/or unrest. Clergy liaisons may
be requested to respond to incidents at the discretion of the incident commander/ranking
officer if their presence is deemed appropriate for possible assistance.

Uniformed members of the service in the ranks of captain and above will be cognizant of
the provisions of the Clergy Liaison Guidelines.

NEW  YORK  CITY  POLICE  DEPARTMENT


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ADDITIONAL SAMPLE NOMINATION FOR POLICE/CLERGY PROGRAM


DATA
(continued)
POLICE DEPARTMENT
CITY OF NEW YORK

Date

From: Commanding Officer, _________________________________________


To: Chief, Community Affairs (through channels)
Subject: POLICE/CLERGY LIAISON PROGRAM NOMINATION

The undersigned hereby nominates the below named individual for the Police/Clergy Liaison
Program:

Full Name: Title:

Religious Affiliation: Denomination:

Address of Institution:

City: State: Zip Code:

Home Address:

City: State: Zip Code:

Mailing Address (if different from above):

City: State: Zip Code:

Home Phone: (_____)_____-______ Religious Institution Phone: (_____)_____-______

Alternate Phone (beeper, cell phone, work, etc.):

Date of Birth _____/_____/_______ Social Security Number: ______-_____-_______

Reason for nomination:

For your CONSIDERATION.


_________________________
Rank/Signature

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-69

INVOLUNTARY PROTECTION SERVICE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/01/16 06/01/16 1 of 2

PURPOSE To assist Social Services representatives in the execution of court orders to gain
access to premises to determine the need for protective services.

PROCEDURE When presented with a court order by Social Services representative to enter
premises to conduct an assessment of an adult individual to determine the need
for protective services:

UNIFORMED 1. Direct Social Services representative presenting order to deliver the order
MEMBER OF to the Office of the Deputy Commissioner - Legal Matters during regular
THE SERVICE business hours.

MEMBER 2. Examine order for appropriateness and return to Social Services official:
CONCERNED, a. Forward copy to Operations Unit.
OFFICE OF THE b. Return original to Social Services representative.
DEPUTY
COMMISSIONER
LEGAL
MATTERS

MEMBER 3. Number order and record in appropriate log.


CONCERNED, 4. Identify the address as a precinct or housing (PSA) location.
OPERATIONS 5. Notify:
UNIT a. Patrol Services Bureau or Housing Bureau, as appropriate
b. Patrol borough or Housing borough office concerned.

NOTE The Chief of Department’s Investigation Review Section will serve as the repository for
such orders and their dispositions.

MEMBER 6. Notify desk officer, precinct or PSA concerned, of order.


CONCERNED,
PATROL OR
HOUSING
BOROUGH

DESK 7. Enter notification in the Telephone Record listing the particulars of the
OFFICER, order.
PRECINCT
OR PSA
CONCERNED

NOTE Upon the arrival at the stationhouse of the Social Services representative with the order,
the Telephone Record entry will serve to verify that the order was reviewed by the Legal
Bureau and authorization has been given to have a police officer accompany the
representative during the execution of the order.

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DESK 8. Direct patrol supervisor and a uniformed member of the service to


OFFICER, accompany the representative to the specific location mentioned in the
PRECINCT order.
OR PSA
CONCERNED
(continued)

NOTE The function of the uniformed members of the service is to preserve the peace. They are
not to personally assist in forcing entry to the premises, securing it afterward or
protecting property thereat. The Social Services representatives, if necessary, will
perform those duties.

PATROL 9. Prepare report, on typed letterhead, upon completion of assignment.


SUPERVISOR 10. Forward to Chief of Department, Investigation Review Section:
a. Original - DIRECT
b. Copy - through channels

ADDITIONAL Additional guidance concerning these orders can be obtained from the Legal Bureau.
DATA

RELATED Aided Cases - General Procedure (P.G. 216-01)


PROCEDURES Mentally Ill or Emotionally Disturbed Persons (P.G. 221-13)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-70

CIVILIAN COMMENDATIONS (NON-MEMBERS OF THE SERVICE)


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To recognize civilians other than members of the service for valuable assistance
rendered to the Police Department or the community in the area of public safety,
quality of life, and/or police-community relations.

PROCEDURE Whenever a member of the service (uniformed or civilian) recommends a civilian


non-member of the service for an act worthy of a civilian commendation.

MEMBER OF 1. Prepare request, utilizing the CIVILIAN COMMENDATION


THE SERVICE APPLICATION (PD127-016).

NOTE Members of the service preparing a CIVILIAN COMMENDATION APPLICATION (PD127-


016) must ensure that the facts reported in the APPLICATION are accurate, not embellished
upon, and consistent with other arrest and investigatory paperwork. The CIVILIAN
COMMENDATION APPLICATION has the potential of becoming “Rosario” material in a
criminal prosecution. The arresting officer should advise the Assistant District Attorney assigned
to a pending case of the existence of the CIVILIAN COMMENDATION APPLICATION, as
well as any other recorded statements of witnesses.

2. Forward APPLICATION to Operations Coordinator/Designated


Supervisor.

NOTE Endorsements or nominations from outside the Department will not be considered.
OPERATIONS 3. Have command serial number assigned.
COORDINATOR/ 4. Forward APPLICATION to commanding officer.
DESIGNATED
SUPERVISOR

COMMANDING 5. Review APPLICATION.


OFFICER 6. Make determination if Civilian Commendation is appropriate.
7. Have warrant check conducted of individual concerned and attach to
APPLICATION. (Disapprovals based upon warrant checks will be filed
at local command).
8. Indicate approval by endorsing APPLICATION to respective Borough/Bureau
Commanding Officer.

BOROUGH/ 9. Have CIVILIAN COMMENDATION APPLICATION recorded.


BUREAU 10. Review request.
COMMANDING 11. Make a determination if request for Civilian Commendation is warranted.
OFFICER 12. Indicate disapproval by endorsing APPLICATION to commanding
officer concerned.
13. Indicate approval by endorsing APPLICATION to the Chief,
Community Affairs.
14. Forward copy of approved APPLICATION to Bureau Chief concerned
for information only.
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CHIEF, 15. Have all requests for Civilian Commendations recorded.


COMMUNITY 16. Review approved APPLICATION endorsed by Borough/Bureau
AFFAIRS Commanding Officer.
17. Make final determination of approval.
18. Indicate disapproval by endorsing request to Borough/Bureau
Commander.
19. Prepare and forward a signed Certificate of Civilian Commendation to
commanding officer of originating command, along with a copy of fully
endorsed APPLICATION.
20. File approved requests.

COMMANDING 21. Sign Certificate of Civilian Commendation and coordinate presentation of


OFFICER civilian commendation to recipient with Borough/Bureau Commanding
Officer, if applicable.

COMMANDING 22. Schedule and make all arrangements and notifications for a city-wide
OFFICER, award ceremony when requested by the Chief, Community Affairs.
CEREMONIAL
UNIT

FORMS AND CIVILIAN COMMENDATION APPLICATION (PD127-016)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-71

GUIDELINES FOR THE USE OF VIDEO/PHOTOGRAPHIC


EQUIPMENT BY OPERATIONAL PERSONNEL AT
DEMONSTRATIONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/19/16 07/19/16 1 of 2

PURPOSE To describe those limited circumstances when operational personnel may use
video and/or photographic equipment at demonstrations and to establish
procedures for the use of such equipment, when permitted.

SCOPE Use of video and/or photographic equipment by operational personnel at


demonstrations is appropriate only if a permissible operational objective exists.
The following constitute permissible operational objectives:
a. A bona fide need exists to prepare training materials on proper crowd
control techniques; or
b. When it reasonably appears that unlawful conduct is about to occur, is
occurring or has occurred during the demonstration; or
c. A bona fide need exists to continuously assess crowd conditions, through
the use of live video transmissions, for the proper deployment of police
resources.

PROCEDURE When ranking personnel of this Department contemplate the use of video and/or
photographic equipment at a demonstration for a permissible operational
objective:

RANKING 1. Submit a report, on Typed Letterhead, to the Deputy Commissioner,


OFFICER Legal Matters, through channels
2. Include in the request the following information:
a. Date, time and location of demonstration (if known)
b. Specific permissible operational objective to be achieved

DEPUTY 3. Review request for use of video and/or photographic equipment to


COMMISSIONER, determine whether videorecording/photography is for a permissible
LEGAL purpose and should be approved.
MATTERS
4. If approved, forward copy of approved request to Chief of Department,
Bureau or Borough Commander of Ranking Officer making request and
Commanding Officer, Technical Assistance Response Unit.

NOTE Every approved request for the use of video/photographic equipment will be entered into
a serially numbered log, maintained solely for this purpose, at the Technical Assistance
Response Unit.

COMMANDING 5. Ensure that appropriate entries are made in log upon receipt of request.
OFFICER, 6. Assign members of TARU to the demonstration to operate video/photographic
TECHNICAL equipment.
ASSISTANCE
RESPONSE
UNIT

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UPON COMPLETION OF VIDEORECORDING/PHOTOGRAPHING:

COMMANDING 7. Ensure that all videorecordings/photographs prepared in connection with


OFFICER, this procedure are maintained for a minimum of one year from the date
TECHNICAL the images were recorded.
ASSISTANCE
RESPONSE
UNIT

DEPUTY 8. Review recorded materials to determine whether they should continue to


COMMISSIONER, be preserved:
LEGAL
MATTERS a. If the materials contain evidence of unlawful activity, they will be
considered evidence, and handled accordingly.
b. If the materials are deemed valuable for civil litigation, training, or
any other specific purpose, they will be similarly preserved in
connection with that purpose.
c. After three years, materials not meeting the criteria in (a) or
(b) above shall be destroyed.

ADDITIONAL Videorecordings/photographs should be consistent with the permissible operational


DATA objective. For example, videorecordings/photographs taken for training purposes or to
assess crowd conditions should generally not contain close-ups of participants in the
demonstration, but should focus on crowd size, police tactics and/or behavior. When the
permissible objective is to record unlawful activity and/or arrest activity, videorecording
/photography should commence only when there is a reasonable belief that criminal or
unlawful activity is about to occur or when spontaneous criminal or unlawful activity
actually occurs or has occurred.

Video and/or photographic equipment authorized to be used pursuant to this procedure


may only be operated by TARU personnel. Personnel assigned to other commands, e.g.,
Strategic Response Groups, the Disorder Control Unit, shall not utilize video or
photographic equipment at demonstrations pursuant to this procedure.

With the exception of members of the service assigned to or working under the
supervision of the Intelligence Bureau, all personnel who operate video and/or
photographic equipment pursuant to this procedure must be clearly identifiable as
police personnel. They must wear either a police uniform or a jacket that is clearly
marked “POLICE.” Displaying a shield on a chain is not sufficient identification.

All videorecordings and photographs pertaining to this procedure, except materials


invoiced as evidence, or used in connection with the preparation of training materials,
will be stored at TARU. All requests to obtain or view such videorecordings or
photographs will be made in writing to the Deputy Commissioner, Legal Matters,
detailing the reason for the request. Commanding Officer, TARU shall maintain a
record of all such requests and whether any copies were provided.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-72

GUIDELINES FOR UNIFORMED MEMBERS OF THE SERVICE


CONDUCTING INVESTIGATIONS INVOLVING POLITICAL
ACTIVITIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/25/18 06/25/18 1 of 24

PURPOSE To provide guidelines for investigations of possible unlawful or terrorist related


activity that involve political activity, including the collection, analysis,
processing, retention, and dissemination of information concerning persons,
groups, or organizations involved in political activity.

DEFINITIONS POLITICAL ACTIVITY – The exercise of a right of expression or association


for the purpose of maintaining or changing governmental policies or social
conditions.

INVESTIGATION – A police activity undertaken to obtain information or


evidence.

LEAD – Information submitted to or obtained or developed by the Intelligence


Bureau concerning an ongoing investigation, or, that may be used to initiate a
new investigation.

INVESTIGATIVE STATEMENT – A detailed written request submitted under


this procedure to obtain approval for the initiation of a Preliminary Inquiry, Full
Investigation, or Terrorism Enterprise Investigation.

AUTHORIZING OFFICIAL – The Intelligence Bureau official (specifically, the


Chief of Intelligence, Executive Officer of the Intelligence Bureau, or
Commanding Officer of the Criminal Intelligence Section) authorized to approve
requests to initiate or extend a Preliminary Inquiry, Full Investigation, or
Terrorism Enterprise Investigation.

PROCEDURE When a Lead involving possible unlawful or terrorist related activity is received
from any source involving an individual, group, or organization that is engaged
in political activity which requires some follow up or further investigation:

NOTE The Handschu Consent Decree (Appendix A) and the Guidelines for Investigations
Involving Political Activity (Appendix B) (together, “the Revised Handschu Guidelines,”
or, “the Guidelines”) require that any investigation by the New York City Police
Department involving political activity shall be initiated by and conducted only under
the supervision of the Intelligence Bureau. Accordingly, members of the service shall not
conduct investigations involving political activity without the express written approval of
the Deputy Commissioner, Intelligence.

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MOS 1. Report information or observations concerning possible unlawful or


RECEIVING terrorist activity involving political activity to the Criminal Intelligence
INFORMATION Section, Operations Unit (twenty-four hours a day, seven days a week).
SUGGESTING a. Include details of Lead, including information suggesting need for
NEED FOR investigation of individual, group, or organization involved in
INVESTIGATION political activity.
INVOLVING b. Comply with directions of Supervisor, Criminal Intelligence
POLITICAL Section, Operations Unit, including preparation of more detailed
ACTIVITY report, if necessary.

INTELLIGENCE 2. Accept and record Leads received.


BUREAU a. Contact reporter and conduct telephone interview to obtain
CRIMINAL additional details, if necessary.
INTELLIGENCE 3. Confer with Criminal Intelligence Section supervisor concerning
SECTION, assignment and disposition of Lead; if appropriate, refer for review as
OPERATIONS required by Lead processing procedures.
UNIT

CRIMINAL 4. Assign Lead requiring follow up by Intelligence Bureau to appropriate


INTELLIGENCE unit for Checking of Lead or other investigation.
SECTION
SUPERVISOR

SUPERVISOR, 5. Supervise performance of Checking of Lead, if appropriate.


INTELLIGENCE 6. Submit Investigative Statement to Authorizing Official requesting
BUREAU UNIT approval to conduct either a Preliminary Inquiry, Full Investigation, or
ASSIGNED Terrorism Enterprise Investigation, if the original Lead, the results of a
Checking of Lead, or other information suggests the need for further
investigation that involves political activity.
a. Specify request and justification for use of undercover or
confidential informant, (or other investigative technique requiring
approval) as appropriate.

NOTE The Investigative Statement will be clear and precise. The subject group, organization,
or individual whose political activity is to be investigated will be clearly identified. The
Investigative Statement will specify the information that forms the basis for the request
for a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation. In
exigent circumstances, an investigation may be undertaken before an Investigative
Statement has been submitted and approved. In such case, the Investigative Statement
must be submitted as soon as practicable.

AUTHORIZING 7. Review request; determine whether requested investigation is warranted


OFFICIAL and in compliance with the Revised Handschu Guidelines.
a. Indicate approval or denial of investigation and investigative
technique(s) in written endorsement.
b. Forward endorsement to Deputy Commissioner, Intelligence for
final approval, if approved.
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DEPUTY 8. Review request, determine whether requested investigation is warranted


COMMISSIONER, and in compliance with the Guidelines.
INTELLIGENCE a. Indicate final approval or denial of investigation and investigative
technique(s) in written endorsement.

INVESTIGATIVE 9. Conduct approved investigation involving political activity according to


UNIT the Constitution, the Revised Handschu Guidelines, this procedure, and
ASSIGNED other applicable law and Department procedures.

ASSIGNED 10. Confer with supervisor and prepare report of investigative activity.
INVESTIGATOR 11. Submit completed report to supervisor.

SUPERVISOR, 12. Review report to verify that only approved investigative activity has been
INVESTIGATIVE undertaken.
UNIT 13. Forward completed investigator’s report to Commanding Officer of
ASSIGNED Investigative Unit assigned.

COMMANDING 14. Review all reports prepared by assigned investigator and verify that the
OFFICER, investigation was conducted in compliance with the Guidelines.
INVESTIGATIVE
UNIT
ASSIGNED

DEPUTY 15. At regular intervals, review the progress of approved investigations to


COMMISSIONER, ensure that investigations are conducted in compliance with the
INTELLIGENCE Guidelines.
16. Facilitate participation of court appointed civilian representatives to
Handschu Committee.
17. Periodically advise the Police Commissioner concerning the status and
outcome of investigations conducted under the Guidelines.

ADDITIONAL See attached Appendix A, Handschu Consent Decree, and Appendix B, Guidelines for
DATA Investigations Involving Political Activity.

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ADDITIONAL APPENDIX A
DATA
(continued) HANDSCHU CONSENT DECREE; DECISION AND GUIDELINES

1. PURPOSE

Pursuant to the settlement entered into by the Police Department in the case of
Handschu, et al. v. Special Services Division, et al., the Department is required to
comply with certain guidelines in investigative matters as set forth herein.

2. BACKGROUND OF HANDSCHU, et al. v. SPECIAL SERVICES DIVISION,


et al.

Handschu was commenced in 1971. The complaint alleged that certain intelligence gathering
practice and conduct of the Department infringed upon the plaintiffs’ constitutional rights.
Such conduct included infiltration, electronic surveillance, dossier collection, and improper
dissemination of collected information. In order to resolve the issues raised in Handschu, the
parties agreed to the implementation of certain guidelines which were commonly referred to
as the Handschu Guidelines and which have been incorporated in the Patrol Guide since that
time. Pursuant to a recent court order granting the Department’s request to modify those
guidelines, the following “Revised Handschu Guidelines” (including the following
“Guidelines for Investigations Involving Political Activity”) hereby replace the old
guidelines, and are now in effect.

3. GUIDELINES

I. GENERAL STATEMENT OF POLICY

Activities of the New York City Police Department in the investigation of political activity will
conform to constitutionally guaranteed rights and privileges.

II. DEFINITIONS

A. Political Activity - The exercise of a right of expression or association for the


purpose of maintaining or changing governmental policies or social conditions.

B. Authority - A board established pursuant to Section III of these guidelines.

C. Investigation - A police activity undertaken to obtain information or evidence.

III. AUTHORITY ESTABLISHED

There is hereby established an Authority to conduct the review of records described in


paragraph IV. It shall consist of three members who shall act as a body, to wit, the Deputy
Commissioner - Legal Matters of the Police Department, the Chief of Internal Affairs of
the Police Department, and a civilian member appointed by the Mayor upon consultation
with the Police Commissioner for a term revocable at will. The decisions of the Authority
as set forth herein shall be by majority vote.

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ADDITIONAL IV. REVIEW OF RECORDS TO DETERMINE COMPLIANCE


DATA
(continued) A. At any time a person or member of a group or organization, having reason to
believe that such person, group, or organization has been the subject of
investigation of political activity which violates constitutionally guaranteed
rights and privileges, may request in writing which sufficiently identifies the
requesting party that the Authority make inquiry of the appropriate investigative
officer of the NYPD. If the Authority’s inquiry reflects that the investigation was
conducted in conformity with the Constitution, the Authority shall notify the
requesting party that if an investigation was made, it was made in accordance
with the Constitution.

B. If the inquiry reveals or if the Authority otherwise becomes aware that an


investigation was not conducted in conformity with the Constitution with respect
to the requesting party, the Authority shall proceed as follows:
(1) The Authority shall obtain all information and documents pertaining to
the requesting party developed in the course of such investigation.
(2) The Authority shall conduct or cause to be conducted an inquiry into the
circumstances of such investigation with respect to the requesting party.
(3) In the event the inquiry determines that such investigation with respect
to the requesting party was not conducted in accordance with the
Constitution, the Authority shall so notify the requesting party and
submit a report to the Police Commissioner.

4. DATE OF EFFECT

Effective immediately, no members of the service shall engage in an investigation of


political activity except through the Intelligence Bureau. Requests for such investigations
should be on Typed Letterhead addressed to the Commanding Officer, Intelligence
Bureau. Where time is of the essence the request may be by telephone (646) 805-6400 to
the Criminal Intelligence Section of the Intelligence Bureau. In all cases, members of the
service concerned shall abide by the direction of the Intelligence Bureau. Such
investigations shall be conducted pursuant to the “Guidelines for Investigations Involving
Political Activity” set forth below.

5. INTERPRETATION

Any member of the service who is uncertain whether a particular investigation constitutes an
“investigation involving political activity” shall consult with the Legal Bureau.

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ADDITIONAL APPENDIX B
DATA GUIDELINES FOR INVESTIGATIONS
(continued) INVOLVING POLITICAL ACTIVITY

PREAMBLE

Subsequent to the terrorist attacks on the City of New York on September 11,
2001 which resulted in the loss of thousands of lives and the total destruction of the
World Trade Center complex, it became apparent that the City faces unprecedented
threats to its continued safety and security. In the view of federal, state and local law
enforcement agencies, the prevention of future attacks requires the development of
intelligence and the investigation of potential terrorist activity before an unlawful act
occurs.

As a result of a federal court order entered in 1985, the New York City Police
Department was bound by guidelines, known as the Handschu Guidelines, which
governed the investigation of political activity. The Handschu Guidelines (i) limited the
investigation of political activity to those circumstances when there was specific
information of criminal activity and (ii) established the Handschu Authority to oversee
compliance. After evaluating the impact of the Handschu Guidelines on the need to
investigate terrorism in a changed world, the City made an application to modify the
order so as to eliminate the restrictions contained in the Handschu Guidelines and the
oversight of the Handschu Authority with respect to those restrictions. The City did not
seek to eliminate the Handschu Authority’s role to investigate an individual’s complaint
that the NYPD had engaged in unconstitutional conduct in the investigation of political
activity.

The Court granted the City’s application to modify the decree provided the City
adopt the internal guidelines set forth below and distribute the guidelines to supervisory
personnel who, in turn, were to make them known to those under their command. These
guidelines were subsequently incorporated into an order of the Court in 288 F.Supp.2d
411, 420 (S.D.N.Y. 2003) and are enforceable as set out in 679 F.Supp.2d 488, 497
(S.D.N.Y. 2010). They shall remain in effect unless otherwise ordered by the Court.
These guidelines are binding on all members of the service who are engaged in the
investigation of political activity. It is the purpose of these guidelines to enable officers
to perform their duties with greater certainty, confidence and effectiveness while at the
same time protecting the guarantees of the Constitution.

I. STATEMENT OF POLICY

It is the policy of the New York City Police Department that investigations
involving political activity conform to the guarantees of the Constitution, including the
guarantee of equal protection. It is the policy of the New York City Police Department
that care be exercised in the conduct of those investigations so as to protect
constitutional rights, including the right to be free from investigation in which race,
religion, or ethnicity is a substantial or motivating factor. It is the policy of the New
York City Police Department that matters investigated be confined to those supported by
a legitimate law enforcement purpose.

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ADDITIONAL II. GENERAL PRINCIPLES


DATA
(continued) (1) In its effort to anticipate or prevent unlawful activity, including terrorist
acts, the NYPD must, at times, initiate investigations in advance of unlawful conduct. It
is important that such investigations not be based solely on activities protected by the
First Amendment. It is also important that investigations not intrude upon rights of
expression or association in a manner that discriminates on the basis of race, religion or
ethnicity, where such discrimination is a substantial or motivating factor for the
investigation. When, however, statements advocate unlawful activity, or indicate an
apparent intent to engage in unlawful conduct, particularly acts of violence, an
investigation under these guidelines may be warranted, unless it is apparent, from the
circumstances or the context in which the statements are made, that there is no prospect
of harm.

(2) Based upon the circumstances of a given case, investigative action may
be required under exigent circumstances. Exigent circumstances are circumstances
requiring action before authorization otherwise necessary under these guidelines can
reasonably be obtained, in order to protect life or substantial property interests; to
apprehend or identify a fleeing offender; to prevent the hiding, destruction or alteration
of evidence; or to avoid other serious impairment or hindrance of an investigation.

When any investigative action, taken under exigent circumstances, would require an
approval under ordinary conditions, such approval shall be obtained as soon as
practicable in accordance with the provisions of these guidelines. Where a regular
approval or request is required to be in writing, the approval or request following
exigent circumstances shall also be in writing.

(3) Investigations shall be terminated when all logical leads have been
exhausted and no legitimate law enforcement purpose justifies their continuance.

III. APPLICABILITY

These guidelines apply only to investigations which involve political activity.


They do not apply to, or limit, other activities of the NYPD in the investigation or
detection of unlawful conduct, the preservation of the peace and public safety or other
legitimate law enforcement activities which do not involve political activity.

IV. ROLE OF THE INTELLIGENCE BUREAU

(1) Investigation of political activity shall be initiated by, and conducted


under the supervision of the Intelligence Bureau. Nothing in this paragraph, however, is
intended to prevent any member of the service from reporting his or her observations of
suspicious conduct which involves political activity to his or her commanding officer or
to the Intelligence Bureau.

(2) The Deputy Commissioner of Intelligence shall periodically inform and


advise the Police Commissioner concerning the status of any investigations conducted
pursuant to these guidelines.

NEW  YORK  CITY  POLICE  DEPARTMENT


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ADDITIONAL V. LEVELS OF INVESTIGATION


DATA
(continued) These guidelines provide for three levels of investigative activity. They are
intended to provide the NYPD with the necessary flexibility to act well in advance of the
commission of planned terrorist acts or other unlawful activity. However, if the
available information shows at the outset that the threshold standard for a Preliminary
Inquiry or Full Investigation is satisfied, then the appropriate investigative activity may
be initiated immediately, without progressing through more limited investigative stages.

A. Checking of Leads

The lowest level of investigative activity is the “prompt and extremely limited
checking out of initial leads,” which should be undertaken whenever information is
received of such a nature that some follow-up as to the possibility of unlawful activity is
warranted. This limited activity should be conducted with an eye toward promptly
determining whether further investigation (either a Preliminary Inquiry or a Full
Investigation) should be conducted.

Example: If the NYPD receives an allegation that an individual or group has


advocated the commission of violence, and no other facts are available, an appropriate
first step would be Checking of Leads to determine whether the individual, group, or
members of the audience have the apparent ability or intent to carry out the advocated
unlawful act.

B. Preliminary Inquiries

(1) In cases where the NYPD receives information or an allegation not


warranting a Full Investigation - because there is not yet a “reasonable indication” of
unlawful activity – but whose responsible handling requires some further scrutiny
beyond the prompt and extremely limited checking out of initial leads, the NYPD may
initiate an “inquiry” in response to the allegation or information indicating the
possibility of unlawful activity. The possibility of unlawful activity to initiate a
Preliminary Inquiry requires an allegation or information that is articulable and factual.
However, such allegation or information need not have been verified as true or
accurate. Whether it is appropriate to open a Preliminary Inquiry immediately, or
instead to engage first in a limited Checking of Leads, depends on the circumstances
presented.

(2) The authority to conduct inquiries short of a Full Investigation allows


the NYPD to respond in a measured way to ambiguous or incomplete information, with
as little intrusion as the needs of the situation permit. This is especially important in
such areas as where there is no complainant involved or when an allegation or
information is received from a source of unknown reliability. Such inquiries are subject
to the limitations on duration under paragraph (4) below and are carried out to obtain
the information necessary to make an informed judgment as to whether a Full
Investigation is warranted.

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ADDITIONAL Example: Officers are not required to possess information relating to an


DATA Individual’s intended unlawful use of dangerous biological agents or toxins prior to
(continued) initiating investigative activity. If an individual or group has attempted to obtain such
materials, or has indicated a desire to acquire them, and the reason is not apparent,
investigative action, such as conducting a Checking of Leads or initiating a Preliminary
Inquiry, may be appropriate to determine whether there is a legitimate purpose for the
possession of the materials by the individual or group. A Preliminary Inquiry is not a
required step when facts or circumstances reasonably indicating unlawful activity are
already available. In such cases, a Full Investigation can be immediately opened.

(3) A Preliminary Inquiry may be authorized by the Chief of Intelligence or


Executive Officer of the Intelligence Bureau, or the Commanding Officer of the Criminal
Intelligence Section (“the Authorizing Officials”). The Authorizing Official must assure
that the allegation or other information which warranted the inquiry has been recorded
in writing. Upon such authorization a notification must be made for final approval by
the Deputy Commissioner of Intelligence.

(4) Inquiries shall be completed within 180 days after initiation of the first
investigative step. The date of the first investigative step is not necessarily the same date
as the date on which the first incoming information or allegation was received. An
extension of time in an inquiry for succeeding 90 day periods may be granted by the
Deputy Commissioner of Intelligence. Any such request for extension shall be in writing
and shall include a statement of the reasons why further investigative steps are
warranted when there is no reasonable indication of unlawful activity. The action taken
on any such request for extension shall also be recorded in writing.

(5) A Preliminary Inquiry shall be subject to a review every 6 months by the


Chief of Intelligence, or an appropriate executive of the Intelligence Bureau designated
by him, to discuss the status of the Preliminary Inquiry, including, what operational
steps should be taken.

(6) A Preliminary Inquiry shall be presumptively limited to a total duration


of 18 months. This presumptive period of duration may be exceeded in the sole
discretion of the Deputy Commissioner of Intelligence, in consultation with the
Handschu Committee, where the allegations or information continue to indicate the
possibility of unlawful activity and either that some further leads should be lawfully
investigated or that there is a legitimate law enforcement purpose to be pursued further.
When the presumptive period of duration is exceeded all other provisions regarding a
Preliminary Inquiry continue to apply.

(7) All lawful investigative techniques, including the use of undercover


operations and the development of sources and informants may be used in a Preliminary
Inquiry except:
(a) Mail openings; and,
(b) Eavesdropping and Video Surveillance as those terms are
defined in Article 700 of the New York State Criminal Procedure
Law.

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ADDITIONAL (8) The following investigative techniques may be used in a Preliminary


DATA Inquiry without any prior authorization from a supervisor:
(continued) (a) Examination of NYPD indices and files;
(b) Examination of records available to the public and other public
sources of information;
(c) Examination of available federal, state and local government
records;
(d) Interview of complainant, previously established informants,
and other sources of information;
(e) Interview of the potential subject;
(f) Interview of persons who should readily be able to corroborate
or deny the truth of the allegation, except this does not include
pretext interviews or interviews of a potential subject’s
employer or coworkers unless the interviewee was the
complainant; and
(g) Physical, photographic or video surveillance of any person,
provided that such surveillance does not require a warrant.

The use of any other lawful investigative technique that is permitted in a Preliminary
Inquiry shall meet the requirements and limitations of Part VII and, except in exigent
circumstances, requires prior approval by a supervisor.

(9) Where a Preliminary Inquiry fails to disclose sufficient information to


justify an investigation, the NYPD shall terminate the inquiry and make a record of the
closing.

(10) All requirements regarding inquiries shall apply to reopened inquiries.

C. Full Investigation

A Full Investigation may be initiated when facts or circumstances reasonably


indicate that an unlawful act has been, is being, or will be committed. A Full
Investigation may be conducted to prevent, solve or prosecute such unlawful activity.

(1) The standard of “reasonable indication” is substantially lower than


probable cause. In determining whether there is reasonable indication of an unlawful
act an investigator may take into account any facts or circumstances that a prudent
investigator would consider. However, the standard does require specific facts or
circumstances indicating a past, current, or future violation of law. There must be an
objective, factual basis for initiating the investigation; a mere hunch is insufficient.

(2) Where an unlawful act may be committed in the future, preparation for
that act can be a current violation of the conspiracy or attempt provisions of state law.
The standard for opening an investigation is satisfied where there is not yet a current
substantive or preparatory unlawful act, but facts or circumstances reasonably indicate
that such unlawful conduct will occur in the future.

(3) Any lawful investigative technique may be used in a Full Investigation,


subject to the requirements and limitations of Part VII hereof.

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ADDITIONAL (4) Authorization and Renewal


DATA a. A Full Investigation may be authorized by the Chief of
(continued) Intelligence or Executive Officer of the Intelligence Bureau or the Commanding Officer
of the Criminal Intelligence Section (“the Authorizing Officials”) upon a written
recommendation setting forth the facts or circumstances reasonably indicating that an
unlawful act has been, is being or will be committed. Upon such authorization a
notification must be made for final approval by the Deputy Commissioner of
Intelligence.
b. A Full Investigation may be initially authorized for a period of
up to a year. An investigation may be continued upon renewed authorization for
additional periods each not to exceed a year. Renewal authorization shall be obtained
from the Deputy Commissioner of Intelligence. All requests for renewal authorization,
and action thereon, shall be in writing.
c. Authorizations shall be reviewed by an Authorizing Official
before the expiration of the period for which the investigation and each renewal thereof
is authorized.
d. A Full Investigation shall be subject to a review every 6 months
by the Chief of Intelligence, or an appropriate executive of the Intelligence Bureau
designated by him, to discuss the status of the Full Investigation, including, what
operational steps should be taken.
e. A Full Investigation shall be presumptively limited to a total
duration of 3 years. This presumptive period of duration may be exceeded in the sole
discretion of the Deputy Commissioner of Intelligence, in consultation with the
Handschu Committee, where facts and circumstances continue to reasonably indicate
that an unlawful act has been, is being, or will be committed and either that some further
leads should be lawfully investigated or that there is a legitimate law enforcement
purpose to be pursued further. When the presumptive period of duration is exceeded all
other provisions regarding a Full Investigation continue to apply.

(5) An investigation which has been terminated may be reopened upon a


showing of the same standard and pursuant to the same procedures as required for
initiation of an investigation. All requirements regarding investigations shall apply to
reopened investigations.

D. Terrorism Enterprise Investigation

A Terrorism Enterprise Investigation is a Full Investigation but differs from a


general investigation of unlawful conduct in several important respects. As a general
rule, an investigation of a completed unlawful act is normally confined to determining
who committed that act and securing evidence to establish the elements of the particular
offense. It is, in this respect, self-defining. A Terrorism Enterprise Investigation must
determine the identity and nature of the individual, group, or organization involved, its
geographic dimensions, its past acts and intended goals, including unlawful goals, and
its capacity for harm, among other factors. While a standard investigation of unlawful
conduct terminates with the decision to prosecute or not to prosecute, a Terrorism
Enterprise Investigation does not necessarily end, even though one or more of the
participants may have been prosecuted. In addition, groups and organizations exhibit a
life and continuity of operation not normally found in other types of unlawful activity. As
a consequence, these investigations may continue for several years. Furthermore, the
focus of such investigations may be less precise than that directed against more

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ADDITIONAL conventional types of unlawful conduct. Unlike the usual case involving unlawful
DATA conduct, there may be no completed offense to provide a framework for the
(continued) investigation. A Terrorism Enterprise Investigation often requires the fitting together of
bits and pieces of information, many meaningless by themselves, to determine whether a
pattern of unlawful activity exists. For this reason, such investigations are broader and
less discriminate than usual, involving the interrelation of various sources and types of
information. This section focuses on investigations of enterprises that seek to further
political or social goals through activities that involve force or violence, or that
otherwise aim to engage in terrorism or terrorism-related crimes. It authorizes
investigations to determine the structure and scope of the enterprise as well as the
relationship of the members.

1. General Authority

a. A Terrorism Enterprise Investigation may be initiated when


facts or circumstances reasonably indicate that two or more persons are engaged in an
enterprise for the purpose of:
(i) furthering political or social goals wholly or in part
through activities that involve force, violence or other
unlawful acts;
(ii) engaging in terrorism as defined in N.Y. Penal Law §
490.05, or
(iii) committing any offense described in N.Y. Penal Law §§
490.10, 490.15, 490.20, 490.25, 490.30, or 490.35, or
other related statutes currently in effect or subsequently
enacted.

The standard of “reasonable indication” is identical to that governing Full


Investigations generally. In determining whether an investigation should be conducted,
the NYPD shall consider all of the circumstances including:
(i) the magnitude of the threatened harm;
(ii) the likelihood that it will occur;
(iii) the immediacy of the threat; and
(iv) any danger to privacy or free expression posed by an
investigation.

In practical terms, the “reasonable indication” standard for opening a


Terrorism Enterprise Investigation could be satisfied in a number of ways.

Example: Direct information about statements made in furtherance of an


enterprise’s objectives which show a purpose of committing crimes described in N.Y.
Penal Law §§ 490.10, 490.15, 490.20, 490.25, 490.30, 490.35 or other related statutes
currently in effect or subsequently enacted, would satisfy the threshold.

Example: Activities such as attempting to obtain dangerous biological agents,


toxic chemicals, or nuclear materials, or stockpiling explosives or weapons, with no
discernible lawful purpose, may be sufficient to reasonably indicate that an enterprise
aims to engage in terrorism.

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ADDITIONAL b. While no particular factor or combination of factors is required,


DATA considerations that will generally be relevant to the determination as to whether the
(continued) threshold standard for a Terrorism Enterprise Investigation is satisfied include, as
noted, a group’s statements, its activities, and the nature of potential unlawful acts
suggested by the statements or activities. Thus, where there are grounds for inquiry
concerning a group, it may be helpful to gather information about these matters, and
then to consider whether these factors, either individually or in combination, reasonably
indicate that the group is pursuing terrorist activities or objectives as defined in the
threshold standard. Findings that would weigh in favor of such a conclusion include, for
example, the following:
(1) Threats or advocacy of violence or other covered unlawful acts.
Statements are made in relation to or in furtherance of an enterprise’s political or social
objectives that threaten or advocate the use of force or violence, or statements are made
in furtherance of an enterprise that otherwise threaten or advocate unlawful conduct
within the scope of N.Y. Penal Law §§ 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,
or other related statutes currently in effect or subsequently enacted which may concern
such matters as, for example:
(i) engaging in attacks involving or threatening massive loss of life
or injury, mass destruction, or endangerment of the national
security;
(ii) killing or injuring public officials, or destroying public facilities, or
defying lawful authority;
(iii) killing, injuring or intimidating individuals because of their
status as United States nationals or persons, or because of their
national origin, race, color, religion or sex; or
(iv) depriving individuals of any rights secured by the Constitution
or laws of the United States or the State of New York.
(2) Apparent ability or intent to carry out violence or other covered
activities. The enterprise manifests an apparent ability or intent to carry out violence or
other activities within the scope of N.Y. Penal Law §§ 490.10, 490.15, 490.20, 490.25,
490.30, 490.35 or other related statutes currently in effect or subsequently enacted, for
example:
(i) by acquiring or taking steps towards acquiring, biological
agents or toxins, toxic chemicals or their precursors,
radiological or nuclear materials, explosives or other
destructive or dangerous material (or plans or formulas for
such materials), or weapons, under circumstances where, by
reason of the quantity or character of the items, the lawful
purpose of the acquisition is not apparent;
(ii) by the creation, maintenance, or support of an armed
paramilitary organization;
(iii) by paramilitary training; or
(iv) by other conduct demonstrating an apparent ability or intent to
injure or intimidate individuals, or to interfere with the exercise
of their constitutional or statutory rights.

(3) Potential Unlawful Act. The group’s statements or activities suggest


potential unlawful acts that may be relevant in applying the standard for initiating a

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ADDITIONAL Terrorism Enterprise Investigation - such as crimes under the provisions of the N.Y.
DATA Penal Law that set forth specially defined terrorism or support of terrorism offenses, or
(continued) that relate to such matters as aircraft hijacking or destruction, attacks on transportation,
communications, or energy facilities or systems, biological or chemical weapons,
nuclear or radiological materials, assassinations or other violence against public
officials or facilities, or explosives.
c. Mere speculation that force or violence might occur during the
course of an otherwise peaceable demonstration is not sufficient grounds for initiation of
an investigation under this subpart. But where facts or circumstances reasonably
indicate that an individual or group has engaged or aims to engage in conduct described
in paragraph 1.a. above in a demonstration, an investigation may be initiated in
conformity with the standards of that paragraph. This does not limit the collection of
information about public demonstrations by individuals or groups that are under active
investigation pursuant to paragraph 1.a. above or any other provisions of these
guidelines.

2. Purpose
The immediate purpose of a Terrorism Enterprise Investigation is to obtain
information concerning the nature and structure of the enterprise as specifically
delineated in paragraph (3) below, with a view to the longer range objectives of
detection, prevention, and prosecution of the unlawful activities of the enterprise.

3. Scope
a. A Terrorism Enterprise Investigation initiated under these
guidelines may collect such information as:
(i) the identity and nature of an individual or group and its
members, their associates, and other persons likely to be
acting in furtherance of its unlawful objectives, provided
that the information concerns such persons’ activities on
behalf of or in furtherance of the suspected unlawful
activity of the individual, group, or organization;
(ii) the finances of the individual, group, or organization;
(iii) the geographical dimensions of the individual, group,
or organization; and
(iv) past and future activities and goals of the individual,
group, or organization.
b. In obtaining the foregoing information, any lawful investigative
technique may be used in accordance with the requirements of these guidelines.

4. Authorization and Renewal

a. A Terrorism Enterprise Investigation may be authorized by the


Chief of Intelligence or Executive Officer of the Intelligence Bureau or the Commanding
Officer of the Criminal Intelligence Section (“the Authorizing Officials”), upon a written
recommendation setting forth the facts or circumstances reasonably indicating the
existence of an enterprise as described in paragraph 1.a. above. Upon such
authorization a notification must be made for final approval by the Deputy
Commissioner of Intelligence. When exigent circumstances exist, as described in these
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ADDITIONAL guidelines, a Terrorism Enterprise Investigation may be commenced upon the verbal
DATA authorization of an Authorizing Official. However, in such cases, the required written
(continued) recommendation must be submitted as soon as practicable.

b. A Terrorism Enterprise Investigation may be initially


authorized for a period of up to a year. An investigation may be continued upon renewed
authorization for additional periods each not to exceed a year. Renewal authorization
shall be obtained from the Deputy Commissioner of Intelligence. The request for
renewal and action thereon shall be in writing.

c. Authorizations shall be reviewed by an Authorizing Official


before the expiration of the period for which the investigation and each renewal thereof
is authorized. In some cases, the enterprise may meet the threshold standard but be
temporarily inactive in the sense that it has not engaged in recent acts of violence or
other unlawful activities as described in 1.a., nor is there any immediate threat of harm -
yet the composition, goals and prior history of the group suggest the need for continuing
law enforcement interest. The investigation may be continued in such cases with
whatever scope is warranted in light of these considerations.

d. All Terrorism Enterprise Investigations shall be subject to a


review every 6 months by the Chief of Intelligence, or an appropriate executive of the
Intelligence Bureau designated by him, to discuss the status of the Terrorism Enterprise
Investigation, including, what operational steps should be taken.

e. A Terrorism Enterprise Investigation shall be presumptively


limited to a total duration of 5 years, except where the subject of a Terrorism Enterprise
Investigation is a designated foreign terrorist organization. This presumptive period of
duration may be exceeded in the sole discretion of the Deputy Commissioner of
Intelligence, in consultation with the Handschu Committee, where facts and
circumstances continue to reasonably indicate that two or more persons are engaged in
an enterprise for the purposes stated above and either that some further leads should be
lawfully investigated or that there is a legitimate law enforcement purpose to be pursued
further. When the presumptive period of duration is exceeded all other provisions
regarding a Terrorism Enterprise Investigation continue to apply.

f. An investigation which has been terminated may be reopened


upon a showing of the same standard and pursuant to the same procedures as required
for initiation of an investigation.

VI. HANDSCHU COMMITTEE

(1) There is hereby established a committee (the “Handschu Committee”)


whose members are expected and authorized to attend and participate in monthly
meetings at which investigations are presented for opening, extension or closure by the
Deputy Commissioner for Intelligence. For each monthly meeting, all attending
members will be provided with the investigative statement pertaining to each proposed
opening, extension or closing and any corresponding requests to use or extend the use of
undercover officers or confidential informants. At the monthly meeting, any member of
the Handschu Committee may ask questions and offer opinions regarding the opening,
extension or closure of an investigation presented.

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ADDITIONAL (2) Any member of the Handschu Committee may further inquire into the
DATA status and conduct of any investigation presented at the meeting, including the use of
(continued) undercover operations pursuant to section VII herein, provided however that
information pertaining to the identity of participants in undercover operations, including
confidential informants, shall not be disclosed. A member of the Intelligence Bureau
with detailed knowledge of operational steps taken in each investigation presented shall
be present at the meeting to help address any questions that arise.

(3) Members of the Handschu Committee from the NYPD will include the
Deputy Commissioner of Intelligence, the Chief of Intelligence, the Executive Officer of
the Intelligence Bureau, the Commanding Officer of IOAS (Intelligence Operations and
Analysis Section), the Executive Officer of IOAS, the Commanding Officer (or the
Executive Officer) of the Criminal Intelligence Section, the Assistant Commissioner for
Intelligence Analysis, the Deputy Commissioner of Legal Matters, Assistant Deputy
Commissioner of Legal Matters, Special Counsel for Intelligence Affairs, and/or their
successors or persons who occupy similar positions of authority or expertise.

(4) The Special Counsel for Intelligence Affairs shall lead a quarterly
discussion for the Handschu Committee related to the NYPD’s compliance during that
period in (i) obtaining timely approval in extending or closing investigations, (ii)
obtaining timely approval of human source authorizations, and (iii) conducting reviews
of Preliminary Inquiries, Full Investigations, and Terrorism Enterprise Investigations
every 6 months, as provided in sections V(B)(5), V(C)(4)(d) and V(D)(4)(d) hereof. As
part of this quarterly discussion, any member of the Handschu Committee may raise
concerns regarding any other aspect of compliance with the Handschu Guidelines. The
substance of these quarterly discussions shall be recorded in the minutes of the
Handschu Committee meeting.

(5) There shall also be a Civilian Representative on the Handschu


Committee who shall, unless unable to do so for good cause, attend and participate in
all of the monthly meetings for opening, extension, or closure of investigations and in all
of the quarterly discussions led by the Special Counsel for Intelligence Affairs on the
same terms and conditions as set forth in paragraphs (1), (2) and (4) above. The
Civilian Representative shall be a lawyer who has never previously been an employee of
the NYPD. The Civilian Representative shall be appointed by the Mayor upon
consultation with the Police Commissioner. The Civilian Representative may be
replaced by the Mayor for good cause, with 14 days’ advance notice to Class Counsel
prior to such replacement. In the event that the Civilian Representative resigns, the
Mayor in consultation with the Police Commissioner will appoint a replacement. The
position of Civilian Representative will exist for a minimum of five years from the
appointment of the first person to fill that role. After that initial five year period, the
position of Civilian Representative will continue unless the Mayor applies to the Court
for an amendment to the Revised Handschu Guidelines abolishing the position, upon 30
days’ advance notice to Class Counsel prior to such application. The amendment to the
Revised Handschu Guidelines abolishing the position shall be granted by the Court if
the Court finds there have not been systematic and repeated violations of the Guidelines
to a degree sufficient to show an NYPD policy to act in such a fashion for a period of
three years immediately prior to the application, as shown in the reports submitted to
the Court by the Civilian Representative.

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ADDITIONAL (a) The Civilian Representative shall submit to a background


DATA investigation conducted by the Department of Investigation.
(continued)
(b) The NYPD will facilitate an application for a federal security
clearance for the Civilian Representative.

(c) The Civilian Representative shall execute a Non-Disclosure


Agreement with the NYPD setting forth his or her undertaking
that the proceedings of the Handschu Committee, as well as all
materials reviewed by the Civilian Representative for or at the
meetings of the Committee, shall be kept confidential and shall
not be disclosed to any person except as set forth therein.

(d) The Civilian Representative shall be required to familiarize


himself or herself with the Revised Handschu Guidelines
governing the investigation of political activity by the NYPD.

(e) If the Civilian Representative concludes that an investigation is


being opened, extended, or conducted in violation of the Revised
Handschu Guidelines, or that the NYPD is otherwise violating
the Revised Handschu Guidelines, the Civilian Representative
shall record his or her concerns regarding the purported
violation and/or his or her objection to the investigation and the
grounds for the objection in the minutes of the Handschu
Committee meeting.

(f) If the Civilian Representative concludes that an investigation is


being opened, extended, or conducted in violation of the Revised
Handschu Guidelines, the Civilian Representative shall bring
such investigation to the attention of the Police Commissioner.
The Civilian Representative shall be provided with means to
present his or her conclusion to the Police Commissioner
directly (hereafter, “a VI(5)(f) communication”). The Police
Commissioner shall inquire into the investigation and report the
findings of the inquiry to the Civilian Representative within
seven (7) days after receipt of the VI(5)(f) communication.

(g) If the Civilian Representative has concerns about the NYPD’s


compliance with the Revised Handschu Guidelines, and the
Police Commissioner has not provided a timely response to the
Civilian Representative’s VI(5)(f) communication regarding
such concerns, or the Civilian Representative is not satisfied
with the Police Commissioner’s response, the Civilian
Representative may communicate those concerns to the Judge
assigned to the Handschu case in the Southern District of New
York at any time. In the event the Civilian Representative
decides to communicate such concerns to the Court, a copy of
the communication shall first be served confidentially upon the
Police Commissioner, the Deputy Commissioner of Intelligence,
and the Deputy Commissioner of Legal Matters seven (7) days

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ADDITIONAL prior to its submission to the Court. The Civilian Representative


DATA shall retain final authority over and responsibility for the
(continued) content of the communication. Submission to the Court shall be
effectuated in compliance with Section VI(5)(k) below.

(h) After complying with provision VI(5)(f) hereof, if the Civilian


Representative concludes at any time that the NYPD is
systematically and repeatedly violating the Revised Handschu
Guidelines to a degree sufficient to show a NYPD policy to act
in such a fashion, the Civilian Representative shall report the
alleged systematic violation to the Judge assigned to the
Handschu case in the Southern District of New York. In the
event the Civilian Representative decides to communicate such
concerns to the Court, a copy of the communication shall first
be served confidentially upon the Police Commissioner, the
Deputy Commissioner of Intelligence, and the Deputy
Commissioner of Legal Matters seven (7) days prior to its
submission to the Court, provided that the Civilian
Representative shall retain final authority over and
responsibility for the content of the communication. Submission
to the Court shall be effectuated in compliance with Section
VI(5)(k) below.

(i) In addition, the Civilian Representative shall file an annual


report with the Court related to his or her actions and
observations as a member of the Handschu Committee. The
annual report will (A) indicate whether the Civilian
Representative has objected to any investigations over that
period and the basis for that objection; (B) state whether the
NYPD has (i) substantially obtained timely approval for
extending and closing investigations, (ii) substantially obtained
timely approval for the use of human sources, and (iii)
substantially fulfilled its obligation to review Preliminary
Inquiries, Full Investigations, and Terrorism Enterprise
Investigations every 6 months, as provided in sections V(B)(5),
V(C)(4)(d) and V(D)(4)(d) hereof; and (C) address any
communication during the annual period by the Civilian
Representative to the Court under VI(5)(g) or (h). Prior to
submission of the annual report to the Court, the Civilian
Representative shall first serve copies confidentially to the
Police Commissioner, Deputy Commissioner of Intelligence,
and Deputy Commissioner of Legal Matters 21 days prior to
submission to the Court, provided that the Civilian
Representative shall retain final authority over and
responsibility for the content of the report.

(j) The report and communications permitted under VI(5)(g), (h)


and (i) will not include the number of investigations reviewed
over the term, information deemed classified by the federal
government, information obtained from other law enforcement

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ADDITIONAL or government agencies, information that reveals the identity of


DATA an individual or organization, information subject to the law
(continued) enforcement privilege or other applicable privileges, or
information that is otherwise protected by state or federal law.

(k) At the time that the Civilian Representative submits a


communication or report to the Court pursuant to VI(5)(g), (h)
or (i), notice of the Court’s receipt of a communication or
report from the Civilian Representative shall be entered on the
Court’s docket. The content of the communication or report to
the Court shall, in the first instance, be maintained by the Court
confidentially and under seal. The NYPD shall have 21 days
from the filing of the communication or report to notify the
Court (i) whether it contains privileged information or
information that is prohibited from disclosure as set forth in
VI(5)(j); (ii) if it believes such information can be protected
through redaction of the document; or (iii) if it asserts the need
to maintain the entire document confidentially and under seal.
The Court shall adjudicate the propriety and scope of any such
invocation. If the NYPD does not assert any such concerns
about the information contained in the document, or if the Court
determines that the document should be made public without
redactions despite such objections by the NYPD, a copy of the
report or communication shall be filed in the public docket and
served on class counsel. If the Court determines that redactions
can cure the need for the sealing of the entire document, a copy
of the report or communication with the redactions shall be
filed in the public docket and served on Class Counsel while the
original submission by the Civilian Representative shall be
maintained under seal. If the Court determines that the
communication or report contains privileged information or
information that is prohibited from disclosure as set forth in
VI(5)(j) and that redaction cannot cure the need for the sealing
of the entire document, the communication or report shall be
maintained under seal and there shall be an entry on the
Court’s docket that the communication or report is being
maintained under seal.

(6) Nothing herein shall effect, limit, or diminish the authorization and
approval provisions for investigations, which grant exclusive approval authority to the
Authorizing Officials or the Deputy Commissioner of Intelligence.

VII. INVESTIGATIVE TECHNIQUES

(1) When conducting investigations under these guidelines, the NYPD may
use any lawful investigative technique permitted by these guidelines. The choice of
investigative techniques is a matter of judgment, which should take account of:
(i) the objectives of the investigation and available investigative
resources;

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ADDITIONAL (ii) the intrusiveness of a technique, considering such factors as the


DATA effect on the privacy of individuals and potential damage to
(continued) reputation;
(iii) the potential effect on the political or religious activity of
individuals, groups or organizations and the potential effect on
persons who, although not a target of the investigation are
affected by or subject to the technique;
(iv) the seriousness of the unlawful act; and
(v) the strength of the information indicating its existence or future
commission of the unlawful act.

(2) Where the conduct of an investigation presents a choice between the use
of more or less intrusive methods, the NYPD should consider whether the information
could be obtained in a timely and effective way by the less intrusive means. The NYPD
should not hesitate to use any lawful techniques consistent with these guidelines in an
investigation, even if intrusive, where the intrusiveness is warranted in light of the
seriousness of the crime or the strength of the information indicating its existence or
future commission. This point is to be particularly observed in investigations relating to
terrorist activities.

(3) Authorized methods in investigations include, among others, use of


confidential informants, undercover activities and operations, eavesdropping and video
surveillance (as defined in Article 700 of the NY Criminal Procedure Law), pen registers
and trap and trace devices, consensual electronic monitoring, and searches and
seizures.

a. Undercover Operations
(i) Undercover operations, including confidential
informants, may be used when taking into account all
the circumstances of the investigation, including the
need for the information and the seriousness of the
threat, it has been determined that the information
sought in the investigation could not be reasonably
obtained in a timely and effective way by a less
intrusive means. The use of undercovers and
confidential informants must be authorized by the
Deputy Commissioner of the Intelligence Bureau prior
to commencement of the undercover operation. The
request to use undercovers or confidential informants
and action taken on the request must be in writing and
must include a description of the facts on which the
investigation is based and the role of the undercover.
(ii) The use of an undercover or confidential informant will
be approved for a period of 90 days and may be
extended for additional periods of 90 days with the
approval of the Deputy Commissioner of the
Intelligence Bureau. Such extensions may be approved
for as long as the investigation continues when it has
been determined that the information sought in the
investigation could not reasonably be obtained in a

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ADDITIONAL timely and effective manner by less intrusive means. The


DATA request to extend the use of undercovers and action
(continued) taken on the request must be in writing and must
include the reason for the extension.
(iii) Undercovers are strictly prohibited from engaging in
any conduct the sole purpose of which is to disrupt the
lawful exercise of political activity, from instigating
unlawful acts or engaging in unlawful or unauthorized
investigative activities.
b. Eavesdropping and Video Surveillance (as defined in Article
700 of the NY Criminal Procedure Law), Pen Registers and Trap and Trace Devices,
and Consensual Electronic Monitoring
(i) All requirements for the use of such methods under the
Constitution, applicable statutes, and NYPD
regulations or policies must be observed.
(4) Whenever an individual is known to be represented by counsel in a
particular matter, the NYPD shall follow applicable law and Department procedure
concerning contact with represented individuals in the absence of prior notice to their
counsel.
VIII. DISSEMINATION AND MAINTENANCE OF INFORMATION
A. Dissemination
The NYPD may disseminate information obtained during the Checking of Leads,
Preliminary Inquiries and investigations conducted pursuant to these guidelines to
federal, state or local law enforcement agencies, or local criminal justice agencies when
such information:
(i) falls within the investigative or protective jurisdiction or
litigative responsibility of the agency;
(ii) may assist in preventing an unlawful act or the use of violence
or any other conduct dangerous to human life;
(iii) is required to be disseminated by interagency agreement,
statute, or other law.
B. Maintenance
All documentation required under these Guidelines shall be maintained by the
Intelligence Bureau in accordance with general police department practice and
applicable municipal record retention and destruction rules, regulations and
procedures. Under these rules and practices documents are retained for no less than five
years.

IX. COUNTERTERRORISM ACTIVITIES AND OTHER AUTHORIZATIONS

In order to carry out its mission of preventing the commission of terrorist acts in
or affecting the City of New York and the United States and its people, the NYPD must
proactively draw on available sources of information to identify terrorist threats and
activities. It cannot be content to wait for leads to come in through the actions of others,
but rather must be vigilant in detecting terrorist activities to the full extent permitted by
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ADDITIONAL law, with an eye towards early intervention and prevention of acts of terrorism before
DATA they occur. This Part accordingly identifies a number of authorized activities which
(continued) further this end, and which can be carried out even in the absence of a checking of
leads, Preliminary Inquiry, or Full Investigation as described in these guidelines. The
authorizations include both activities that are specifically focused on terrorism and
activities that are useful for law enforcement purposes in both terrorism and non-
terrorism contexts. The authorized law enforcement activities of the NYPD include
carrying out and retaining information resulting from the following activities.

A. COUNTERTERRORISM ACTIVITIES

1. Information Systems

The NYPD is authorized to operate and participate in identification, tracking,


and information systems for the purpose of identifying and locating potential terrorists
and supporters of terrorist activity, assessing and responding to terrorist risks and
threats, or otherwise detecting, prosecuting, or preventing terrorist activities. Systems
within the scope of this paragraph may draw on and retain pertinent information from
any source permitted by law, including information derived from past or ongoing
investigative activities; other information collected or provided by governmental
entities, such as foreign intelligence information and lookout list information; publicly
available information, whether obtained directly or through services or resources
(whether nonprofit or commercial) that compile or analyze such information; and
information voluntarily provided by private entities. Any such system operated by the
NYPD shall be reviewed periodically for compliance with all applicable statutory
provisions and Department regulations and policies.

2. Visiting Public Places and Events

For the purpose of detecting or preventing terrorist activities, the NYPD is


authorized to visit any place and attend any event that is open to the public, on the same
terms and conditions as members of the public generally. No information obtained from
such visits shall be retained unless it relates to potential unlawful or terrorist activity.

B. OTHER AUTHORIZATIONS

1. General Topical Research

The NYPD is authorized to carry out general topical research, including


conducting online searches and accessing online sites and forums as part of such
research on the same terms and conditions as members of the public generally.
“General topical research” under this paragraph means research concerning subject
areas that are relevant for the purpose of facilitating or supporting the discharge of
investigative responsibilities. It does not include online searches for information by
individuals’ names or other individual identifiers, except where such searches are
incidental to topical research, such as searching to locate writings on a topic by
searching under the names of authors who write on the topic, or searching by the name
of a party to a case in conducting legal research.

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ADDITIONAL 2. Use of Online Resources Generally


DATA
(continued) For the purpose of developing intelligence information to detect or prevent
terrorism or other unlawful activities, the NYPD is authorized to conduct online search
activity and to access online sites and forums on the same terms and conditions as
members of the public generally.

3. Reports and Assessments

The NYPD is authorized to prepare general reports and assessments concerning


terrorism or other unlawful activities for purposes of strategic or operational planning
or in support of other legitimate law enforcement activities.

X. PROTECTION OF PRIVACY AND OTHER LIMITATIONS

A. General Limitations

The law enforcement activities authorized by this Part do not include


maintaining files on individuals solely for the purpose of monitoring activities protected
by the First Amendment or the lawful exercise of any other rights secured by the
Constitution or laws of the United States. Rather, all such law enforcement activities
must have a valid law enforcement purpose and must be carried out in conformity with
all applicable statutes and Department regulations and policies.

B. Construction of Part

This Part does not limit any activities authorized by or carried out under other
Parts of these guidelines. The specification of authorized law enforcement activities
under this Part is not exhaustive, and does not limit other authorized law enforcement
activities of the NYPD.

XI. RESERVATION

Nothing in these guidelines shall limit the general reviews or audits of papers,
files, contracts, or other records in the possession of the NYPD or City of New York, or
the performance of similar services at the specific request of another government
agency. Such reviews, audits, or similar services must be for the purpose of detecting or
preventing violations of law which are within the investigative responsibility of the
NYPD.

Nothing in these guidelines is intended to limit the NYPD's responsibilities to


investigate certain applicants and employees, or to pursue efforts to satisfy any other of
its legal rights, privileges, or obligations. These guidelines are set forth solely for the
purpose of internal NYPD guidance. They are not intended to, do not, and may not be
relied upon to create any rights, substantive or procedural; enforceable at law by any
party in any matter, civil or criminal, nor do they place any limitation on otherwise
lawful investigative and litigative prerogatives of the NYPD or City of New York.

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RELATED Citywide Intelligence Reporting System (P.G 212-12)


PROCEDURES Communications Between the Intelligence Bureau and Units in the Field Regarding
Suspected Terrorist Activity (P.G. 212-110)
Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at
Demonstrations (P.G. 212-71)

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PATROL GUIDE
Section: Command Operations Procedure No: 212-73

BICYCLE REGISTRATION PROGRAM


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
11/18/16 11/18/16 1 of 3

PURPOSE To enroll bicycles in the Bicycle Registration Program which has been
established in each patrol precinct.

SCOPE A precinct crime prevention officer or counterpart is responsible for coordinating


the Department’s Bicycle Registration Program. Bicycle owners, both private
and commercial (messenger services, etc.), are encouraged to enroll in the
registration program. In addition, all New York City Police Department bicycles
will be enrolled in this program.

PROCEDURE Whenever a member of the service registers a bicycle:

MEMBER OF 1. Mark with engraving tools.


THE SERVICE a. Use a three digit number indicating precinct designation followed
CONCERNED by a four digit number, in numerical sequence of enrollment (e.g.,
103-0001).
b. Place registration number on underside of frame, or other main
component.
2. Establish a Bicycle Registration Log, utilizing a Department record book,
or computerized data base with the following information:
REGISTRA- DATE OWNER’S ADDRESS APART- TELEPHONE
TION NAME MENT NUMBER
NUMBER NUMBER
MAKE MODEL MANUFAC- COLOR REMARKS
TURER’S
SERIAL NO.
(if any)

AT TIME OF REGISTRATION
MEMBER OF 3. Inform owner to notify the precinct of registration when bicycle is sold,
THE SERVICE transferred or discarded.
CONCERNED 4. Enter this fact in “remarks” column of the log.

SALE OR TRANSFER OF A REGISTERED BICYCLE TO A NEW OWNER


MEMBER OF 5. Engrave the letter “A”, after the previously issued registration, if bicycle
THE SERVICE is being registered in the same precinct, OR
CONCERNED 6. Etch out old registration number and engrave new number, if being
registered in other than original precinct of registration.

NOTE In either instance, the crime prevention officer, counterpart will cross-reference the old
registration number in the “remarks” column when making required entries in the log.

7. Prepare COMPLAINT REPORT (PD313-152) for lost or stolen bicycle.


a. Determine whether bicycle was previously registered in Bicycle
Registration Program.
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IF REGISTERED LOST/STOLEN BICYCLE IS INVOLVED

MEMBER OF 8. Comply with the following:


THE SERVICE a. Contact the desk officer, precinct of registration, to obtain the
CONCERNED registration serial number and verify the description.
b. Enter the complete Bicycle Registration Number in the “Details”
section of the COMPLAINT REPORT.
c. Ensure COMPLAINT REPORT indicates duplicate copy to the
Stolen Property Inquiry Section (S.P.I.S.) so that an alarm can be
transmitted for the lost/stolen registered bicycle.
d. Notify desk officer, precinct of registration, to make an entry in
the “Remarks” section of the Bicycle Registration Log or
computerized database, indicating the loss/theft of the bicycle and
the precinct COMPLAINT REPORT number.

UPON RECOVERY OF REGISTERED BICYCLE

MEMBER OF 9. Do the following:


THE SERVICE a. Make an “article inquiry” via FINEST by using the NYSPIN
CONCERNED Information Function, as follows:
(1) Enter I before AINQ
(2) Enter BICYCL after Type____
(3) Enter MAKE OF BICYCLE after Brand____
(4) Enter SERIAL NUMBER after SER____.
b. Ensure duplicate copy of Omniform Complaint Revision is
forwarded to Stolen Property Inquiry Section, if alarm was transmitted
for the recovered bicycle.
c. Determine owner of recovered bicycle from precinct where
bicycle was registered.
d. Have owner notified.
e. Notify desk officer, precinct of registration, to make entry in
“Remarks” section of the Bicycle Registration Log, indicating
precinct voucher number.

REMOVAL OF DERELICT BICYCLE


MEMBER OF 10. Maintain a Derelict Bicycle Removal Log, utilizing a separate section of
THE SERVICE the Department record book containing the Bicycle Registration Log or
CONCERNED computerized database with the following information:
LOCATION COMMAND BICYCLE DATE DATE
SERIAL # DESCRIPTION NOTICE REMOVED
AFFIXED
REMOVED BY REMARKS

11. Record details of derelict bicycle removal in Log when notified by New
York City Department of Sanitation (DSNY).
a. Inform appropriate members of command of bicycle removal.
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MEMBER OF 12. Check Log when receiving complaint of stolen bicycle to ensure bicycle
THE SERVICE was not removed and disposed of by DSNY.
CONCERNED
(continued)

ADDITIONAL Once DSNY makes the determination that a bicycle is derelict, a notice shall be affixed
DATA to the bicycle advising the owner that such bicycle must be removed within seven days
from the date of the notice. This notice shall also state that the failure to remove such
bicycle within the designated time period will result in the removal and disposal of the
derelict bicycle by the DSNY. Once the derelict bicycle has been removed, DSNY will
notify the precinct concerned of the removal.

DSNY is not authorized to remove for disposal from public property any “ghost bike” (i.e.,
a bicycle that has been placed on public property and apparently intended as a memorial
for someone who is deceased) or bicycles that do not meet the derelict bicycle criteria. A
bicycle is considered derelict when it meets two of the following four criteria:
1. Appears to be crushed or not usable;
2. Missing parts essential to its operation, other than the seat and front wheel,
including, but not limited to handlebars, pedal or pedals, rear wheel or chain;
3. Handlebars or pedals are damaged, or the existing forks, frames or rims are bent;
4. Fifty percent or more of the bicycle, which includes the handlebars, pedals and
frames are rusted, along with any chain affixing such bicycle to public property.
Additionally, nothing in this rule shall be interpreted to preclude the immediate removal of any
bicycle, including, but not limited to, a derelict bicycle or ghost bike, or the taking of any other
action by any City agency, if the presence of such bicycle creates a dangerous condition by
restricting vehicular or pedestrian traffic or is otherwise in violation of the law.

ALL Police Department issued bicycles must be enrolled in this program. The bicycles
will be engraved with the prefix NYPD followed by the three digit precinct designation and
four digit precinct sequential number (e.g., NYPD 103-0001, indicates first bicycle
registered in the 103rd Precinct is a Department issued bicycle assigned to the 103rd
Precinct). Bicycles assigned to non-precinct units will be engraved with the prefix NYPD
and their three digit command code followed by the registering precincts four digit
sequential number.

Commanding officers of all Housing Bureau patrol service areas equipped with bicycles,
and other non-patrol service area units, shall establish Bicycle Registration Programs,
internally, for all Department owned bicycles. Housing Bureau bicycles will have “HB”
and registry number engraved on the bottom of the bicycle.

Precinct commanding officers shall conduct bicycle registration drives during the months
of May and September, each year. Uniformed members of the service assigned to bicycle
patrol duties, auxiliary police and police explorers, may be utilized to assist in the Bicycle
Registration Program drives. The precinct crime prevention officer/counterpart shall
register bicycles upon request on a year-round basis. In addition, the precinct crime
prevention officer/counterpart will ensure that the Bicycle Registration Log (Department
record book or computerized database) is available to the desk officer at all times.

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS Omniform Complaint Revision
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PATROL GUIDE
Section: Command Operations Procedure No: 212-74

COMMUNITY NOTIFICATION PROTOCOL


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/21/16 01/21/16 1 of 2

PURPOSE To inform community leaders and organizations in the event of an incident of an


unusual, newsworthy, or sensitive nature that has the potential for community concern
and/or unrest.

SCOPE Precinct/police service area/district commanding officers are responsible for keeping
community organizations and leaders informed of local conditions and occurrences.
The commanding officer or designee will be required to notify community leaders of
an event as described above, and the police reaction to the event. Said community
leaders should include, but not be limited to, local elected officials, community board
chairpersons, district managers, precinct community council board members, civic
leaders, members of the clergy, superintendents and principals of local schools or
school districts, local business leaders or merchant groups, tenant groups, block
association leaders, City or State agencies headquartered within the precinct
boundaries, etc. The primary responsibility for notifying the community leaders rests
with the precinct/police service area/district commanding officer concerned. Although
certain incidents may require the involvement of the borough/bureau command, this
will not relieve the precinct/police service area/district commander from keeping local
community leaders informed.

PROCEDURE To create a list of community leaders to be notified in the event of an incident of an


unusual, newsworthy, or sensitive nature that has the potential for community concern
and/or unrest and to perform said notifications, if necessary.

COMMANDING 1. Direct the preparation of a roster of community leaders and organizations


OFFICER to be notified in conjunction with this procedure.
a. Roster should include the following captions:
(1) Name
(2) Organization
(3) Contact person (if other than “[1]” above)
(4) Telephone number (office/home)
(5) Pager/beeper/cell phone number
(6) Address
NOTE Copies of the community notification roster should be maintained at the desk and the community
affairs office, for immediate access. In addition, the commanding officer must have a copy at all
times. Copies of the rosters should be forwarded to the borough concerned and the Operations
Unit, as well as to the Office of the Chief, Community Affairs, through channels.

IN THE EVENT THAT COMMUNITY NOTIFICATIONS ARE REQUIRED

MEMBER OF 2. Notify community leaders/organizations concerned of event and pertinent


THE SERVICE background information, as directed by the commanding officer/duty
captain.

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NOTE Not all community leaders or organizations need to be notified in all situations. The nature
of the event will dictate who is to be notified. In addition, commanding officers concerned
will determine the method of notification, e.g., telephone call, page, fax, face-to-face
notification, etc., as well as which member of the service will make the notifications.
Information that is considered to be confidential will not be divulged.

MEMBER OF 3. Document time of notification on the community notification roster.


THE SERVICE a. Utilize the roster prepared as per step 1, above, to document
(continued) notifications. In addition, note the time notified and the member
of the service making the notification on the roster concerned.

ADDITIONAL Command and borough executives should share information regarding the operation of the
DATA precinct/police service area/district. The assignment of new commanding officers,
supervisors, and police officers should be publicized to local community leaders.

Commanding officers should encourage community leaders and organizations to share


information, such as unscheduled events and demonstrations that are unusual, newsworthy
or sensitive in nature, that have the potential for community concern/unrest, and incidents
which have occurred in the past without prior knowledge of the local command.
The use of e-mail newsletters, discussion lists, and the Department’s web site is encouraged. Their
use should also be explored for the dissemination of information and non-emergency
notifications to community members. THIS SHOULD NOT TAKE THE PLACE OF
PERSONAL CONTACT IN MORE SERIOUS MATTERS.
Commanding officers will ensure that information contained on the community
notification roster is updated as needed and updated information is forwarded to the
borough concerned, the Operations Unit and the Office of the Chief, Community Affairs.

It is important to maintain regular contact with community leaders regardless of the


occurrence of a major event. In the absence of major events, opportunities should be
created to interact with community leaders. Non-Department related incidents or minor
police incidents can present excellent opportunities to create such interactions and
maintain a dialogue with the community.

Community council presidents may be requested to respond to incidents at the discretion


of the incident commander/ranking officer if their presence is deemed appropriate for
possible assistance.
Uniformed members of the service in the ranks of captain and above will be cognizant of
the provisions of the Clergy Liaison Guidelines and Community Council Guidelines.

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Section: Command Operations Procedure No: 212-76

INFORMATION CONCERNING
OFFICIAL BUSINESS OF DEPARTMENT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/04/19 01/04/19 1 of 3

PURPOSE To facilitate the proper release of information concerning official Department business.

PROCEDURE Upon receiving request for information about Department business:


1. Treat official business of the Department as confidential.
2. Understand clearly the right of the public to be informed on matters of
public interest.
3. Exercise discretion when divulging authorized information.
4. Release information to a properly identified representative of:

AGENCY INFORMATION CONCERNING

Department of Citywide  Official business of that agency


Administrative Services

U.S. Civil Service Commission  Applicant for a federal position

New York State Department of  Persons arrested


Corrections and Community
Supervision (DOCCS) (request
from the area director)

State Liquor Authority  Persons arrested or summonsed who are


applicants for or holders of state liquor
licenses.
 Persons arrested or summonsed in
premises licensed by the State Liquor
Authority or in the vicinity of the
premises when the cause of the arrest or
summons originated there.
 Premises licensed, or for which an
application has been made under the
Alcoholic Beverage Control Law.

Waterfront Commission of  Person licensed or registered by


New York Harbor Commission

Crime Victims Compensation  Official business of that agency


Board

N.Y.C. Department or agency  An employee of that department or agency


only if the City is not likely to become a
party to an action arising out of the
incident. In such cases, the investigator will
be referred to the Corporation Counsel.
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NOTE When information is given to other than a representative of the press, an entry
identifying the person and the subject will be made in the Command Log. A text
reference to the entry will be made in the margin of the record concerned.

ADDITIONAL Requests from government agencies, private organizations, institutions of higher


DATA education, etc., for statistics, surveys, samples and other types of information concerning
the Department will be forwarded to the Office of Management Analysis and Planning
for preparation of a Department response.

ROUTINE INQUIRIES:

Many requests, particularly those coming to Patrol Services Bureau commands, are of a
routine nature. Local commanders are expected to respond to such requests as directed by
this procedure, ensuring that responses are accurate and in accord with Department policy.

UNUSUAL OR TIME CONSUMING REQUESTS:

Some requests involve surveys or samples and may be time consuming; others may be
related to business of the entire Department or involve broad policy questions. Local
commanders should not ordinarily undertake data gathering research to answer a
request from outside the Department when it will impair their ability to perform their
primary function. Time consuming requests, those involving the business of the entire
Department and those which raise policy questions, should be forwarded to the Office of
Management Analysis and Planning for preparation of an appropriate response. Office
of Management Analysis and Planning will confer with Deputy Commissioner - Public
Information on matters regarding Department policy on release of information.

Where additional guidance is deemed necessary to classify a particular request as routine or


unusual, a commanding officer may contact the Office of Management Analysis and Planning.

A member of the service, active or retired, may obtain information relative to his/her medical
record upon written request to the Commanding Officer, Medical Division. No fee will be
charged for such information. A person or organization outside the Department may obtain
such information, for a fee of $5.00, if the request is made in writing and is accompanied by a
notarized authorization from the member concerned or in the event of his death, from the next
of kin or representative of his estate. Requests for such information from other governmental
agencies do not require notarized authorization or fee. Requests for payroll records will be
directed to Director, Payroll Section for processing in a similar manner.

When advised that an audit of records, procedures or operations of a command is to be


conducted by any city, state or federal agency, the desk officer/supervisory head
concerned will notify the Office of Management Analysis and Planning, furnishing the
time, date, subject of the audit, the identity of personnel who will conduct the audit and
the agency to which assigned. Auditors must possess identification cards issued by the
auditing agency and/or a letter of introduction from the Commanding Officer, Office of
Management Analysis and Planning. All members of the service will cooperate with
properly identified auditors; questions concerning identity of auditing personnel will be
directed to the Office of Management Analysis and Planning; those concerning
confidentiality of records/information requested will be directed to the Legal Bureau.

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ADDITIONAL When a request for sensitive information regarding the policies of the Department is received from
DATA an elected official or candidate for elective office or a member of their staffs, the requestor will be
(continued) instructed to submit the request in writing to the Police Commissioner. The Police Commissioner’s
Office shall forward such request to the appropriate command for further attention.

Inquiries of a routine nature including publicly released crime statistics, constituent


problems or complaints may be handled by the command concerned.

OFFERS OF GRANTS, EQUIPMENT OR OTHER FUNDING BY ELECTED


OFFICIALS, OTHER GOVERNMENT AGENCIES OR PRIVATE ENTITIES:

Members of the service may not accept offers of grants, equipment or other funding from
elected officials or their staffs, other government agencies or private entities. A member
of the service approached with the offer of such funding or solicited for suggestions
regarding how such funding could be utilized by the Department shall direct the
individual or entity offering such funding to make a written proposal to the Police
Commissioner.

RELATED Release of Information To News Media (P.G. 212-77)


PROCEDURES Incidents Involving Media Representatives (P.G. 212-49)
Grant Applications, Accountability, Responsibility and Reporting Procedures (A.G. 320-38)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-77

RELEASE OF INFORMATION TO NEWS MEDIA


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/01/18 10/01/18 1 of 3

PURPOSE To facilitate the accurate, timely and proper dissemination of information to the
public through the news media.

SCOPE It is the policy of this Department to keep the community informed on matters of
public interest. Most media inquiries are directed to the Office of the Deputy
Commissioner, Public Information. However, at the scene of a breaking news
story, the media may request information from members of the service present at
the scene. Information, assistance or access should be rendered to whatever
extent possible, in accordance with the following procedure, when it does not:
a. Pose an undue risk to the personal safety of members of the service,
media representatives, or others
b. Interfere with police operations
c. Adversely affect the rights of an accused or the investigation or
prosecution of a crime.

Because it is not uncommon for local investigations, arrests, operations, etc., to


overlap into other agencies, bureaus or jurisdictions it is essential that ALL
media requests be channeled through the Office of the Deputy Commissioner,
Public Information.

NOTE Access to incident scenes does not extend to interior crime scenes or areas frozen for
security reasons.

PROCEDURE Upon receiving a request for information from representatives of the media at a
breaking news story:

HIGHEST 1. Confer with the Office of the Deputy Commissioner, Public Information,
RANKING regarding the information to be released, prior to addressing the media.
UNIFORMED 2. Briefly describe the incident (i.e., how police were called to the scene,
MEMBER OF type of job, location of occurrence, number of aided persons, etc.).
THE SERVICE 3. Do not release the following:
a. Identity of a juvenile under 17 years of age taken into custody,
unless juvenile is a juvenile offender or adolescent offender.

NOTE Once a juvenile offender or adolescent offender has his or her case removed from criminal
court to family court, confidentiality protections will apply. Information related to the juvenile
offender or adolescent offender should not be released to the news media after this point.

b. Identity of a complainant under 17 years of age


c. Identity of a neglected or abused child
d. Identity of a victim of a sex crime
e. Information which indicates that a person has a communicable
disease

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-77 10/01/18 2 of 3

HIGHEST f. Information which indicates that a person is a confidential


RANKING informant/witness
UNIFORMED g. The location of occurrence where a sexual assault occurred if that
MEMBER OF location is the victim’s residence or the residence of the
THE SERVICE perpetrator, if not apprehended
(continued) h. The address or telephone number of a member of the service
i. Address or telephone number of a complainant
j. Address or telephone number of a witness to a crime
k. Information that may hinder the prosecution of the crime, jeopardize
the safety of a member of the service, complainant, or witness.
4. Release the following information after an arrest is made, if requested:
a. Name, age, residence, employment, marital status and similar background
information of the arrested person(s) after identity is confirmed
b. Substance or text of the charge(s) such as a complaint, indictment,
information, and, only when appropriate, the identity of the complainant
c. Identity of the investigating and arresting agency and the length of
the investigation
d. Circumstances immediately surrounding the arrest, including the time
and place of arrest, resistance, pursuit, possession and use of weapons
and a general description of items seized at the time of arrest.

NOTE With the prior permission of the Deputy Commissioner, Public Information, certain
information may be withheld if there is a legitimate concern for the safety of a witness in the
“interests of justice” (i.e., release of information may compromise an ongoing investigation).

The Office of the Deputy Commissioner, Public Information, is available 24 hours a day,
7 days a week, for consultation and/or response to incidents involving the media.
Members of the service are required to immediately notify the Deputy Commissioner,
Public Information of any interaction with the media.

ADDITIONAL The following information will be released only after conferral with the Deputy
DATA Commissioner, Public Information, and the Chief of Detectives. Pretrial disclosure of
the following information may have an adverse impact on a court case:
a. Statements concerning the reputation or character of an accused person or
prospective witness
b. Performance of, or results of, tests or the refusal by the accused to take a test
c. Statements concerning the credibility or anticipated testimony of prospective witnesses
d. Opinions or speculation concerning evidence or argument in the case, whether
or not it is anticipated that such evidence or argument will be used at trial
e. Photographs, films, videotapes, and/or mug shots.

CONFIDENTIALITY OF THE VICTIM OF A SEX CRIME

The Civil Rights Law, Section 50-B, was amended in 1991 to protect the identity of the
victim of a sex crime. The law provides that the identity of a victim of a sex crime be
provided to a defendant charged with the crime and their counsel or guardian. It also
permits disclosure to public officers and employees investigating, prosecuting and
keeping records relating to the offense. A new Section 50-C was also added to the law

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-77 10/01/18 3 of 3

ADDITIONAL which allows victims of a sex offense to bring private action to recover for any damage
DATA suffered by the disclosure of their identities. Therefore, those members of the service
(continued) (uniformed and civilian) assigned to units (Public Information Division, Identification
Section, Communications Division, etc.) which may, at times, be called upon to provide
information from Department records, files, tapes, etc., must ensure that the identity of a
victim of a sex offense is not divulged when this information is released.

IDENTITY OF PERSONS WITH COMMUNICABLE DISEASE

It is the responsibility of this Department to protect the civil rights of persons we come in
contact with. This includes prisoners, crime victims, aided cases, etc. In keeping with this
obligation, any information regarding a person’s status in connection with any communicable
disease (HIV, AIDS, Tuberculosis, Hepatitis B, etc.) is to be treated as confidential.

Accordingly, members of the service should be made aware of the following guidelines:

Information concerning a prisoner’s or a victim’s affliction with a communicable disease must be


kept confidential. This information generally should not be released to the public, the media, the
person’s family and friends or to other prisoners. There may be unusual circumstances under
which release of this information is warranted. Any such release, however, may only be made
with the written consent of the Deputy Commissioner - Legal Matters.

In some cases, prisoners may volunteer their positive medical status regarding a
communicable disease indicating the need to be segregated from general prisoner
population or the need for medical treatment. In such cases, isolation cells should be
used, if available. This information may be recorded on a Prisoner Movement Slip or on
form MEDICAL TREATMENT OF PRISONER (PD244-150) in order to alert
personnel assigned to Corrections, District Attorney’s offices or courts.

Members of the service who are exposed to a communicable disease should follow the
provisions of P.G. 205-10, “Exposure Of Members Of The Service To Infectious
Diseases.”

RELATED Information Concerning Official Business of the Department (P.G. 212-76)


PROCEDURES Incidents Involving Media Representatives (P.G. 212-49)
Exposure Of Members Of The Service To Infectious Diseases (P.G. 205-10)

FORMS AND MEDICAL TREATMENT OF PRISONER (PD244-150)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-78

UTILIZATION OF THE REAL TIME CRIME CENTER


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/29/17 03/29/17 1 of 2

PURPOSE To provide twenty-four hour, seven day a week investigative support to the
Detective Bureau and other Department investigative units conducting criminal
investigations.

PROCEDURE When an investigator seeks the assistance of the Real Time Crime Center
(RTCC) during the course of investigating any crime:

INVESTIGATOR 1. Telephone the Real Time Crime Center to initiate “real time” crime scene support.
a. Cases not requiring crime scene support, contact may be made
either by telephone, e-mail, or facsimile.

RTCC 2. Verify the identity of the investigator requesting information.


INVESTIGATOR 3. Record the request for investigative assistance in the intake database.
4. Confer with the RTCC Supervisor on duty.
5. Conduct comprehensive computer inquiries of related incidents, suspects,
victims, locations and any other relevant information.
6. Forward results of computer investigation to the investigator concerned
via wireless laptop, email, telephone or facsimile.

RTCC 7. Oversee and ensure thorough computer investigations and monitor


SUPERVISOR ongoing priority incidents citywide.
a. Prioritize case assignments.
b. Review investigative results.
c. Provide investigative direction.

RTCC 8. Maintain contact with investigator concerned and determine if additional


INVESTIGATOR investigative steps are necessary.

ADDITIONAL The RTCC applications have been created and organized to support the investigative
DATA process in the following areas:
a. Incident Analysis
b. Location Analysis
c. Victim/Suspect Analysis
d. Pattern Analysis
To conduct these analyses, the RTCC Investigators can access data from the NYPD,
other NYC Agencies and New York State systems. Additionally, investigators can access
a wide variety of investigative tools as well as public and governmental information
sources. The RTCC Investigators have direct access to Department data previously
unavailable for efficient searching and reporting, including advanced mapping, 311 and
911 information.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-78 03/29/17 2 of 2

ADDITIONAL Among the many non-NYPD databases available to RTCC analysts are the following
DATA (this list is not all-inclusive):
(continued)
PUBLIC RECORDS DATABASES – Databases built from public records, commercial
records and data provided by various government agencies. These databases offer a
variety of searches nationwide which include: persons, addresses (past and present),
phone numbers (including unlisted and cell), motor vehicles, real property, civil and
criminal searches. Also available is a visual link analysis tool, to discover connections
between individuals and their associates that are otherwise easy to miss. The databases
are frequently updated with over twelve billion real investigative records.

CJA INTERVIEW REPORT – Through an Arrest Number, RTCC investigators can


access the Criminal Justice Agency’s Interview Report. This report contains information
on the arrestee to determine bail eligibility. Information includes name, address, prior
address, contact names and phone numbers, employment data and other pertinent
information related to the arrested person.

DOC – Federal/NY State/NYC Department of Corrections Inmate lookup service (online


databases).

E-JUSTICE – NYS Criminal Justice information which is linked to the National Crime
Information Center (NCIC).

PHOTO SYSTEM – A consolidated law enforcement photo/mug shot system. Includes


perpetrators arrested by other agencies such as ATF, FBI, DEA, Eastern District of New
York, INS, IRS, Nassau County Police, Newark PD (NJ), NY State Police, Essex County
Sheriff (NJ), Hudson County Sheriff (NJ), Passaic County (NJ), New York State
Department of Corrections and Community Supervision (DOCCS), Suffolk County,
Union County (NJ), US Postal Inspector, US Customs Service, US Marshals Service, US
Secret Service, Westchester County Department of Corrections.

IDS – NYPD Intelligence Database System.

JUSTICE EXCHANGE – National near-real time “who’s in jail” database covering


twenty-nine states across the country.

STARS – The Summons Tracking and Accounts Receivable System allows an


investigator to search for NYC parking summons issued to a vehicle.

ISO CLAIMSEARCH – Is an all-claims database incorporating over 380 million claims


including property claims, bodily injury claims and automobile records. Searches can
be done by name (individual or business), address, phone number, Social Security
number, driver’s license number, license plate number, Vehicle Identification Number
(VIN), professional medical license or Tax Identification Number (TIN). Reports are
returned on any matches regarding the claim(s) filed. An added feature includes VIN
Decoding. This utility allows you to decode and decipher a Vehicle Identification
Number (VIN) to properly identify vehicles.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-79

SUBPOENA FEES AND ACCOUNTING PROCEDURES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To inform members of the service (uniformed and civilian) of the appropriate
fees to be tendered by persons making service of subpoenas upon the New York
City Police Department.

SCOPE In many cases where a subpoena is served upon the Police Department, a check,
money order or cash for the statutorily mandated witness fee may also be tendered.
In order to promote greater efficiency and uniformity in the processing of and
accounting for subpoena fees, the following procedure will be complied with.

PROCEDURE Upon receipt of a subpoena (by personal service or other means of delivery):

MEMBER OF 1. Ascertain if fee (cash, check, or money order) is tendered with subpoena.
THE SERVICE a. If check or money order is made payable to an individual member
RECEIVING of the service (uniformed or civilian), the member concerned will
SUBPOENA endorse check or money order as follows:
“PAY TO THE ORDER OF NEW YORK CITY POLICE
DEPARTMENT”
b. If fee is tendered in connection with a subpoena which does not
involve the Police Department or actions taken by the member
concerned on behalf of the Department, the fee will be given to
the member concerned and is properly payable to him/her. In
such case, no fee receipt will be issued by this Department.
2. Issue FEE RECEIPT (PD122-017) and comply with applicable
provisions of P.G. 212-82, “Forwarding Of Fees To The Audits And
Accounts Section,” if fee is tendered.
a. Enter title of case (e.g., Smith v. Jones, People v. Rosario) at
caption entitled “FOR” of FEE RECEIPT.
b. If subpoena and fee (if tendered) have been received by other than
personal service, forward FEE RECEIPT to attorney issuing
subpoena by U. S. Mail.
3. Note FEE RECEIPT number and dollar amount of fee tendered on rear
of subpoena.
4. Forward subpoena to command liaison officer.

COMMAND 5. Comply with pertinent provisions of P.G. 211-15, “Processing


LIAISON Subpoenas For Police Department Records And Testimony By Members
OFFICER Of The Service.”

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-79 08/01/13 2 of 2

ADDITIONAL Members of the service (uniformed and civilian) are advised that the following is a
DATA schedule of appropriate fees to be tendered with the corresponding type of subpoena:

TYPE OF SUBPOENA FEE

♦ CIVIL CASES

Subpoena issued by courts of New York State $15.00


Subpoena issued by Federal Courts $40.00

♦ FAMILY COURT CASES

Subpoena issued in a Juvenile Delinquency Proceeding NO FEE REQUIRED

 All other Family Court Cases


As per CIVIL CASE FEE SCHEDULE, above

♦ CRIMINAL CASES

Subpoena issued by State and Federal Courts NO FEE REQUIRED

NOTE If a subpoena requires a specific member of the service to appear AND bring certain
documents with him/her, a single fee is all that is required.

In certain cases, travel expenses may be included with the tendered subpoena fee. Members
are advised that for travel wholly within New York City, no travel fees are required.

If the fee tendered is not in conformity with the above listed fee schedule, a supervisor
must be notified. The supervisor will ensure that the subpoena is still processed and that
a notation is made on the reverse side of the subpoena of the amount actually tendered.

For cases involving subpoenas issued by courts outside of New York City, consult P.G.
211-16, “Processing Subpoenas Issued by Courts Outside New York City.”

RELATED Forwarding Of Fees To Audits And Accounts Section (P.G. 212-82)


PROCEDURES Processing Subpoenas For Police Department Records And Testimony By Members Of
The Service (P.G. 211-15)
Processing Subpoenas Issued By Courts Outside New York City (P.G. 211-16)
Processing Legal Bureau Requests For Department Records Including Requests Under
The Freedom Of Information Law (P.G. 211-17)
Processing Requests For Police Department Documents Received From Assistant
Corporation Counsels And Assistant District Attorneys (P.G. 211-18)

FORMS AND FEE RECEIPT (PD122-017)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-80

SUSPENSION AND REVOCATION ORDERS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/15/15 12/15/15 1 of 2

PURPOSE To process Suspension and Revocation Orders received from the Department of
Motor Vehicles.

PROCEDURE Upon receipt of Suspension and Revocation Orders:

DESK OFFICER 1. Record receipt of Orders in Command Log.


2. Forward to the traffic safety sergeant/officer.

TRAFFIC 3. Prepare SUSPENSION/REVOCATION REPORT (PD634-151) and


SAFETY attach to each Order.
OFFICER 4. Distribute Suspension and Revocation Orders with attached
SUSPENSION/REVOCATION REPORT to sectors/posts concerned.
5. Forward Orders to precinct concerned for service if information indicates
that Order must be executed in that precinct.

SECTOR/POST 6. Record Suspension and Revocation Orders in ACTIVITY LOG.


CONCERNED 7. Execute as follows:
a. Obtain all items listed on Suspension and Revocation Order, or
b. Obtain signed affirmation on back of Suspension and Revocation
Order for items not picked up, or
c. Issue summons for violation of Section 510, subdivision 7 of the
Vehicle and Traffic Law, returnable to the Traffic Violations
Bureau, if the licensee does not turn over the required items and
refuses to sign affirmation, or
d. Enter Department of Motor Vehicles case number and date on
back of Order if licensee has Notice of Restoration (Form FS34)
or Notice of Compliance (Form FS112).
8. Leave lower half of SUSPENSION/REVOCATION REPORT with a
responsible member of licensee’s household, for delivery to licensee, if
he cannot be located.
9. Record attempts at service on SUSPENSION/REVOCATION
REPORT if licensee cannot be located.
10. Indicate reason for noncompliance in captioned box if Order is not
executed for reasons other than temporary absence of license.
11. Report results of efforts and deliver all surrendered items along with
executed and unexecuted Orders to patrol supervisor.
12. Enter facts in ACTIVITY LOG.

PATROL 13. Reassign Orders not served because of temporary absence of licensee to
SUPERVISOR next member of the service assigned to post or sector concerned on 2nd or
3rd platoons, as appropriate.
14. Deliver all surrendered items and Suspension and Revocation Orders to
traffic safety officer.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-80 12/15/15 2 of 2

TRAFFIC 15. File SUSPENSION/REVOCATION REPORTS.


SAFETY 16. Note reason for non-service on back of each Order not executed.
OFFICER 17. Note service of summons on back of Orders where applicable.
18. Process returned Suspension and Revocation Orders as follows:
a. Unexecuted Orders - placed in one envelope.
b. Executed Orders - placed one to an envelope, with surrendered items.
19. Deliver to desk officer.
20. Enter Orders in Command Log:
a. Unexecuted Orders by statement of total number only
b. Executed Order individually by serial number.
21. Forward envelopes to Mail and Distribution Unit for return to Department
of Motor Vehicles.

NOTE An Order is considered executed only when all items listed are received, or an
affirmation is obtained from the licensee.

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS SUSPENSION/REVOCATION REPORT (PD634-151)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-81

UNAUTHORIZED DISPLAY OF BADGES, PLATES, CARDS, ETC.


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To prescribe proper police action in the following situations.

PROCEDURE Upon observing the unauthorized display of any badge, plate, card, etc.:

UNIFORMED 1. Take the following police action, as appropriate:


MEMBER OF
THE SERVICE

UNAUTHORIZED DISPLAY OF POLICE ACTION

♦ Badge, and person displaying purports to  Arrest, Section 190.25 (3), Penal Law.
be a public servant.  Seize badge as evidence.

♦ Plate, sign, insignia of Police or Fire  Summons, Section 396, V.T.L.


Department displayed on a vehicle.  Seize article as evidence.

♦ Official police cards, e.g., press, special  Confiscate, ascertain how obtained, and
vehicle identification, etc. deliver article and report of
circumstances to desk officer.

♦ Forged police card.  Arrest, Administrative Code Section 14-


107.
 Seize card as evidence.

DESK OFFICER 2. Process arrests and summonses in the usual manner.


3. Invoice evidence seized and forward confiscated article to Property Clerk
in the usual manner.
4. Notify commanding officer of all facts.
5. Prepare two copies of report on Typed Letterhead addressed to Chief of
Department, including all facts when a police card is confiscated.

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-82

FORWARDING OF FEES TO AUDITS AND ACCOUNTS UNIT


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 4

PURPOSE To safeguard fees being forwarded to Audits and Accounts Unit.

PROCEDURE When fees (cash and checks) that have been collected for forwarding to the
Audits and Accounts Unit:

COMMAND 1. Affix the imprint of the command rubber stamp on the back of each
CLERK certified, personal or bank teller’s check, and bank or United States Postal
money order and write the application serial #, the fee transmittal sheet #
and the fee receipt # in the space provided prior to delivery to the
Operations Coordinator.

NOTE When a fee is collected by a member of the service (uniformed or civilian), a FEE
RECEIPT (PD122-017) will be prepared and issued. All fees must be safeguarded
pending forwarding to patrol borough office. Fees collected for rifle/shotgun permits
are exempt from this procedure.

2. Prepare FEE TRANSMITTAL SHEET (PD122-150).


3. Assign a separate command serial number to each FEE TRANSMITTAL
SHEET beginning with number one each calendar year.
4. Enter the FEE TRANSMITTAL SHEET serial number in the margin of the
Fee Receipt book next to the corresponding file copy of each FEE RECEIPT.
5. Request pre-numbered Plastic Security Envelope(s) from desk officer.
NOTE Utilize one Plastic Security Envelope for all fees collected, whenever possible.
6. Enter Plastic Security Envelope serial number(s) on FEE
TRANSMITTAL SHEET above the command serial number.
7. Close out unused portion of FEE TRANSMITTAL SHEET by:
a. Drawing horizontal line across width of page on next unused line, and
b. Drawing a diagonal line from left side of horizontal line,
extending to bottom right of space allotted for “sub-total.”
8. Sign all copies of the completed FEE TRANSMITTAL SHEET and
deliver to the Operations Coordinator as soon as possible after 1600
hours, daily, with command copies of FEE RECEIPTS, Plastic Security
Envelope(s) and all fees.
NOTE The New York City Administrative Code requires that fees be forwarded “on next business
day.” Fees received at commands after 1600 hours or on days when the Audits and
Accounts Unit is closed will be safeguarded and processed the next business day. The
Audits and Accounts Unit is closed for business on weekends and all civilian holidays.
OPERATIONS 9. Check accuracy of fees received against entries on FEE
COORDINATOR TRANSMITTAL SHEET and FEE RECEIPT book.
a. Ensure that all the rubber stamp captions on certified, personal or
bank teller’s checks, and bank or United States Postal money
orders have been completed as required in Step 1 above.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-82 08/01/13 2 of 4

OPERATIONS 10. Sign all copies of FEE TRANSMITTAL SHEET.


COORDINATOR 11. Make entry in FEE RECEIPT book in margin of last numbered receipt
(continued) used, listing receipt numbers for fees forwarded, i.e., fees for receipt
numbers 1057 through 1064, forwarded 3/21/98, Sgt. Petri.
12. Place all fees in pre-numbered Plastic Security Envelope(s) and seal in
accordance with instructions on the envelope.
13. Attach all copies of FEE TRANSMITTAL SHEET to outside of Plastic
Security Envelope(s).
14. Place all copies of FEE TRANSMITTAL SHEET, and Plastic Security
Envelope(s) in a 10” x 12” envelope, addressed to the Borough Fiscal
Coordinator and arrange for messenger delivery with the A.M. mail on
the next business day.
NOTE If no fees were received at the command, a negative report, on Typed Letterhead,
addressed to commanding officer of borough concerned, will be sent to the borough
command with the A.M. mail.
COMMAND 15. Sign all copies of FEE TRANSMITTAL SHEET and return originating
MESSENGER command copy (buff) to operations coordinator as receipt for fees received.
16. Deliver Plastic Security Envelope(s), with remaining four copies of FEE
TRANSMITTAL SHEET to the borough office.
OPERATIONS 17. Have command clerk file originating command copy (buff) of FEE
COORDINATOR TRANSMITTAL SHEET serially in a binder.
BOROUGH 18. Receipt for Plastic Security Envelope(s) received by signing date, rank
FISCAL and name on all copies of FEE TRANSMITTAL SHEET, adjacent to
COORDINATOR “Total Forwarded,” and return (green) copy to command messenger.

NOTE DO NOT OPEN Plastic Security Envelope(s).


COMMAND 19. Permanently retain (green) copy of FEE TRANSMITTAL SHEET as
MESSENGER personal receipt.
BOROUGH 20. Place borough office copy (pink) of the FEE TRANSMITTAL SHEET
FISCAL chronologically in binder maintained in borough office. (DO NOT
COORDINATOR separate and file by command).
21. Prepare pre-serialized CONSOLIDATED FEE RECEIPT (PD122-011)
listing every command in the borough command.
a. Enter information required by captions, for each command,
utilizing data from FEE TRANSMITTAL SHEET.
b. If no fees were forwarded by command ascertain that a negative
report, on Typed Letterhead, was delivered to the borough office
and write “NONE” next to command concerned under column
“FEE TRANSMITTAL SHEET SERIAL NUMBER.” All
commands must be listed.
c. Sign completed CONSOLIDATED FEE RECEIPT and submit,
together with all related FEE TRANSMITTAL SHEETS,
Plastic Security Envelope(s), and negative reports, to borough
supervisor for review.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-82 08/01/13 3 of 4

NOTE If a pre-serialized CONSOLIDATED FEE RECEIPT is voided, file all copies in same
manner outlined in step 20.

BOROUGH 22. Review items submitted for accuracy and completeness, sign
SUPERVISOR CONSOLIDATED FEE RECEIPT and return all items to Borough
Fiscal Coordinator.

BOROUGH 23. Give plastic security envelope, all copies of CONSOLIDATED FEE
FISCAL RECEIPT and remaining copies (white and blue) of the FEE
COORDINATOR TRANSMITTAL SHEETS to the borough messenger in an envelope
addressed to the Audits and Accounts Unit for delivery with the A.M.
mail on the same day received.

BOROUGH 24. Compare FEE TRANSMITTAL SHEETS and Plastic Security


MESSENGER Envelopes against related CONSOLIDATED FEE RECEIPT.
25. Sign all copies of CONSOLIDATED FEE RECEIPT and return “blue”
copy to Borough Fiscal Coordinator as receipt for Plastic Security
Envelope(s) received.

BOROUGH 26. File blue copy of CONSOLIDATED FEE RECEIPT together with
FISCAL negative reports, where applicable, and related copies of FEE
COORDINATOR TRANSMITTAL SHEETS in same manner outlined in step 20.

BOROUGH 27. Deliver fees contained in sealed Plastic Security Envelopes, two copies of
MESSENGER CONSOLIDATED FEE RECEIPT (pink and white) and two copies of
each FEE TRANSMITTAL SHEET (white and blue) to the Audits and
Accounts Unit with the A.M. mail.

NOTE Fees and related forms must be delivered before 1200 hours.
AUDITS AND 28. Compare Plastic Security Envelope number(s) to corresponding FEE
ACCOUNTS TRANSMITTAL SHEETS and CONSOLIDATED FEE RECEIPTS.
UNIT MEMBER a. Ensure each command is accounted for and listed on the
consolidated FEE TRANSMITTAL SHEET.
29. Open Plastic Security Envelope(s), total fees received and compare with
CONSOLIDATED FEE RECEIPT and related FEE TRANSMITTAL
SHEETS for accuracy.
30. Prepare RECEIPT FOR FEES COLLECTED (PD122-170) in
duplicate.
31. Machine stamp FEE TRANSMITTAL SHEETS and both copies of
CONSOLIDATED FEE RECEIPT.
32. Give original RECEIPT FOR FEES COLLECTED and one copy of
CONSOLIDATED FEE RECEIPT (white) to borough messenger.
33. Retain original FEE TRANSMITTAL SHEET (white), and one copy of
CONSOLIDATED FEE RECEIPT (pink) and forward FEE
TRANSMITTAL SHEET (blue) to command of record through
Department mail.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-82 08/01/13 4 of 4

BOROUGH 34. Return stamped copy of CONSOLIDATED FEE RECEIPT and


MESSENGER RECEIPT FOR FEES COLLECTED to Borough Fiscal Coordinator.

BOROUGH 35. Compare stamped copy of CONSOLIDATED FEE RECEIPT (white)


FISCAL and RECEIPT FOR FEES COLLECTED with file copy of
COORDINATOR CONSOLIDATED FEE RECEIPT (blue).
a. Notify borough supervisor of any discrepancies.
b. File all copies of related receipts with copies of FEE TRANSMITTAL
SHEETS and negative reports as outlined in step 20.

OPERATIONS 36. Compare FEE TRANSMITTAL SHEET copy (blue) received through
COORDINATOR Department mail from Audits and Accounts Unit with command file copy
(buff).
a. Notify Audits and Accounts Unit of any discrepancies, or if FEE
TRANSMITTAL SHEET copy (blue) has not been received
within ten days.
b. File FEE TRANSMITTAL SHEET copy (blue) with command
file copy (buff) in binder.

COMMANDING 37. Conduct monthly inspection to ensure that all fees are being forwarded
OFFICER daily and have been received at the Audits and Accounts Unit.

ADDITIONAL Non-patrol commands requesting an exemption from any of the aforementioned steps must
DATA submit a request, in writing, to the Director, Audits and Accounts Unit. Written approval
of any such exemption must be maintained on file at the requesting command and
available for review by authorized auditors from other agencies.

Requisition of additional pre-serialized CONSOLIDATED FEE RECEIPTS will be


made direct to Audits and Accounts Unit.

If the command clerk, and/or operations coordinator are absent the commanding officer
will designate another member of the service to assume their duties.

FORMS AND CONSOLIDATED FEE RECEIPT (PD122-011)


REPORTS FEE RECEIPT (PD122-017)
FEE TRANSMITTAL SHEET (PD122-150)
RECEIPT FOR FEES COLLECTED (PD122-170)
TYPED LETTERHEAD

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-83

LEAVING CITY ON OFFICIAL BUSINESS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 3

PURPOSE To obtain permission and funds to leave the city on police business.

PROCEDURE When required to leave the city on police business:

UNIFORMED 1. Submit three copies of request on Typed Letterhead to Police


MEMBER OF Commissioner or Chief of Department, including:
THE SERVICE a. Rank, name, shield number and command
b. Destination
c. Purpose, including COMPLAINT REPORT (PD313-152)
number, crime and warrant (including issuing agency)
d. Identity of prisoner, if any
e. Identity of escorting officer(s)
f. Date and time of departure
g. Estimated date of return
h. Means of travel
i. Estimate of expenses and who will pay them
j. Statement indicating necessity to carry firearms, when appropriate
k. Tour performed while out of city
l. Overtime anticipated
m. Next scheduled tour after return to city.

NOTE When a vehicle is to be utilized as the primary means of transportation to and from the
destination (rather than by airline, railroad or bus) the member must ascertain the
availability of a Department vehicle by inquiring in the following order:
a. At their respective command
b. If none is available at the command level, inquire at the member’s respective
bureau or overhead command
c. If a vehicle is not available at the bureau/overhead command, the member should
contact the Confidential Rental and Lease Office (CRALO), Fleet Services Division.
If there is a vehicle available at Fleet Services Division, the member must submit a request on
Typed Letterhead to the Commanding Officer, Support Services Bureau requesting approval
for the assignment of a Department vehicle, by CRALO, for the pending travel.
This protocol does not apply to the rental of a vehicle upon arrival at a destination by
airline or railroad where the vehicle is to be used only for local transportation at that
site.
Any questions regarding this procedure should be addressed to the Director, Audits and
Accounts Unit.
Members under the jurisdiction of the Patrol Services Bureau, Detective Bureau,
Housing Bureau and Transportation Bureau will address request to Chief of
Department. Other members will address request to Police Commissioner.

2. Deliver request to commanding officer.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-83 03/18/19 2 of 3

COMMANDING 3. Endorse indicating approval/disapproval.


OFFICER

NOTE When applicable, include the following statement in endorsement:

“In compliance with Federal Aviation Authority Regulation, it is necessary that the
officer retain possession of and accessibility to his weapon during flight.”

4. Forward request to next higher command.

COMMANDING 5. Endorse indicating approval/disapproval.


OFFICER, 6. Forward original and first copy to Police Commissioner or Chief of
NEXT HIGHER Department through channels.
COMMAND

NOTE The original copy of a disapproved request will be returned to the originating command
through channels, and an immediate telephone notification made to the commanding
officer of the requesting member.

COMMANDING 7. Forward approved request to originating command.


OFFICER, P.C.O.
OR CHIEF OF
DEPARTMENT’S
OFFICE

COMMANDING 8. Give requesting officer(s) copy of approval.


OFFICER

IF TRIP IS TO BE MADE BY AIRLINE:

COMMANDING 9. Instruct member(s) concerned to notify security director of airline being


OFFICER used and supervisor in charge, Port Authority Police, of trip and fact that
firearm will be carried.

UNIFORMED 10. Show authorization, shield and IDENTIFICATION CARD (PD416-


MEMBER OF 091) to airline official prior to boarding plane.
THE SERVICE 11. Use alternate airline if permission to board aircraft while armed is refused.
12. Do not surrender firearm for storage to anyone.
13. Request permission to pre-board flight if guarding prisoner.
14. Do not permit prisoner to sit adjacent to normal or emergency exit nor
next to aisle.
15. Do not carry Oleoresin Capsicum (O.C.) pepper spray, tear gas or similar
devices aboard aircraft.
16. Do not consume intoxicants at any time while aboard aircraft or allow
prisoner to do so.
17. Remain with prisoner at all times.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-83 03/18/19 3 of 3

UNIFORMED 18. Do not identify self or prisoner to anyone except designated airline
MEMBER OF employee or police official having jurisdiction over any phase of flight.
THE SERVICE 19. Do not take police action which might endanger aircraft or passengers.
(continued) 20. Do not display firearm or other authorized equipment.
21. Leave aircraft at the direction of the flight captain or after all passengers
have debarked.
22. Keep prisoner handcuffed with hands to rear when practical.

NOTE Each prisoner transported by commercial flight must be escorted by at least two officers.

23. Obtain travel expense funds from Audits and Accounts Unit. If closed,
funds may be obtained at Office of Chief of Detectives.
a. Submit itemized account of expenditures within ten days after
return to city.

ADDITIONAL When emergency circumstances require an immediate trip outside the city via department
DATA vehicle, a request may be made by telephone, through channels. Standard written request,
including reference to telephone message, will be forwarded as soon as possible.

When a trip outside the city on police business does not require any expenditure of funds,
permission may be granted by:
 Police Commissioner
 Deputy Commissioners
 Chief of Department
 Chief of Patrol
 Chief of Housing
 Chief of Transportation
 Chief of Internal Affairs
 Chief of Detectives
 Chief of Personnel
 Commanding Officer, Support Services Bureau.

RELATED Official Trips by Department Representatives (A.G. 320-18)


PROCEDURE

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-84

VERIFICATION OF PISTOL LICENSE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To verify validity of a pistol license issued by this Department.

PROCEDURE Uniformed members of the service inspecting pistol licenses shall:

UNIFORMED 1. Request licensee to produce documentary identification in addition to the


MEMBER OF pistol license.
THE SERVICE

NOTE A validated license has an embossed seal of the Police Department impressed thereon, is
valid for a two year period, and expires on the licensee’s birth date.

2. Verify validity of pistol license, if questionable, by telephoning License


Division, during business hours, 0900 to 1700, Monday through Friday or
by an inquiry into the Automated License and Permit System (ALPS).

NOTE If License Division is closed or the ALPS System cannot be accessed, the desk officer on
duty at 0900 hours the next business day will make the verification and make entry in
appropriate records.

3. Make entry in ACTIVITY LOG (PD112-145) of licensee’s name,


address, date of birth, license number and expiration date.
4. Notify desk officer of verification.

DESK OFFICER 5. Enter details of verification in Command Log.

WHEN VALIDITY OF PISTOL LICENSE IS QUESTIONABLE:

UNIFORMED 6. Retain pistol license and firearm(s), if available.


MEMBER OF
THE SERVICE
DESK OFFICER 7. Have COMPLAINT REPORT (PD313-152) prepared, marked for
investigation.
8. Prepare report of pertinent facts on Typed Letterhead and forward to
Commanding Officer, License Division, in next Department mail.
RELATED Complaint Reporting System (P.G. 207-01)
PROCEDURES Processing Firearms and Firearm-Related Evidence (P.G. 218-23)
Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT (PD313-152)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-85

RIFLE/SHOTGUN PERMIT
SUSPENDED, REVOKED, DISAPPROVED
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/29/15 12/29/15 1 of 3

PURPOSE To facilitate the surrender of rifles, shotguns, permits and/or certificate of registration
when application for a permit and registration has been denied or previously issued
permits and registrations have been suspended, revoked, or will not be renewed.

PROCEDURE Upon receipt of RIFLE/SHOTGUN SURRENDER NOTICE (PD641-120)


from the License Division, Rifle and Shotgun Section:

PRECINCT 1. Assign uniformed member of the service, preferably a sergeant, to conduct


COMMANDING immediate investigation.
OFFICER

NOTE Investigations must be completed and all related forms returned to the Rifle and Shotgun
Section, within sixty days.

UNIFORMED 2. Respond to licensee’s address and request surrender of firearm(s), permit


MEMBER OF and registration (if applicable) as indicated on RIFLE/SHOTGUN
THE SERVICE SURRENDER NOTICE.
3. Complete and sign three copies of SURRENDER NOTICE and
distribute as follows:
a. ORIGINAL – Rifle/Shotgun Section
b. COPY 1 – Precinct concerned
c. COPY 2 – Receipt to permitee.
4. Prepare COMPLAINT REPORT (PD313-152) if:
a. Permit holder refuses or fails to surrender firearm after
SURRENDER NOTICE is served and officer believes holder is
violating Administrative Code by continued possession of firearm OR,
b. Officer believes permit holder is purposely avoiding service of
SURRENDER NOTICE.
5. Enter under “Details” on COMPLAINT REPORT:
a. Identity, address and permit number of violator as it appears on
original of SURRENDER NOTICE.
b. Summons number, if summons served.
c. Description and disposition of firearms, if surrendered.
d. Disposition as related by the permit holder, if firearms are not
surrendered.
6. Voucher firearms and forward to Firearms Analysis Section only if
member concerned believes that weapon might have been used in
commission of a crime or permit holder has been accused or convicted of
a serious crime. Otherwise, forward firearm to Property Clerk.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-85 12/29/15 2 of 3

WHEN PERMIT HOLDER FAILS TO COMPLY WITH SURRENDER


NOTICE RE: REVOKED, SUSPENDED OR DENIED PERMITS:

UNIFORMED 7. Serve summons for violation of Administrative Code, Section 10-303,


MEMBER OF returnable to Criminal Court.
THE SERVICE

NOTE Do not serve summons for unrenewed permits. Do not serve summons if permit holder
states he/she no longer possesses the firearm but is unable to produce a DISPOSITION
REPORT - REGISTRATION CERTIFICATE (PD641-121). Direct permit holder to
contact License Division, Rifle and Shotgun Section.

PERMIT HOLDER DOES NOT RESIDE AT ADDRESS GIVEN:

UNIFORMED 8. Attempt to obtain new address.


MEMBER OF
THE SERVICE

NOTE If new address cannot be obtained or permit holder no longer resides in precinct
concerned, enter information on RIFLE/SHOTGUN SURRENDER NOTICE
RESPONSE (PD641-120A).

9. Prepare appropriate captions on RIFLE/SHOTGUN SURRENDER


NOTICE RESPONSE.
10. Deliver RIFLE/SHOTGUN SURRENDER NOTICE,
RIFLE/SHOTGUN SURRENDER NOTICE RESPONSE, permit and
registration, if obtained, to precinct commanding officer.

PRECINCT 11. Endorse RIFLE/SHOTGUN SURRENDER NOTICE,


COMMANDING RIFLE/SHOTGUN SURRENDER NOTICE RESPONSE and forward
OFFICER to License Division, Rifle and Shotgun Section with permit and
registration, if appropriate.

ADDITIONAL Priority will be given to those cases in which the License Division, Rifle and Shotgun Section,
DATA indicates that the permit holder has been convicted of a serious crime or is mentally
incompetent. All available information will be obtained from the License Division, Rifle and
Shotgun Section, and, in addition, the precinct commanding officer and the Legal Bureau will
be consulted regarding advisability of obtaining a search warrant.

Desk officers will comply with P.G. 207-26, “Voluntary Surrender of Weapons with Written
Notice,” and 207-27, “Voluntary Surrender of Weapons Without Prior Notice,” when a permit
has been revoked or denied and owner voluntary surrenders rifle and/or shotgun. “ADA
Copy” of PROPERTY CLERK INVOICE (PD521-141) will be forwarded to the License
Division, Rifle and Shotgun Section. If an owner, after surrendering a rifle/shotgun, does not
wish to obtain a permit, such owner can sell the rifle/shotgun to a permit holder or any person
not required, by law, to possess a permit. Upon presentation of a bona fide bill of sale and a
written representation by the owner that the weapon has been sold or otherwise disposed of,
the License Division, Rifle and Shotgun Section will issue a release to the new lawful owner.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-85 12/29/15 3 of 3

RELATED Voluntary Surrender of Weapons with Written Notice (P.G. 207-26)


PROCEDURES Voluntary Surrender of Weapons without Prior Notice (P.G. 207-27)
Invoicing Property - General Procedure (P.G. 218-01)
Processing Firearms and Firearm-Related Evidence (P.G. 218-23)
Unlawful Possession of Rifles/Shotguns (P.G. 212-46)

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS PROPERTY CLERK INVOICE (PD521-141)
RIFLE/SHOTGUN SURRENDER NOTICE (PD641-120)
RIFLE/SHOTGUN SURRENDER NOTICE RESPONSE (PD641-120A)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-86

PRIMARY, GENERAL AND SPECIAL ELECTION


DAY DUTIES PRIOR TO OPENING OF POLLS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/07/17 09/07/17 1 of 2

PURPOSE To assist members of the Board of Elections and ensure that polls open on
schedule.

PROCEDURE When assigned to a poll site on a Primary, General or Special Election Day:

PRIOR TO THE OPENING OF THE POLLS

UNIFORMED 1. Arrive at poll site at least one hour prior to opening of polls.
MEMBER OF 2. Deliver miscellaneous election supplies received at precinct election detail
THE SERVICE roll call to Board of Elections members.
3. Obtain receipt from Board of Elections members for supplies delivered.
4. Ascertain from Board of Elections Inspector whether all election supplies
have been delivered by Board of Elections as required.
a. Have Board of Elections Inspector request missing supplies to be
delivered by borough Board of Elections representatives.
5. Conduct inspection of all Board of Elections scanner machine(s) “public
counter(s)” at assigned poll site, and record results of inspection in
ACTIVITY LOG (PD112-145).
a. Notify desk officer/precinct election supervisor/precinct election
officer if any “public counter” is found to have a number other than
zero (0) PRIOR TO OPENING THE POLLS (A scanner machine
will NOT be used if the “public counter” is not set to zero [0]).

NOTE Members of the service assigned to each poll site shall inspect each Board of Elections scanner
machine assigned to their poll site to ensure that the “public counter” is set to zero (0), PRIOR
TO THE OPENING OF THE POLLS. The “public counter” can be viewed on the scanner
machine LCD screen when the scanner is turned on. This inspection verifies that no votes
have been cast on that particular machine prior to opening the polls. The “protective
counter,” also listed on the scanner LCD screen, will most likely not be set to zero, and
SHOULD NOT BE MISTAKEN for the “public counter.” The member of the service assigned
to the poll site must document the results of their inspection in their ACTIVITY LOG. If a
“public counter” is found to be set to any number other than zero, the desk officer/precinct
election supervisor/precinct election officer will be notified immediately.

6. Observe that ballot boxes, if used, are under control of election inspectors
inside the guardrail.
a. Bring deficiencies to the attention of the Board of Elections poll
site coordinator or member.
7. Conduct a thorough inspection of the interior and exterior of the poll site.
a. Confirm that Board of Elections members have posted signs
designating no electioneering within 100 feet of the poll site entrance.
b. Remain vigilant for any suspicious packages and/or persons,
violations of Election Law, and electioneering within 100 feet of
the poll site entrance as designated by the Board of Elections poll
site coordinator or member.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-86 09/07/17 2 of 2

UNIFORMED c. Take appropriate action to correct conditions observed, make


MEMBER OF appropriate notifications, and record notifications/actions taken in
THE SERVICE ACTIVITY LOG.
(continued) 8. Notify desk officer/precinct election supervisor, if polls are not open on schedule.
a. Make an entry in ACTIVITY LOG and include reason for delay.
b. Make an additional notification every thirty minutes regarding
current condition until polls open.

DESK OFFICER 9. Notify patrol borough command when informed that Board of Elections
has not opened the poll at scheduled opening time.
a. Make additional notification when poll does open.
10. Send precinct election supervisor/designated supervisor to investigate
delay in opening of the polls.

ADDITIONAL The precinct commander shall assign a supervisory officer to oversee all election
DATA activities including the maintenance of the precinct Election Log.

Patrol borough command will make appropriate notifications to the respective Board of
Elections borough office.

Operations Division will make appropriate notifications to the Board of Elections


executive office.

RELATED Primary, General and Special Election Day Duties While Polls are Open (P.G. 212-87)
PROCEDURES Primary, General and Special Election Day Duties After Close of Polls (P.G. 212-88)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-87

PRIMARY, GENERAL AND SPECIAL ELECTION DAY


DUTIES WHILE POLLS ARE OPEN
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/07/17 09/07/17 1 of 3

PURPOSE To preserve the peace, protect life, property, and to ensure the public’s right to
vote.

PROCEDURE When assigned to a poll site:

UNIFORMED 1. Notify desk officer/precinct election supervisor of any condition that


MEMBER OF interferes with voting.
THE SERVICE a. Make additional notifications every thirty minutes regarding
current status of condition.
b. Make additional notification when the condition is corrected.

NOTE Each Elections District should have two (2) members present from each of the top two
(2) political parties (four [4] total). Each Elections District may operate with only two
(2) Board members present, as long as those two (2) Board members belong to different
political parties.

A poll site may be opened by Board of Elections members if the Board of Elections poll
site coordinator is not yet present. The Board of Elections borough office will be
requested to send a backup poll site coordinator.

DESK OFFICER 2. Notify patrol borough command when informed of any condition that
interferes with voting.
a. Make additional notifications every thirty minutes regarding
current status of condition.
b. Make additional notification when the condition is corrected.
3. Send precinct election supervisor/designated supervisor to investigate
conditions which interfere with voting.

UNIFORMED 4. Remain in poll site unless required to leave for other police duty or
MEMBER OF authorized meal period.
THE SERVICE a. Make ACTIVITY LOG (PD112-145) entry when leaving and
upon return, and notify desk officer/precinct election supervisor.
5. Remain outside guardrail except to perform duty.
6. Do not take part in election process.
7. Notify relieving officer of conditions affecting poll site.
8. Notify desk officer/precinct election supervisor and make entry in
ACTIVITY LOG if:
a. An election inspector is unfit for duty
b. Voting is interrupted for any reason
c. Problems are encountered
d. Unusual incident occurs within or in vicinity of poll site
e. Police action taken at poll site
f. Overcrowding
g. Delay closing polls.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-87 09/07/17 2 of 3

NOTE The following persons are permitted within the guardrail:


a. Election inspectors
b. Persons admitted for voting privilege
c. Properly identified representatives of New York State and New York City Board
of Elections
d. Attorney General or assistants
e. Authorized poll watchers
f. Persons admitted by election inspectors to preserve order.

Members of the service assigned to each poll site shall be instructed regarding the
operations of poll watchers. Poll watchers are persons who are authorized by the Board of
Elections to observe the operations of a poll site on behalf of a particular candidate or
political party. Poll watchers must be in possession of certificate (written letter) issued by a
candidate, a chairperson of a political committee, or an independent body which will
specifically state the Election District (E.D.) to which they are assigned. Poll watchers may
be in possession of multiple certificates. Up to three poll watchers per candidate may be
present for each Election District, but only one poll watcher per candidate may be within the
“guardrail” (immediate vicinity of the voting booth and its respective table) of a specific
Election District. Poll watchers may enter the poll site prior to the opening of the polls
(0500 hours) and may remain after the closing of the polls. Poll watchers may not
electioneer inside the poll site (including wearing campaign buttons, political items, election
paraphernalia or displaying political literature), may not tamper with election materials,
may not interfere with the election process, nor accompany a voter inside the voting booth.
Poll watchers may communicate a challenge to a Board of Elections member regarding a
prospective voter’s eligibility to vote.

UNIFORMED 9. Randomly conduct a thorough inspection of the interior and exterior of


MEMBER OF the poll site.
THE SERVICE a. Remain vigilant for any suspicious packages and/or persons,
(continued) violations of Election Law, and electioneering within 100 feet of
the poll site entrance as designated by Board of Elections member.
b. Take appropriate action to correct conditions observed, make
appropriate notifications, and record notifications, actions taken,
and results of inspections in ACTIVITY LOG.
10. Refer person alleging to be a registered voter to Supreme Court of county
concerned, if Board of Elections member refuses to grant them the right
to vote.

NOTE Members of the service assigned to each poll site shall assist Board of Election members
in closing the poll site at 2100 hours. Persons waiting to vote immediately prior to the
close of the polls will be made to form a line. Persons attempting to vote will not be
allowed entry to the poll site after 2100 hours unless they are already on line at the poll
site. If they are on line by 2100 hours, they will be afforded the opportunity to vote and
WILL NOT BE EJECTED. Prevent persons from joining the line after polls close.

DESK OFFICER 11. Send precinct election supervisor/designated supervisor to investigate


voting irregularities.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-87 09/07/17 3 of 3

DESK OFFICER 12. Notify patrol borough command of arrests, incidents, or unusual delays in
(continued) voting.

PRECINCT 13. Supervise poll sites.


ELECTION 14. Inspect and sign ACTIVITY LOG of members assigned to poll sites.
SUPERVISOR 15. Make ACTIVITY LOG entry including time poll site visited and member
inspected.
16. Inform desk officer of action taken regarding voting irregularities.

DESK OFFICER 17. Inform precinct election supervisor of complaints, time voting is
interrupted, and time voting resumes, etc., for entry in precinct Election
Log.

PATROL 18. Notify Chief of Department’s Operations Unit when:


BOROUGH a. A condition causes voting to be delayed or interrupted.
COMMAND b. Any arrests, incidents, or unusual delays in voting.

ADDITIONAL Patrol borough command will make appropriate notifications to the respective Board of
DATA Elections borough office.

Operations Division will make appropriate notifications to the Board of Elections


executive office.

RELATED Primary, General and Special Election Day Duties Prior to Opening of Polls (P.G. 212-86)
PROCEDURES Primary, General and Special Election Day Duties After Close of Polls (P.G. 212-88)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-88

PRIMARY, GENERAL AND SPECIAL ELECTION DAY


DUTIES AFTER CLOSE OF POLLS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/07/17 09/07/17 1 of 2

PURPOSE To expedite delivery of election results to the precinct and the return of election
materials.

PROCEDURE After the polls have closed:

UNIFORMED 1. Notify desk officer/precinct election supervisor if closing of polls is


MEMBER OF delayed.
THE SERVICE 2. Maintain the line of persons waiting to vote, and prevent persons arriving
at the poll site after the close of the polls from joining the line.
a. A person that is on line waiting to vote at the close of the polls will
not be ejected and will be afforded the opportunity to vote.
3. Conduct inspection of ALL Board of Elections scanner machine(s)
“public counter(s)” at assigned poll site, and record results of inspection
in ACTIVITY LOG (PD112-145), after all voting has been completed,
and BEFORE the scanner is closed.

DESK OFFICER 4. Send precinct election supervisor to investigate delay in closing of polls,
missing election materials, or other discrepancy.

PRECINCT 5. Respond to poll site that is reporting delay in closing of the polls, missing
ELECTION election materials, or other discrepancy.
SUPERVISOR 6. Keep desk officer and patrol borough command informed of conditions
causing delays.

UNIFORMED 7. Ensure that all Board of Elections materials, as outlined in current


MEMBER OF Operations Order, are received from poll site Board of Elections
THE SERVICE members.
8. Ensure precinct election supervisor/precinct election officer is notified
and precinct election transportation detail is responding, upon receipt of
election materials from Board of Elections members.
9. Ensure all appropriate election materials have been turned over by Board
of Elections members and wait for precinct election transportation detail
personnel to pick up all election materials PRIOR to leaving poll site.
10. Bring missing envelopes, bags, or cases to the attention of the poll site
Board of Elections coordinator or member immediately.
a. If Board of Elections coordinator or member cannot produce
missing envelopes, bags, or cases, notify the precinct election
supervisor PRIOR to leaving the poll site.
11. Make an ACTIVITY LOG entry, if any of the above required Board of
Elections materials are not received, and include:
a. Items not received from the Board of Elections
b. Board of Elections poll site coordinator or member notified

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-88 09/07/17 2 of 2

UNIFORMED c. Reasons items were not received


MEMBER OF d. Precinct election officer/precinct election supervisor notified.
THE SERVICE
(continued)

ADDITIONAL Patrol borough command will make appropriate notifications to the respective Board of
DATA Elections borough office.

Operations Division will make appropriate notifications to the Board of Elections


executive office.

RELATED Primary, General and Special Election Day Duties Prior to Opening of Polls (P.G. 212-86)
PROCEDURES Primary, General and Special Election Day Duties While Polls are Open (P.G. 212-87)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-90

GUIDELINES FOR INTERACTION WITH LIMITED ENGLISH


PROFICIENT (LEP) PERSONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/10/18 12/10/18 1 of 6

PURPOSE To provide interpretation/translation services for members of the public in the


field and at Department facilities.

SCOPE Accurate interpretation/translation of foreign languages is important to providing


police services. In furtherance of this, the Department provides two enhanced
communication capabilities entitled, “Language Line Service” and “Language
Initiative Program” for members of the service to accurately communicate with
the diverse non-English speaking communities of New York City and enhance
criminal investigations and intelligence gathering. This procedure is limited to
the use of foreign language interpretation/translation services. When a member of
the service has cause to interact with an individual who is hearing impaired, the
provisions of P.G. 212-104, “Interaction with Hearing Impaired Persons,”
should be followed.

DEFINITIONS BILINGUAL MEMBER OF THE SERVICE – An employee who is able to


communicate effectively in a foreign language, or American Sign Language, in
addition to English.

CERTIFIED DEPARTMENT INTERPRETER – A member of the service who


has been tested and certified as being proficient in a foreign language, or
American Sign Language.

EXIGENT CIRCUMSTANCES – Situations requiring immediate action, such as


a threat to life, safety, property, fleeing suspect, or the potential loss or
destruction of evidence (e.g., physical loss of property, witness or victim, etc.).

INTERPRETATION – The act of listening to something in one language and


orally translating it into another language.

LANGUAGE INITIATIVE PROGRAM – A corps of interpreters who can be


called upon to interpret or translate foreign languages for investigative or other
police purposes. Interpreters from the Language Initiative Program may be
requested by contacting the Operations Unit.

LANGUAGE LINE SERVICE – A certified interpreter can be accessed twenty-


four hours a day/seven days a week via the Language Line Service on a
Department cellular telephone or the dual handset telephone located in every
precinct complaint room, detective squad, police service area (PSA) and transit
district complaint room.

LIMITED ENGLISH PROFICIENT (LEP) – Refers to those individuals whose


primary language is not English and who are unable to effectively read, write,
speak or understand English.

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DEFINITIONS TRANSLATION – The replacement of a written text from one language into an
(continued) equivalent written text in another language.

PROCEDURE When a member of the service encounters a Limited English Proficient (LEP)
person(s) and the services of an interpreter are necessary:

MEMBER OF 1. Determine the primary language of the LEP person(s) through any of the
THE SERVICE following:
a. Present the poster entitled “FREE INTERPRETATION SIGN
(SP 487),” ACTIVITY LOG (PD112-145) inserts entitled “I
SPEAK… (PD112-121)” and “PRIMARY LANGUAGE
IDENTIFIER (PD312-091),” or the card entitled “PRIMARY
LANGUAGE IDENTIFIER – DETECTIVE BUREAU
(PD312-091A),” as appropriate, to the LEP person(s) and
encourage him/her to indicate the language needed, or
b. Contact Language Line Service for assistance, or
c. Ascertain the LEP person(s)’ country of origin, if necessary, and
request the Operations Unit research the language spoken in that
country.
2. Determine if a bilingual member of the service is readily available (on
scene, on duty within command, etc.) to interpret and whether his/her use
is appropriate. Preference should be given to a readily available certified
Department interpreter.

NOTE The Department encourages members of the service who possess language skills to use
their ability to speak a foreign language during the course of their work. The use of
bilingual members as interpreters allows the Department to provide the public with a
more timely and personalized response while simultaneously reducing inconvenience to
LEP person(s).

A bilingual non-certified member of the service may interpret in non-domestic violence


related incidents if he or she reasonably believes that his or her level of language
proficiency is sufficient to accurately interpret given the totality of the circumstances
surrounding the LEP person’s interaction with the police. In domestic violence
incidents, officers must use a certified Department interpreter or the Language Line
Service to verify the details of the domestic violence incident.

If at any time during the interpretation the member determines that his/her level of
language proficiency is insufficient to complete the interpretation, the Language Line
Service or a certified Department translator must be used.

3. If a bilingual member of the service is not readily available, but a


bilingual member of the public is readily available, determine whether the
individual is willing to interpret, and whether his/her use is appropriate.
a. Document bilingual member of the public’s contact information,
if utilized, in ACTIVITY LOG (PD112-145).

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NOTE There are many exigent circumstances when the Department may need to utilize
bilingual members of the public to assist in providing immediate services to LEP
person(s). In addition, it may also be appropriate to use a bilingual member of the
public to interpret during a non-emergency encounter if the use of such an interpreter
will expedite the delivery of police services without adversely impacting the quality of
the services provided.

When considering whether to use a bilingual member of the public, the member of the
service should weigh four factors to determine if the use of the non-member of the
service interpreter is appropriate:

a. The nature and importance of the police services being provided


b. The apparent capacity of the interpreter
c. The apparent impartiality of the interpreter
d. The sensitivity/confidentially of the topic.

Members of the service are reminded that bystanders are not required to follow
Department guidelines/procedures. They cannot be prevented from sharing information
learned during the course of the interpretation with third parties. Bystanders may
inadvertently compromise an ongoing investigation. Accordingly, bystanders should be
used as a last resort in investigations regarding alleged criminal incidents. Moreover,
information obtained via a bystander in a criminal investigation should be verified using
a certified Department or Language Line Service interpreter to confirm information
obtained, whenever practical.

During domestic violence incidents, members of the service should avoid using
bystanders and family members to interpret in order to preserve privacy and minimize
the risk of faulty interpretation due to fear of arrest of a family member or other
personal biases. They may be temporarily used for interpretation to stabilize the scene
and gather preliminary information. However, responding officers must use a certified
member of the service or the Language Line Service to verify the details of the domestic
violence incident before finalizing the job.

The alleged offender in any type of incident, including domestic violence, should not be
used as an interpreter. Using an alleged offender to interpret may increase the risk of
purposeful misinterpretation and gives him or her control of the situation. As with all
interviews, to the extent possible, the victim and offender should be interviewed
separately and in a private setting. Victims may be reluctant to reveal details of an
incident if the victim believes the offender may overhear the statement.

As possible victims or witnesses to an incident, a child should be interviewed; however,


whenever feasible, a child should not be used as an interpreter for any kind of police
incident, including domestic violence. Some words and concepts are difficult for a child
to understand and translate into another language. Interviewees are not likely to be
forthcoming if a child is used to interpret and will be especially hesitant to reveal details
of a sexual assault to a police officer through a child.

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IF THE LANGUAGE LINE SERVICE IS REQUIRED IN THE FIELD:

MEMBER OF 4. Utilize a Department cellular phone to access the Language Line Service.
THE SERVICE

NOTE In many cases, other than for ongoing investigations and document translation, an
efficient method of obtaining interpretation services is through the use of the Language
Line Service. Therefore, uniformed members of the service MUST have the Department
issued cellular telephone easily accessible at all times while on patrol.

The use of a speaker-phone feature can enhance the effectiveness of the Language Line
Service interpretation and eliminate the need for the LEP individual to handle the
telephone. Members of the service are cautioned that utilizing the speaker-phone feature
may enable others to listen in on the communication. Members of the service should take
precautions to prevent third parties from overhearing the conversation.

IF THE LANGUAGE LINE SERVICE IS UTILIZED AT A DEPARTMENT


FACILITY:

DESK 5. Direct a member of the service to access the Language Line Service via
OFFICER/ the dual handset telephone. If the dual handset is not available, direct
SUPERVISOR member of the service to access the Language Line Service from any
telephone including a Department cellular phone.

MEMBER OF 6. Utilize the dual handset telephone to access the Language Line Service
THE SERVICE whenever possible as it maximizes privacy.

NOTE Any telephone, including a Department cellular phone, with its speaker phone feature
may be used to access the Language Line Service.

IF THE LANGUAGE INITIATIVE PROGRAM IS UTILIZED:

MEMBER OF 7. Advise immediate supervisor of the need for an interpreter/translator.


THE SERVICE

SUPERVISOR, 8. Notify the Operations Unit and request available interpreter/translator.


MEMBER OF Supply as much of the following information as possible:
THE SERVICE a. Whether or not emergency circumstances exist
CONCERNED b. Name of language and specific dialect
c. Whether request is for speaking, reading or writing ability
d. Name and callback number, if possible.

NOTE The Department’s certified interpreter list is available through the Operations Unit
twenty-four hours a day/seven days a week.

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OPERATIONS 9. Ascertain from available database a list of all registered translators and
UNIT MEMBER interpreters.
10. Contact a registered interpreter/translator and advise him/her of the need
for his/her services.
11. Instruct member of the service selected to call the on-scene supervisor to
ensure linguistic ability is adequate for the situation at hand.
12. Notify the Intelligence Bureau, Criminal Intelligence Section of all
inquires made into the Language Initiative Database.

NOTE Operations personnel should seek to rely on the foreign language skills of those
personnel who are certified as being proficient in the foreign language requested.

Preference shall be given to the use of on-duty members. If no certified Department


interpreter is available within the precinct, a certified Department interpreter who is
available within the borough should be sought.

In routine or non-emergency situations, the duty captain or commanding officer of the


requesting supervisor will review and authorize any request which will result in
overtime or recall of an off-duty member of the service. In emergency circumstances,
overtime or recall of an off-duty member of the service will be authorized by the
Operations Unit supervisor.

SUPERVISOR, 13. Verify with the member of the service that he or she is able to
MEMBER OF communicate in the language requested.
THE SERVICE 14. If the selected member of the service is not suitable, request Operations
CONCERNED Unit to identify another interpreter/translator.

OPERATIONS 15. Authorize response of interpreter/translator by notifying member of the


UNIT service and his/her desk officer or counterpart.

SUPERVISOR 16. Submit a brief report, in triplicate, on Typed Letterhead to Chief of


REQUESTING Personnel, and include the following:
INTERPRETER/ a. Identify member of the program utilized
TRANSLATOR b. Describe translation/interpretation duties performed
c. Indicate actual time spent on such duties
d. Specify any noteworthy performance or initiative, and whether
member demonstrated any other special aptitude or ability.

NOTE A notification to the Operations Unit is required when certified Department interpreters
are utilized by their own commands (“in-house” translations) to interpret or translate in
the course of police duties.

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IN ALL CASES WHEN AN INTERPRETER IS USED:

MEMBER OF 17. Record the identity of an interpreter (bilingual member of the service,
THE SERVICE bilingual member of the public, Language Line Service, or a certified
Department interpreter) utilized during a police incident in ACTIVITY
LOG. In addition, indicate the identity of the interpreter on any relevant
Department record prepared (COMPLAINT REPORT WORKSHEET
[PD313-152A], ON LINE BOOKING SYSTEM ARREST
WORKSHEET [PD244-159], New York State Domestic Incident
Report [DCJS-3221], etc.) under the appropriate captions or in the
Details/Narrative section, as appropriate.

ADDITIONAL When determining whether or not the person requires language assistance services, the
DATA member of the service must consider both the nature and importance of the police
services being provided in addition to the person’s apparent capacity to comprehend
and communicate in English. A person who is considered LEP may require
interpretation or translation services in one situation, but may not require those services
in a different situation. For example, a person with a limited ability to understand
English may be able to interact effectively with the police at the scene of a motor vehicle
collision, but not be able to interact effectively with the police during a homicide
investigation, due to the complex characteristics and intricacies of such an incident. If
doubt exists regarding whether a person requires language assistance services, or if the
person requests an interpreter, the person should be considered LEP and this procedure
complied with.
Unit commanders should consider the members’ certification or qualification status
whenever members are utilized to translate or interpret. Members being assigned to
perform interpretation for investigative assignments (e.g., wiretaps, interviews,
debriefings, custodial interrogations, etc.) or translation duties should be certified
Department interpreters. Whenever interpretation for an investigative assignment or
translation skills are required, supervisors should consult the Department list of
certified interpreters at the precinct or through the Operations Unit to determine if a
certified member is available to perform the needed duties. It is recommended that
certified members of the Language Initiative Program be used for custodial
interrogations. However, not every language is represented under the Language
Initiative Program. Use of non-certified members for investigative assignments in non-
emergency situations must be approved by a uniformed supervisor.
RELATED Interaction with Hearing Impaired Persons (P.G. 212-104)
PROCEDURES Requests for U Visa Certifications and/or T Visa Declarations (P.G. 212-111)
FORMS AND ACTIVITY LOG (PD112-145)
REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A)
FREE INTERPRETATION SIGN (SP 487)
I SPEAK… (PD112-121)
ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
PRIMARY LANGUAGE IDENTIFIER (PD312-091)
PRIMARY LANGUAGE IDENTIFIER – DETECTIVE BUREAU (PD312-091A)
New York State Domestic Incident Report (DCJS-3221)
Typed Letterhead
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
Section: Command Operations Procedure No: 212-91

DEPARTMENT REQUESTS FOR NEW YORK CITY TRANSIT BUSES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide procedures for requesting New York City Transit buses to be used for
police purposes.

SCOPE New York Transit makes its buses available to the Department for use in a
variety of situations. The assignment of buses may be scheduled ahead of time
for use in such planned activities as arrest sweeps or homeless transports. Buses
may also be requested as needed for use in responding to an emergency, where
they can serve as transportation to hospitals for large numbers of aideds suffering
from minor injuries, shelter for victims of disasters and staging/rest locations for
emergency responders, etc.

PROCEDURE To request the use of New York City Transit buses in future planned operations,
or in unplanned emergency operations:

COMMANDING 1. Make request to appropriate Patrol, Transit or Housing Borough.


OFFICER/
COUNTERPART

IF FUTURE PLANNED OPERATION

COMMANDING 2. Prepare written request to the Commanding Officer of the Operations


OFFICER/ Unit specifying the following:
COUNTERPART a. The nature of the activity
b. The time and date of the activity
c. The location where the bus is to be used
d. Whether a New York City Transit bus operator is needed or
whether the bus will be driven by a member of the service.
3. Forward request to borough commander.

BOROUGH 4. Endorse approved request and forward to Operations Unit.


COMMAND
CONCERNED

IF UNPLANNED EMERGENCY OPERATION

COMMANDING 5. Telephone request to appropriate Borough Command.


OFFICER/ a. Provide the information as described in step 2a., above.
COUNTERPART

BOROUGH 6. Upon approval, forward telephone request directly to the Operations Unit.
COMMAND
CONCERNED

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OPERATIONS 7. Forward requests for New York City Transit buses to the New York
UNIT MEMBER City Bus Command Center.
CONCERNED a. Provide the information as described in step 2a., above.

NOTE The New York City Transit Bus Command Center will make the necessary arrangements
for securing the requesting bus or buses. The Bus Command Center will notify the
Operations Unit when the arrangements are complete, and the Operations Unit will then
relay the information to the requesting Borough.

ADDITIONAL When possible, requests for buses should be made sufficiently in advance to allow the
DATA time necessary for making arrangements, scheduling New York City Transit bus drivers,
etc. It is often difficult for New York City Transit to supply buses for use during rush
hours without adversely affecting regular bus service. Consequently, when a choice is
available, the off-peak usage of buses is recommended.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-98

HOUSING BUREAU CLOSED CIRCUIT TELEVISION PATROL


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/04/17 01/04/17 1 of 9

PURPOSE To establish a uniform system for effective video patrol that is to be utilized for the
operation of closed circuit television (CCTV) systems located in public housing
developments.

DEFINITIONS CCTV INCIDENT - Any activity or occurrence, which is, or may be in a CCTV
viewing area that requires response of police personnel or further investigation.

INVASIVE VIDEO PATROL - The viewing of areas unable to be seen under normal
circumstances by an officer in the field.

PAN, TILT, AND ZOOM CONTROL (PTZ) - Three terms associated with CCTV
cameras to indicate the horizontal (pan), vertical (tilt), and magnification (zoom)
capabilities.

VIPER - An acronym for CCTV monitoring stations: (Video-Interactive, Patrol,


Enhanced, Response).

WORKSTATION - A desktop computer terminal that is dedicated exclusively to the


monitoring of CCTV cameras in a specific public housing development.

VIDEO MANAGEMENT SYSTEM - Computer software accessed via a workstation


that is used to control and review all video recordings captured by CCTV cameras
monitored by VIPER personnel.

VIDEO PRINTER - A device used to provide still photographs of a video event.

DIGITAL VIDEO RECORDER (DVR) - A device that accepts video signals from a
video camera and records the image on a computer hard drive.

DIGITAL RECORDING SYSTEM - A CCTV system that records images on the


hard drive of a digital video recorder.

ELECTRONIC DATA STORAGE DEVICE - Any medium that is capable of storing


electronic data (e.g., DVD, USB flash drive, cloud based storage, etc.).

PROACTIVE VIDEO PATROL - The frequent use of both fixed and pan tilt zoom
cameras to actively monitor locations for crimes/violations in progress, potential
criminal activity or quality of life conditions and any circumstance that may affect
the safety and security of the community.

POST-INCIDENT REVIEW - The use of recorded image to examine the


circumstances of a VIPER incident.

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DEFINITIONS VIDEO PATROL OFFICER - Uniformed member of the service assigned to view
(continued) monitors at a VIPER base.

VIDEO PATROL LOG - A single log book (similar to a Command Log) maintained
by a VIPER command and utilized for the documentation of all required entries that
pertain to the overall operation of that command.

LICENSE PLATE CHECK LOG - A log book, unique to a specific workstation,


used to document all license plate checks conducted by a video patrol officer.

VIDEO MAINTENANCE LOG - A log book, unique to a specific workstation, used


to document the condition of all VIPER cameras dedicated to a specific public
housing development.

VIDEO REQUEST LOG - A single log book maintained by a VIPER command used
to document all requests for video evidence recorded by cameras under the
observation of personnel assigned to that command.

CLOSED CIRCUIT TELEVISION INCIDENT REPORT (PD313-1514) - A


form completed for all CCTV incidents (e.g., crimes, arrests, malfunctioning
equipment, etc.).

CLOSED CIRCUIT TELEVISION INCIDENT REPORT LOG - A single log book


maintained by a VIPER command used to document the completion of CLOSED
CIRCUIT TELEVISION INCIDENT REPORTS.

PROCEDURE When uniformed members of the service assigned to video patrol engage in CCTV
monitoring functions and document the occurrence of a CCTV incident used in the
CCTV monitoring process:

VIDEO PATROL - DUTIES AND RESPONSIBILITIES

VIDEO 1. Monitor video screens to identify:


PATROL a. Crimes/violations in progress
OFFICER b. Wanted/suspicious persons
c. Quality of life conditions
d. Individuals that require medical attention, and
e. Any other incident requiring police response.
2. Monitor portable radio to determine whether a call for service affects a CCTV
viewing area.
3. Do not view windows of private dwellings or the interior of private dwellings
or any place where a civilian has a reasonable expectation of privacy.
4. Taking photographic images of citizens for non-police related reasons is
strictly prohibited.
5. Acknowledge all camera and motion detector alarms and take appropriate
action as necessary.
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VIDEO 6. Contact command concerned by telephone for conditions not requiring


PATROL immediate attention.
OFFICER 7. Utilize radio or “911” notifications for emergency conditions.
(continued) 8. Be familiar with crime conditions and persons wanted for past crimes within
area of responsibility.
9. Report suspected criminal activity as per P.G. 207-08, “Preliminary
Investigation of Vice, Narcotics or Organized Crime Related Complaints”
and P.G. 212-12, “Citywide Intelligence Reporting System.”
NOTE Record in the Video Patrol Log, and on the CLOSED CIRCUIT TELEVISION INCIDENT
REPORT (PD313-1514), the Intelligence Bureau log number and the name of the
Intelligence Bureau member notified.

10. Ensure that the ambient temperature at the VIPER base rises no higher than
80 degrees Fahrenheit.
NOTE If the VIPER base ambient temperature rises above 80 degrees Fahrenheit, immediately
notify the Technical Assistance Response Unit (TARU) - CCTV Unit. Prepare a CLOSED
CIRCUIT TELEVISION INCIDENT REPORT to document the incident.

11. Maintain Video Patrol Log in a plain, Command Log style, bound book.
12. Contact the precinct concerned on a daily basis during the first hour of tour
when assigned to the 2nd platoon.
a. Ensure all COMPLAINT REPORTS (PD313-152) affecting areas of
surveillance are forwarded to the CCTV base.
b. Document inquiry in the Video Patrol Log.
13. Utilize COMPLAINT REPORTS to conduct comprehensive post incident
review of video incidents as necessary.
14. Monitor radio calls for service occurring within area of responsibility.
15. Record daily activity in ACTIVITY LOG (PD112-145).
16. Conduct camera and DVR inspections each hour and make required entries in
Video Maintenance Log.
a. Enter number of properly functioning cameras and DVRs.
b. Indicate whether any equipment is deficient and notify the TARU -
CCTV Unit, 24 hours a day, 7 days a week.
(1) Ensure CLOSED CIRCUIT TELEVISION INCIDENT
REPORT is prepared when there is an equipment deficiency
and then faxed to the TARU - CCTV Unit, and the Housing
Bureau Wheel.
NOTE The CLOSED CIRCUIT TELEVISION INCIDENT REPORT is utilized to record any CCTV
incident or equipment malfunction.

17. Permit only trained UMOS to utilize the CCTV equipment.


18. Utilize Pan Tilt Zoom (PTZ) cameras to conduct a minimum of two license
plate inquiries per hour, at least sixteen per tour, on vehicles located in areas
within the vicinity of the development.
19. Record result of license plate inquiries in the License Plate Check Log.

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NOTE A separate License Plate Check Log should be utilized for each housing development
monitored.

VIDEO 20. Provide recorded video/photographic materials to arresting/investigative


PATROL member of the service for official Department use only.
OFFICER a. Document each request on a CLOSED CIRCUIT TELEVISION
(continued) VIDEO/PHOTO RECEIPT (PD313-170), in the Video Patrol Log
and Video Request Log.
(1) Provide copy of CLOSED CIRCUIT TELEVISION
VIDEO/PHOTO RECEIPT to requesting member.
(2) Ensure requesting member signs Video Request Log.

NOTE When downloading video/photographic evidence, ALL efforts must be made to have a full
duty uniformed member of the service (e.g., case detective/responding officer/vouchering
UMOS) present when downloading evidence. This will positively impact availability of
UMOS for court, personnel hearings, and criminal trials.

21. Assist investigative units in presenting video/photographic material to crime


victims and witnesses.
22. Sign Video Patrol Log at beginning and end of tour.
23. Do not release video material to anyone outside the Department.

NOTE The District Attorney’s Office will have access to video for the purposes of criminal
prosecution through the investigating/arresting officer.

VIDEO 24. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT in the


PATROL event of a CCTV incident.
SUPERVISOR

NOTE Visiting supervisors are required to sign the Video Patrol Log.

25. Ensure proper maintenance of the:


a. Video Patrol Log
b. License Plate Check Log
c. Video Request Log
d. Video Maintenance Log
e. Closed Circuit Television Incident Report Log.
26. Ensure:
a. At least one video patrol officer is assigned on post, at all times, to
monitor the video equipment
NOTE Two officers are to be assigned on post when available.

b. That video patrol officers utilize PTZ cameras to conduct a minimum


of two license plate inquiries per hour (at least sixteen per tour) on
vehicles located in areas within the vicinity of the development
c. Report suspected criminal activity as indicated in step 9 above

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VIDEO d. All intelligence referrals are recorded on the weekly VIPER Activity
PATROL report and in the Video Patrol Log
SUPERVISOR e. That all video/recording equipment is kept clean and serviceable.
(continued)

NOTE No food or beverages will be consumed in the immediate vicinity of any CCTV equipment.

27. Conduct random checks of recordings from PTZ cameras to ensure video
patrol officers are actively monitoring all viewing areas.
28. Review at least one half hour of recorded video from PTZ cameras each tour
to ensure that cameras are being used in a non-invasive manner by video
patrol officers.

NOTE Supervisory reviews of recorded video will be documented in the Video Patrol Log and will
include the name(s) of the video patrol officer(s) who was/were monitoring the system for the
portion of the recording that was reviewed. The camera number, date, and block of time will
also be included. Each uniformed member assigned to monitor CCTV cameras will have
his/her recordings reviewed at least once each week. Any violations discovered by a
supervisor will be reported to the Chief of Housing on Typed Letterhead.

29. Inspect CLOSED CIRCUIT TELEVISION INCIDENT REPORTS for


completeness and accuracy.
30. Develop and maintain a:
a. Liaison with the Police Service Area intelligence officer and crime
analysis personnel
b. Crime information center within the VIPER base.

NOTE All crime information/photos gathered from the PSA intelligence officer and other units will
be displayed and updated to remain current.

DOCUMENTING THE OCCURRENCE OF A CCTV INCIDENT

VIDEO 31. Request the Communications Section, by radio, to assign an emergency


PATROL incident to an available resource.
OFFICER a. The command concerned will be notified of non-emergency incidents.

NOTE Incidents, which are captured live by VIPER personnel, should also be bookmarked utilizing
the archive feature within the video management system.

32. Ensure that the incident was bookmarked within the video management
system.
33. Notify the Housing Bureau Wheel of all significant CCTV incidents.
34. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT.
35. Fax copy of CLOSED CIRCUIT TELEVISION INCIDENT REPORT to the:
a. Housing Bureau Wheel,
b. TARU - CCTV Unit, and
c. Overhead command concerned.

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NOTE CLOSED CIRCUIT TELEVISION INCIDENT REPORTS will be numbered beginning with the
number one each calendar year and preceded by the year in which they were completed (e.g., 2016-
0001). A record of the CLOSED CIRCUIT TELEVISION INCIDENT REPORTS will be
maintained in a plain bound book (see ADDITIONAL DATA statement under heading, “THE
CLOSED CIRCUIT TELEVISION INCIDENT REPORT LOG” for directions).

VIDEO 36. Notify the precinct detective squad of any incident requiring further
PATROL investigation and make appropriate entry in the Video Patrol Log.
OFFICER
(continued)

NOTE Recordings containing acts that constitute a crime will be invoiced by the arresting or
investigating officer/detective.

37. Release video via electronic data storage device to an arresting/investigative


member of the service only after member:
a. Prepares a CLOSED CIRCUIT TELEVISION VIDEO/PHOTO
RECEIPT including an invoice number, and
b. Completes the appropriate captions in, and signs the Video Request Log.

NOTE Intentional obstruction of a viewing area and/or vandalism to a camera is a criminal act and
is to be considered a CCTV incident.

VIDEO 38. Evaluate requests for recordings and provide to requesting member, if
PATROL deemed appropriate.
SUPERVISOR 39. Make proper notifications, if the incident is of an unusual nature.
40. Ensure that video patrol officers properly document CCTV incidents.

DUTIES OF NON-VIPER PERSONNEL

PSA CRIME 41. Check that all VIPER personnel have received area maps indicating where the
ANALYSIS most current narcotic and gun arrests have been made within their appropriate
PERSONNEL housing area.
a. List all identifiable crime patterns or trends along with relevant data on
the bottom of the map.
b. Distribute maps to all VIPER personnel no later than 1200 hours on
Tuesday of each week.
42. Generate a specific “Tip Sheet” for housing developments equipped with
CCTV and contiguous areas.

NOTE “Tip Sheets” will include crime patterns, locations, descriptions/photos of suspects, and any
other information that will aid VIPER personnel in fighting crime and gathering intelligence.

PSA CRIME 43. Establish a liaison with VIPER supervisors to ensure relevant crime
INTELLIGENCE information is exchanged in an expeditious and accurate manner.
OFFICER

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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ADDITIONAL THE VIDEO PATROL LOG


DATA
The Video Patrol Log will contain two columns and will be utilized for making required
entries. The first column will record the time of the entry. The second column will briefly
describe the incident, as appropriate, and be used to record final dispositions, notifications
and invoice numbers. A double line will be drawn across the page under the last entry for
the twenty-four hour period ending at 2400 hours. Before the first entry is made for the next
day, the day and date will be entered and underlined. Entries will be made as follows:
a. Equipment inspections - hourly camera and recording equipment inspections (also to
be documented in the Video Maintenance Log)
b. Hourly inspection of temperature within the VIPER base (also to be documented in
the Video Maintenance Log)
c. Detailed account of CCTV incidents to include rank, name, and shield number of
video patrol officer on post; date, time and exact location of incident; type of
incident; action taken; unit responding and/or 911 operator notified; preparation of
CLOSED CIRCUIT TELEVISION INCIDENT REPORT
d. Notifications (also to be documented on a CLOSED CIRCUIT TELEVISION
INCIDENT REPORT)
e. Uniformed members reporting on and off duty
f. Uniformed members present on post
g. Uniformed members leaving post for any reason, immediately followed by entry of
relieving officer
h. Equipment problems/malfunctions (also to be documented in the Video Maintenance
Log)
i. Requests for review of recordings by other units
j. Visits by authorized personnel.

THE LICENSE PLATE CHECK LOG

Label the cover of a separate bound book with the appropriate VIPER base number and the
name of the housing development for which the checks are being conducted. This log should
capture all license plate checks conducted by VIPER command personnel. Headings across
a single page will read as follows:

PAGE HEADINGS
TOUR TIME PLATE STATE LOCATION CAMERA# RESULT MOS

THE CLOSED CIRCUIT TELEVISION INCIDENT REPORT LOG

Label the cover of a separate bound book with the appropriate VIPER base number and the name
of all the housing developments covered. All CLOSED CIRCUIT TELEVISION INCIDENT
REPORTS should be documented here. Headings across a single page will read as follows:

PAGE HEADINGS
INCIDENT DESCRIPTION OF
DATE TIME LOCATION
REPORT# OCCURRENCE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-98 01/04/17 8 of 9

ADDITIONAL THE VIDEO MAINTENANCE LOG


DATA
(continued) Label the cover of a separate bound book with the appropriate VIPER base number and the
name of the housing development. The condition of all equipment monitored and the results
of hourly equipment inspections by VIPER personnel should be documented here.

THE VIDEO REQUEST LOG

Label the cover of a separate bound book with the appropriate VIPER base number and the
name of all housing developments that are monitored by its personnel. Headings across the
top of two consecutive pages will read as follows:

LEFT PAGE HEADINGS


DATE
TYPE OF MOS MOS
DVD# LOG# BARCODE DVD
INCIDENT RENDERING REQUESTING
BURNED
RIGHT PAGE HEADINGS
DATE
PICKED UP MOS
PICKED COMMAND SIGNATURE DETAILS
BY ISSUING
UP

REQUESTS FOR RECORDED VIDEO/PHOTOGRAPHIC MATERIALS

Requests for recorded video/photographic materials made by other than the


arresting/investigative member must be accompanied by a Typed Letterhead, directed to
“CCTV Supervisor Concerned,” indicating name of requesting member, tax number,
command, command’s telephone number, and official reason for request. The request must
be evaluated by the supervisor concerned. If the request is granted, a CCTV
VIDEO/PHOTO RECEIPT will be prepared and a copy given to the requesting member. In
addition, appropriate entries shall be made in the Video Request Log, as required.

CCTV TROUBLESHOOTING

In the event that viewing is blocked or significantly obstructed on any CCTV monitor due to
vandalism, technical difficulty, accidental damage, or video recording ceases on any
recorder or an error message appears on video equipment, it is imperative that the condition
be corrected expeditiously. Therefore, if these conditions occur it is the responsibility of the
VIPER Unit to make an immediate notification to Technical Assistance Response Unit -
CCTV Unit.

Under NO circumstances will any member of the service not assigned to the Technical
Assistance Response Unit conduct any repairs on CCTV equipment.

"HANDSCHU" GUIDELINES

Members of the service should refer to P.G. 212-71, “Guidelines for the Use of
Video/Photographic Equipment by Operational Personnel at Demonstrations” concerning
First Amendment political activity and the "Handschu" consent decree guidelines.

NEW  YORK  CITY  POLICE  DEPARTMENT


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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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RELATED Preliminary Investigation of Vice, Narcotics or Organized Crime Related Complaints (P.G.
PROCEDURES 207-08)
Citywide Intelligence Reporting System (P.G. 212-12)
Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at
Demonstrations (P.G. 212-71)

FORMS AND CLOSED CIRCUIT TELEVISION INCIDENT REPORT (PD313-1514)


REPORTS COMPLAINT REPORTS (PD313-152)
ACTIVITY LOG (PD112-145)
CLOSED CIRCUIT TELEVISION VIDEO/PHOTO RECEIPT (PD313-170)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-99

AMBER ALERT SYSTEM


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To provide rapid and widespread dissemination of information in the event of


child abduction with special circumstances, the Amber Alert program has been
adopted.

DEFINITION AMBER ALERT SYSTEM: Amber Alert is a statewide response program targeting the
abduction of children during which life-threatening circumstances are suspected. An
Amber Alert may be activated whether the child was abducted by vehicle, on foot, or by
any other means. The protocol for determining whether a case qualifies for an Amber
Alert is as follows:
a. The child must be 17 years old or younger, AND,
b. Police must believe that the child is in imminent danger of serious bodily harm or
death, either at the hands of another or due to proven mental or physical disability.

PROCEDURE When responding to a report of a missing child and information received


indicates that the case may qualify for an Amber Alert:

UNIFORMED 1. Comply with appropriate missing persons procedures.


MEMBER OF 2. Request the response of the Patrol Supervisor.
THE SERVICE 3. Notify Desk Officer and request response of Precinct Detective Squad supervisor.

NOTE Patrol supervisor will implement Missing Person/Special Category procedure and/or
Mobilization as necessary, depending on the details of the situation.

DESK OFFICER 4. Request Precinct Detective Squad supervisor to respond to the scene of the
abduction.

PRECINCT 5. Conduct a preliminary investigation and ascertain if abduction may fit criteria
DETECTIVE for activation of Amber Alert system.
SQUAD a. Notify Detective Bureau Duty Captain, if abduction meets criteria
INVESTIGATOR for the activation of an Amber Alert.
/SUPERVISOR b. Request that Detective Bureau Duty Captain respond to the scene.

NOTE Only a Captain or above from the Detective Bureau may request activation of the Amber
Alert System through the New York State Police Communications Section.

DETECTIVE 6. Notify New York State Police of a possible Amber Alert through the New
BUREAU, York State Police Communications Section.
DUTY 7. Notify Operations Unit of details. If it is believed that the abductor and missing
CAPTAIN child may be traveling via public transportation, request Operations personnel to
notify the Transit Bureau Wheel.
a. Notify NYPD Communications Section and have description of abducted
child disseminated over each Department radio division.

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DETECTIVE b. Have Communications Section personnel read the following message over
BUREAU, each Department radio division if a vehicle is involved in the abduction:
DUTY “The following vehicle is wanted in connection with a New York
CAPTAIN State Amber Alert (Provide license plate number and description
(continued) of vehicle). Personnel assigned to Department vehicles equipped
with the License Plate Reader System are instructed to manually
enter this plate number in order to expedite the search for this
vehicle.” (Repeat license plate number and description of vehicle).
8. Notify Major Case Squad.
9. Direct that precinct detective squad member:
a. Notify Missing Persons NCIC Unit and request that a NCIC File 6
be completed and transmitted.
b. Notify Inter-City Correspondence Unit to generate a NYSPIN File
11A (Abduction Message) to ensure that other law enforcement
agencies are aware of the abduction and related details.
(1) Fax completed Amber Alert Submission form along with a
cover sheet including the notifying member’s rank, name,
tax #, command and callback number.
c. Prepare and immediately fax the following form to the New York
State Police:
(1) Amber Alert Submission Form
d. Conduct follow-up phone call to New York State Police to
confirm receipt of fax.

ADDITIONAL When sending photographs via E-Mail to the New York State Police, attach only ONE
DATA photograph to each E-Mail. Each additional photograph should be sent in a separate E-
Mail.

The Amber Alert Submission Form should also be faxed to the Traffic Management
Center, IF a vehicle description and a plate number are available. Once confirmation of
activation is received from New York State Police Communications Section, the Traffic
Management Center will initiate the use of Variable Message Signs throughout the
metropolitan area.

In the event that the child is recovered or the case is determined to no longer qualify
(i.e., false report, determined to be a custodial situation), immediately notify the New
York State Police in writing (by fax) so that a cancellation may be broadcast.
Cancellations will be broadcast only if requested within eight hours of the original
activation request. They will be brief and will not include any information about the
status of the child or the case. Cancellations required after the eight hour period can be
accomplished via normal media notification through the Deputy Commissioner, Public
Information. The Detective Bureau Duty Captain will ensure that Amber Alerts are
canceled in the proper manner.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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ADDITIONAL When investigation assistance is requested by another agency concerning an Amber


DATA Alert, the requesting agency will be directed to contact the Detective Bureau, Major
(continued) Case Squad or if unavailable, the Detective Bureau Wheel. All requests for broadcast
of an Amber Alert will be referred to the New York State Police Communications
Section.

While most runaway and abductions by non-custodial parents do not qualify, individual
consideration may be given, depending on case circumstances. Activation should be
requested within the shortest period of time possible following an abduction, but not
before a preliminary investigation has been conducted. In most instances activation will
not be practical if an extended period of time has passed since the disappearance. Inter-
agency cooperation and assistance will greatly enhance the effectiveness of this tool.

The office of the Deputy Commissioner, Public Information is available on a 24 hour x


7-day basis concerning cases NOT ELIGIBLE for Amber Alerts or as needed by
members of the service. D.C.P.I. has the ability to simultaneously notify a variety of
local and national media outlets in cases where the immediate assistance of or
notification to the public is deemed necessary.

RELATED Missing Persons (P.G. 207-23)


PROCEDURES Apprehension Plan (P.G. 213-12)

FORMS AND Amber Alert Submission Form (NYS)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-100

AUXILIARY POLICE SUPERVISION AND


DEPLOYMENT OF PERSONNEL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/23/15 10/23/15 1 of 3

PURPOSE To ensure proper supervision and deployment of auxiliary police personnel on


patrol.

DEFINITIONS COMMAND AUXILIARY POLICE COORDINATOR - uniformed member of


the service assigned to oversee the Auxiliary Police Program within a precinct,
police service area, transit district, harbor or highway unit.

ALTERNATE COMMAND AUXILIARY POLICE COORDINATOR - A


uniformed member of the service selected, in advance for training purposes, by
the commanding officer to perform the above duties when the command
auxiliary police coordinator is not working.

PROCEDURE When deploying auxiliary police personnel assigned to a precinct, police service
area, transit district, harbor or highway unit:

COMMAND 1. Assemble auxiliary police officers for roll call, when practical.
AUXILIARY 2. Conduct roll call as per P.G. 212-01, “Roll Call Formations.”
POLICE 3. Inspect the platoon.
COORDINATOR/ a. Allow members assigned to patrol duty to reasonably demonstrate
ALTERNATE that a protective vest is being worn
COMMAND b. List members deficient in uniform, equipment or personal
AUXILIARY appearance
POLICE c. Reprimand and instruct deficient members privately
COORDINATOR d. Follow up to determine if corrections have been made and take
disciplinary action if necessary.

NOTE Upon notification that a protective vest inspection will be conducted by the command
auxiliary police coordinator/alternate command auxiliary police coordinator, it is
incumbent on the member concerned to take appropriate actions to demonstrate that a
protective vest is being worn. Such actions may include, but are not limited to:
a. Raising, removing, unbuttoning top garment so as to expose the
protective vest, to visual inspection, OR
b. Patting on the front and rear of the protective vest so as to produce a
sound, OR
c. Any other manner which will indicate to the command auxiliary police
coordinator/alternate command auxiliary police coordinator that the
protective vest is being worn.
Auxiliary members are reminded that only authorized/approved protective vests will be worn.

4. Ensure that auxiliary police officers who are under eighteen years of age
are not assigned to patrol duties or undercover “Quality of Life”
operations.
5. Ensure that members who are seventeen years of age are only assigned to
administrative functions within the command.

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COMMANDING 6. Attend auxiliary roll call periodically and provide instructions.


OFFICER/ 7. Inform members of any patterns or trends within the command.
EXECUTIVE
OFFICER/
SPECIAL
OPERATIONS
LIEUTENANT

COMMAND 8. Deliver original copy of Auxiliary Roll Call (Form APS # 10) listing
AUXILIARY personnel assignments to the command desk officer.
POLICE 9. Monitor the command radio when auxiliary members are assigned to patrol.
COORDINATOR/ 10. Visit auxiliary officers assigned to foot and radio motor patrol frequently
ALTERNATE and at irregular intervals during tour and indicate visit by signing
COMMAND MEMORANDUM PAD (PD112-141) of each member.
AUXILIARY 11. Maintain ACTIVITY LOG (PD112-145) and make entries listing times,
POLICE names and assignments of auxiliary officers visited.
COORDINATOR

DESK OFFICER 12. Ensure a copy of Auxiliary Roll Call is given to the command platoon
commander and/or command patrol supervisor.
13. Attach original copy of Auxiliary Roll Call to the desk copy of the
command roll call.

NOTE If auxiliary police officers are present to perform a scheduled tour and the command
auxiliary police coordinator or an alternate command auxiliary police coordinator is
unavailable, auxiliary police officers will be assigned by the command desk officer to
auxiliary related duties within the command facility. Under no circumstances will
auxiliary police officers be assigned to perform patrol duties when the command
auxiliary police coordinator or an alternate command auxiliary police coordinator is
not present.

SPECIAL 14. Designate a sergeant, other than the patrol supervisor, to oversee auxiliary
OPERATIONS police personnel when performing duties within the command facility.
LIEUTENANT/
PLATOON
COMMANDER

DESIGNATED 15. Supervise auxiliary police personnel assigned to perform duty within the
SERGEANT command facility.

DESK OFFICER 16. During command roll call, inform uniformed members of the service of
/ PATROL auxiliary assignments and locations.
SUPERVISOR

PLATOON 17. Be aware of all auxiliary police personnel performing duty on assigned tour.
COMMANDER

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UNIFORMED 18. Be cognizant of auxiliary police personnel on patrol within assigned


MEMBER OF sector or foot post.
THE SERVICE

SPECIAL 19. Confer with command auxiliary police coordinator regarding any issues
OPERATIONS related to auxiliary police duties and responsibilities.
LIEUTENANT

ADDITIONAL The Harbor Unit operations supervisor will oversee auxiliary launch deployment in the
DATA absence of the command auxiliary police coordinator or an alternate command
auxiliary police coordinator.

Auxiliary police assignments shall be determined in advance by the special operations


lieutenant in consultation with the commanding officer/executive officer. Priority patrol
posts, command facility assignments and other information that maximizes safety and/or
increases the efficiency of the Auxiliary Police Program will be kept at the command
desk. The command auxiliary police coordinator and ranking auxiliary officers will
maintain a copy of this information in the unit’s office and in the Command Auxiliary
Reference Library.

Commanding officers will ensure that the command auxiliary police coordinator
performs tours that coincide with the tours of auxiliary police personnel, when possible.

The special operations lieutenant and command auxiliary police coordinator shall
confer with the command training sergeant to obtain training material relevant to
auxiliary police duties.

RELATED Roll Call Formations (P.G. 212-01)


PROCEDURES Command Auxiliary Police Coordinator (P.G. 202-34)
Selection and Utilization of Auxiliary Police Officer Volunteers as Undercovers for
“Quality of Life” Enforcement (P.G. 214-05)
Line of Duty Injury or Death - Auxiliary Police Officers (P.G. 216-13)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS MEMORANDUM PAD (PD112-141)
Auxiliary Roll Call (Form APS # 10)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-101

PROCESSING UNKNOWN SUBSTANCES SUSPECTED OF BEING


CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR (CBRN)/
HAZARDOUS MATERIALS EVIDENCE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/16 10/18/16 1 of 17

DEFINITIONS CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR (CBRN)/


HAZARDOUS MATERIAL INCIDENTS - Any incident involving an unknown
substance suspected of being a (i) biological weapon agent or hazardous biological
organism/toxin; or, (ii) military chemical agent or toxic industrial chemical; or, (iii)
radiological/nuclear material, must be considered a criminal/terrorism incident (even if it
appears that the incident may be the result of an accident), an investigation must be
conducted, the unknown substance must be assessed in order to identify its hazardous
properties and the unknown substance and related property must be evaluated/processed as
evidence.

NON-HAZARDOUS SUBSTANCE - Packaging materials, cleaning/detergent


products, pesticides, insecticides, insulation materials, garden products, dried
food products, controlled substances, pet care items, sweeteners,
pharmaceuticals, cooking/baking products, candy, tea/coffee, hygiene/grooming
products, stuffing/filler items, etc.

CITYWIDE INCIDENT MANAGEMENT SYSTEM (CIMS) - The Mayor’s


Citywide Incident Management System (CIMS) states that the, “NYPD will be
the Primary Agency at all CBRN/Haz-Mat incidents, with the responsibility for
overall site management, assessment and investigations (crime-scene/terrorism).”

PRIMARY AGENCY - The Agency authorized by Mayoral Directive to have


overall responsibility of an incident. The Primary Agency will coordinate with
Support Agencies to mitigate the incident.

INNER PERIMETER - Area surrounding all of the locations that may have been
contaminated by the unknown substance suspected of being a Chemical,
Biological, Radiological, Nuclear (CBRN)/Hazardous Material.

CRIME SCENE - Area surrounding all of the locations that may contain physical
evidence that may have forensic, investigative, demonstrative, etc., value.

OUTER PERIMETER - Area sufficiently removed from the Inner Perimeter or


the Crime Scene if larger, so as to ensure that only authorized and necessary
personnel are allowed access and that they enter in a controlled and coordinated
manner.

PROCEDURE Upon discovering or being directed to the scene of an incident involving an


unknown substance suspected of being a Chemical, Biological, Radiological,
Nuclear (CBRN)/Hazardous Material other than an explosive substance or a
conventional, radiological or nuclear explosive device:

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212-101 10/18/16 2 of 17

UNIFORMED 1. Conduct preliminary investigation.


MEMBER OF a. Interview complainant(s) and other involved persons.
THE SERVICE 2. Evaluate the totality of the circumstances.
3. Utilize common sense standards to determine if the nature of the unknown
substance can be readily identified as a non-hazardous substance.
a. Many assignments may be properly classified as unfounded or
unnecessary based upon an evaluation of the totality of the
circumstances and the application of common sense standards to
the facts discovered during the preliminary investigation.

NOTE If a member of the service suspects that an explosive substance or any type of
conventional, radiological or nuclear explosive device may be present, follow P.G. 212-
40, “Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and
Post Explosion Bomb Scenes.”

4. Confer with the patrol supervisor regarding the nature of the unknown
substance.
a. Comply with the directions provided.

COMMUNICATIONS 5. Dispatch the patrol supervisor to the scene of an incident involving an


SECTION unknown substance suspected of being a CBRN/Hazardous Material.
DISPATCHER

UNIFORMED 6. If the nature of the unknown substance cannot be determined:


MEMBER OF a. Notify the Communications Section dispatcher
THE SERVICE b. Request the response of the Emergency Service Unit
c. Notify Operations Division and request the response of the NYC
Department of Environmental Protection, Hazardous Materials
Response Unit (DEP/HMRU)
d. Notify Operations Division and request the response of the NYC
Fire Department (FDNY) if needed for life safety operations and/or
mass decontamination. If FDNY is requested or is responding or is
present, request the immediate response of the Duty Captain
e. Evacuate individuals an appropriate distance from the unknown
substance and contaminated areas
f. Identify and isolate individuals apparently suffering ill effects
from the unknown substance and immediately request
Communications Section dispatcher to send medical assistance
g. Identify and isolate individuals who have been exposed to the
unknown substance
h. Identify and isolate individuals who may require decontamination
i. Establish an appropriately sized Inner Perimeter and take appropriate
measures to isolate, contain and safeguard the unknown substance so
as to prevent any further dispersal/dissemination and to prevent
contamination of additional persons and/or the surrounding areas
j. Establish an appropriately sized Crime Scene

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UNIFORMED k. Establish an appropriately sized Outer Perimeter.


MEMBER OF 7. Attempt to limit movement and other activity within potentially contaminated
THE SERVICE areas to minimize dispersal/dissemination of the unknown substance and/or
(continued) contamination of additional persons and/or the surrounding areas.

OPERATIONS 8. Notify the following agencies immediately regarding details of the incident if it is
DIVISION determined that the suspicious substance represents a credible threat regardless of
SUPERVISOR whether the actual response of the individual agency is required at the scene:
a. New York City Office of Emergency Management
b. New York City Fire Department
c. New York City Department of Health and Mental Hygiene
d. New York City Department of Environmental Protection
e. FBI/NYPD Joint Terrorist Task Force.

PATROL 9. Respond and review the actions of the assigned members of service.
SUPERVISOR 10. Ensure that all required notifications have been made.
a. Confer with Operations Division supervisor and ensure that
DEP/HMRU has been notified and is responding to the incident scene.
11. Ensure that life safety operations are initiated by the first responding
resources capable of performing rescue, if necessary.
12. Ensure that any individuals requiring medical attention are promptly
examined/treated by responding medical personnel, and if appropriate, are
expeditiously removed from the incident scene, if necessary.
13. Request personnel to secure the incident scene.
a. Comply with P.G. 213-03, “Rapid Mobilization,” if necessary.
14. Notify the Intelligence Bureau, Criminal Intelligence Section (IBCIS) and
confer with the supervisor.
a. IBCIS will immediately notify the FBI/NYPD Joint Terrorist Task
Force Call Center.
15. Ensure that an appropriately sized Inner Perimeter has been established.
a. Permit only authorized/necessary personnel who are properly
trained and wearing the appropriate Personal Protective
Equipment (PPE) access.
16. Adequately isolate, contain and safeguard the unknown substance.
17. Ensure that an appropriately sized Crime Scene has been established and
access thereto is strictly controlled in order to prevent the entry of
unnecessary or unauthorized persons.
a. Expand the original Crime Scene, if necessary. Initially, the size of the
Crime Scene should be no smaller than the size of the Inner Perimeter.
b. Absent extraordinary circumstances and/or circumstances involving
the life or safety of involved persons or the public, only Emergency
Service Unit personnel, DEP/HMRU personnel, Department of
Health and Mental Hygiene (DOHMH) personnel and those
appropriately trained and equipped law enforcement personnel who
are involved in the investigation of the incident and have an absolute
need to enter will be allowed access within the Crime Scene.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-101 10/18/16 4 of 17

PATROL 18. Maintain a record identifying the rank/title, name, command/agency, etc.,
SUPERVISOR of all personnel entering the Crime Scene.
(continued) 19. Request the response of the Crime Scene Unit, if the circumstances dictate
that the Crime Scene must be processed by forensic specialists.
20. Do not release control of the Crime Scene without proper authorization
from a ranking uniformed member of the service.
21. Ensure that an appropriately sized Outer Perimeter has been established.
22. Notify the desk officer, precinct of occurrence.
23. Request the response of the Duty Captain when:
a. There are any questions or problems involving responding
City/state/federal agencies or private organizations or,
b. FDNY has been requested for life safety operations and/or mass
decontamination or,
c. FDNY is responding to or present at the incident scene.

DUTY 24. Immediately respond when requested as listed in step “23.”


CAPTAIN

PATROL 25. Request Detective Squad to respond if:


SUPERVISOR a. An immediate investigation should be conducted, or,
b. To assist in the identification of the unknown substance, i.e.,
identify and interview the individual or company that sent,
delivered, abandoned, etc., the unknown substance.

EMERGENCY 26. Respond to the scene and comply with all applicable Emergency Service
SERVICE UNIT Unit (ESU) procedures regarding:
PERSONNEL a. Assessment of the incident scene, environment, atmosphere, etc.,
for chemical, radiological, explosive/flammable, and other
applicable hazards
(1) Recommend the need to shutdown any HVAC systems, if
necessary
b. Documentation, sampling, marking, collection, packaging,
sealing, etc., of unknown substances and related items/evidence
c. Decontamination of persons, objects and areas
d. Packaging, sealing and disposal of contaminated non-evidence
waste items, e.g., personal protective equipment (PPE), items used
for decontamination
e. Collaboration and conferral with DEP/HMRU personnel, and
when applicable, personnel from DOHMH, FDNY, other City,
state, federal agencies and private organizations.

DEP/HMRU 27. Analyze the unknown substance for hazards and explosive properties.
PERSONNEL 28. Identify the chemical compound(s) and hazardous materials that are
present in the unknown substance.

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DEP/HMRU 29. Document, sample, mark, collect, package, seal, establish a chain of
PERSONNEL custody for and transport samples of the unknown substance and/or
(continued) related evidence/items to the DEP Hazardous Materials Laboratory for
examination, analysis, safeguarding, disposal and/or other appropriate
action, when necessary and after conferral with ESU personnel.
30. Conduct the following when necessary and after conferral with ESU
personnel, based upon the circumstances of the incident:
a. Perform air, water and/or soil sampling and analysis
b. Conduct air plume dispersion modeling
c. Identify and monitor contamination zones
d. Determine the appropriate mitigation, containment, collection, disposal,
decontamination, remediation, etc., plans, procedures and methods
e. Perform or direct the appropriate governmental and/or private assets to
perform all or part of the required mitigation, containment, collection,
disposal, decontamination, remediation actions.
31. Confer with ESU personnel and advise regarding analytical results,
technical determinations and any other relevant findings and
recommendations.

EMERGENCY 32. Notify IBCIS supervisor if:


SERVICE UNIT a. Radioactive material/contamination may be present and the
PERSONNEL assistance and/or response of personnel assigned to the DOHMH
Office of Radiological Health is required
b. Based upon the circumstances of the incident, the assistance and/or
response of appropriate DOHMH personnel may be required
c. DOHMH personnel must be notified and requested to provide
assistance and/or respond in the following situations: (i) there is a credible
threat of the presence of a biological weapon agent or hazardous
biological organism/toxin; or, (ii) a civilian(s) is transported to a
hospital(s); or, (iii) there is contamination or decontamination of civilians;
or, (iv) any involved individual states that he is ill and believes that the
unknown substance may be the cause of the illness; or, (v) there is a
public health related question/problem involving the extent of the
contamination and/or the appropriate decontamination plans, procedures,
methods, etc., to be used with respect to any persons, objects, rooms,
buildings, areas, etc.; or, (vi) there is any public health related
question/problem regarding the safeguarding, evacuation, closing/sealing,
entering/reentering, habitation, etc., of the room, building, location, area,
etc., in question; or, (vii) any involved individual has a public health
related question/problem that requires the expertise of DOHMH
personnel to resolve; or, (viii) the nature of the complainant, location or
facts surrounding the incident creates extenuating circumstances
d. Technical or scientific assistance/response is required from any
federal, state, City agency or private organization
e. Immediate response of investigators assigned to the Intelligence
Bureau and/or the FBI/NYPD Joint Terrorist Task Force is required.
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IBCIS 33. Immediately notify the Operations Division regarding any additional
SUPERVISOR assistance that has been requested by the Emergency Service Unit personnel
and immediately inform Operations Division personnel of any additional
facts and circumstances as well as any issues or problems related to the
incident.

EMERGENCY 34. Determine whether samples of the unknown substance and/or the related
SERVICE UNIT evidence/items should be collected and subsequently delivered to the NYC
PERSONNEL Department of Health and Mental Hygiene, Public Health Laboratory
(DOHMH/PHL) for analysis to determine whether the unknown substance
is a biological weapon agent or hazardous biological organism/toxin.
35. Avoid unnecessary submissions to the DOHMH/PHL by:
a. Evaluating the totality of the circumstances regarding the incident in
question
b. Considering the results of any preliminary investigation
c. Conferring with DEP/HMRU personnel, and when applicable,
personnel from DOHMH, FDNY, other City, state, federal agencies
and private organizations
d. Assessing any other relevant facts and circumstances.
36. Submit samples of the unknown substance and/or the related
evidence/items (e.g., envelope, package, container, letter, contents, etc.)
to the DOHMH/PHL in the following situations:
a. Express or implied CBRN/Hazardous Material threat made
against the complainant/location in question and an unknown
substance is present and visible
b. Express or implied CBRN/Hazardous Material threat made against
the complainant/location in question and an unknown substance
may be present but it is not visible
c. No express or implied CBRN/Hazardous Material threat made against
the complainant/location in question but an unknown substance is
present and visible and it cannot be logically explained by packaging,
labels, contents of letter/package/container, nature of the location,
nature of recipient/sender/resident or other facts and circumstances
d. No express or implied CBRN/Hazardous Material threat made against the
complainant/location in question and an unknown substance may be
present but it is not visible, however, the circumstances (including the
nature of the envelope, package, container, letter, contents, etc.) are
suspicious and the unknown substance was found in the proximity of or
delivered to a senior government official or a high profile public figure or
a sensitive location (e.g., government agency, utility company,
electronic/print media company, major transportation center, high
profile financial institution, large high profile business, etc.); or, was
found on a publicly or privately owned/operated bus, train, subway,
watercraft, aircraft, etc.
37. Notify the IBCIS supervisor and confer with DOHMH/PHL personnel
regarding the submission of samples of the unknown substance and the
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EMERGENCY related evidence/items (e.g., envelope, package, container, letter, contents,


SERVICE UNIT etc.) to the DOHMH/PHL for analysis in those situations where there is no
PERSONNEL express or implied CBRN/Hazardous Material threat made against the
(continued) complainant/location in question and an unknown substance may be present,
whether it is visible or not, and the complainant(s) states that they are ill and
believes that the unknown substance may be the cause of the illness.
38. Advise the patrol supervisor whether samples of the unknown
substance(s) and/or the related evidence/items and any contaminated non-
evidence waste items must be collected and transported to the
DOHMH/PHL by an assigned uniformed member of the service.
39. Comply with the following if samples of the unknown substance(s) and/or
the related evidence/items must be collected and transported to the
DOHMH/PHL for analysis to determine whether the unknown substance
is a biological weapon agent or hazardous biological organism/toxin:
a. Immediately request the response of an Emergency Service Unit
supervisor
b. Collect and separately package/seal each of the samples of the
unknown substance and/or each of the related evidence/items and any
contaminated non-evidence waste items in conformance with
appropriate ESU procedures. The packaging/sealing methodology
utilized by ESU personnel strictly complies with all applicable
federal, state and City health/safety laws and regulations
c. Complete ALL CAPTIONS on the Evidence Collection/Tracking
Form (Misc. 4237). Enter N/A, UNK, NONE, etc., when applicable
d. Comply with all other applicable ESU and Department procedures.

EMERGENCY 40. Review the Evidence Collection/Tracking Form for completeness and
SERVICE UNIT accuracy.
SUPERVISOR 41. Ensure that the sample(s) of unknown substance(s), the related
evidence/items and any contaminated non-evidence waste items have been
properly and safely packaged/sealed.

PATROL 42. Designate a uniformed member of the service to deliver any


SUPERVISOR packaged/sealed samples of the unknown substance and/or related
evidence/items and contaminated non-evidence waste items to the
DOHMH/PHL.

DESIGNATED 43. Remain at the incident location until the packages/sealed samples are ready
UNIFORMED to be transported to the DOHMH/PHL.
MEMBER OF
THE SERVICE

PATROL 44. Comply with the following if packaged/sealed samples of the unknown
SUPERVISOR substance and/or related evidence/items have to be delivered to the
DOHMH/PHL and/or the DEP Hazardous Materials Laboratory for
analysis:
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PATROL a. Direct that a separate AIDED REPORT be prepared for each


SUPERVISOR individual who was exposed to the unknown substance
(continued) (1) An AIDED REPORT MUST be prepared for an individual
that was exposed to the unknown substance even if the
individual did not have to be decontaminated
(2) Under the “Details” section of the AIDED REPORT,
describe the circumstances, manner, duration, extent, etc.,
regarding the exposure of the aided to the unknown
substance. Specifically indicate whether the aided had direct
contact with the unknown substance
b. Have a COMPLAINT REPORT WORKSHEET (PD313-
152A) prepared and classify it as open – “Investigate Suspicious
Substance” and any other offense(s) that may have been committed,
e.g., aggravated harassment, disorderly conduct, harassment,
reckless endangerment, menacing
(1) Refer the COMPLAINT REPORT to the Detective Squad,
precinct of occurrence, for: (i) appropriate investigation;
and, (ii) required notification(s) regarding the results of the
DOHMH/PHL analysis and/or DEP Hazardous Materials
Laboratory analysis.
45. Comply with P.G. 205-10, “Exposure of Members of the Service to
Infectious Diseases or Hazardous Materials” and any other applicable
Patrol Guide procedures, if a member of the service has been exposed to an
unknown substance suspected of being a CBRN/Hazardous Material.

EMERGENCY 46. Identify the person who will be notified by the Detective Squad, precinct
SERVICE UNIT of occurrence, of the results of the DOHMH/PHL and/or DEP Hazardous
PERSONNEL Materials Laboratory analysis of the samples of the unknown substance,
i.e., complainant, office manager, security director/coordinator,
medical/safety coordinator, building superintendent, building
manager/owner or other appropriate designated contact person.
a. Enter the designated contact person’s name, title, home/work/cell
telephone numbers and other required contact information in the
appropriate captions on the Evidence Collection/Tracking Form.
47. Notify the IBCIS from the scene if packaged/sealed samples of the
unknown substance and/or related evidence/items are being delivered to
the DOHMH/PHL and/or to the DEP Hazardous Materials Laboratory
and:
a. Provide ESU Hammer number
b. Plastic Security Envelope Property and Evidence Tracking System
bar-code number(s), if applicable
c. Obtain the next WMD Log number
(1) Enter the IBCIS WMD Log number in the appropriate caption
of the Evidence Collection/Tracking Form, if packaged/sealed
samples of the unknown substance and/or related evidence/items
are being delivered to the DOHMH/PHL
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EMERGENCY (2) Provide the DEP/HMRU personnel with the WMD Log
SERVICE UNIT number, if packaged/sealed samples of the unknown
PERSONNEL substance and/or related evidence/items are being delivered
(continued) to the DEP Hazardous Materials Laboratory.

NOTE DOHMH/PHL will not accept samples of the unknown substance and the related
evidence/items unless an Evidence Collection/Tracking Form has been prepared and a
WMD Log number has been issued by the IBCIS and entered on the form.

IBCIS 48. Respond to scene and confer with investigative staff.


SUPERVISOR 49. Interview, document and report on facts concerning incident in the
Intelligence Information System.
50. Notify the FBI/NYPD Joint Terrorist Task Force Call Center and request
the immediate response of investigators if they are not already responding
or present, if packaged/sealed samples of the unknown substance and/or
related evidence/items are being delivered to the DOHMH/PHL and/or to
the DEP Hazardous Materials Laboratory.
51. Comply with the following if packaged/sealed samples of the unknown
substance and/or related evidence/items are being delivered to the
DOHMH/PHL:
a. Notify the DOHMH/PHL and explain the facts and circumstances:
(1) Monday – Friday, 0900 to 1700 hours, telephone
DOHMH/PHL and ask to speak to the “BT Lab Duty Officer”
(2) Other times, telephone the Poison Control Center and ask to
speak to the “On-Call BT Lab Duty Officer”
b. Notify the DOHMH/PHL Law Enforcement Receiving Intake
Area by telephone and ask to speak to the DOHMH uniformed
Officer.

EMERGENCY 52. Deliver the packaged/sealed samples of the unknown substance, the
SERVICE UNIT related evidence/items and the contaminated non-evidence waste items to
PERSONNEL the designated transporting uniformed member of the service for
IMMEDIATE delivery DIRECT to the DOHMH/PHL.
53. Obtain the signature of the designated transporting officer on the
Evidence Collection/Tracking Form as a receipt and to establish a chain
of custody for the packaged/sealed samples of the unknown substance
and/or the related evidence/items.
a. Retain the ESU copy of the Evidence Collection/Tracking Form
(third copy).
b. Give the remaining four copies of the Evidence Collection/Tracking
Form to the designated transporting officer, to be immediately
delivered direct to the DOHMH/PHL with the packaged/sealed
samples of the unknown substance, the related evidence/items and
the contaminated non-evidence waste items.

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TRANSPORTING 54. Take custody of the packaged/sealed samples of the unknown substance,
UNIFORMED the related evidence/items and the contaminated non-evidence waste items
MEMBER OF from the ESU personnel.
THE SERVICE a. Do not open the seals/packages.
b. Exercise caution so as not to accidentally damage, break, puncture,
tear, etc., the seals/packages.
55. Confer with the ESU personnel and examine the Evidence
Collection/Tracking Form to verify the number and type of packages
that are being accepted for IMMEDIATE delivery DIRECT to the
DOHMH/PHL.
a. Sign the Evidence Collection/Tracking Form in the appropriate section.
56. Make ACTIVITY LOG (PD112-145) entry that will record the chain of
custody for the samples of the unknown substance and the related
evidence/items and include:
a. The rank, name, tax number and command of the
collecting/packaging ESU officers
b. Total number and type of packages that are being delivered to the
DOHMH/PHL
c. Plastic Security Envelope Property and Evidence Tracking System bar-
code number(s) and ESU Hammer number and WMD Log number.

PATROL 57. Verify that the designated transporting officer’s ACTIVITY LOG entry
SUPERVISOR is complete and accurate.
a. Indicate verification by signing the ACTIVITY LOG.
58. Make appropriate ACTIVITY LOG entries and include statement
indicating that an appropriate record of the chain of custody has been made.
59. Direct the designated transporting officer to IMMEDIATELY deliver the
packaged samples of the unknown substance, the related evidence/items,
the contaminated non-evidence waste items and Evidence Collection/
Tracking Form DIRECTLY to the DOHMH/PHL.

TRANSPORTING 60. IMMEDIATELY transport and deliver all of the packaged/sealed samples
UNIFORMED of the unknown substance, the related evidence/items, the contaminated
MEMBER OF non-evidence waste items and Evidence Collection/Tracking Form
THE SERVICE DIRECT to the NYC Department of Health and Mental Hygiene, Public
Health Laboratory (DOHMH/PHL), Law Enforcement Receiving Intake
Area, located at 455 1st Avenue, New York, NY (use entrance on 26th
Street between 2nd Ave and 1st Ave).

NOTE The transporting officer will NOT proceed to the precinct of occurrence to invoice the
packaged/sealed samples of the unknown substance and/or the related evidence/items
prior to transporting/delivering them to the DOHMH/PHL.

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AFTER ARRIVAL AT THE DOHMH/PHL EVIDENCE INTAKE AREA

TRANSPORTING 61. Obtain DOHMH/PHL “Accession Number” from the DOHMH uniformed
UNIFORMED Officer assigned to the evidence intake area and enter it on the Evidence
MEMBER OF Collection/Tracking Form in the appropriate caption.
THE SERVICE 62. Obtain signature of the receiving DOHMH evidence intake area Officer
on the Evidence Collection/Tracking Form in order to establish a chain
of custody for the packaged/sealed samples of the unknown substance and
the related evidence/items.
63. Submit original copy of the Evidence Collection/Tracking Form to the
DOHMH evidence intake area Officer.
64. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-
141A) maintained at the DOHMH/PHL evidence intake area. List the
packaged/sealed samples of the unknown substance and the related
evidence/items that are being submitted to the DOHMH/PHL, and
categorize the property as “Investigatory.” DO NOT list the
packaged/sealed contaminated non-evidence waste items on the
WORKSHEET.
a. Telephone desk officer, precinct of occurrence, and obtain a
PROPERTY CLERK INVOICE (PD521-141) number utilizing
the “Reserve Invoice Number” function in the Property and
Evidence Tracking System in order to invoice the packaged/sealed
samples of the unknown substance and the related evidence/items
that have been delivered to the DOHMH/PHL. Write the invoice
number on the WORKSHEET.
b. Complete ALL captions on the WORKSHEET. Enter N/A, UNK,
NONE, etc., when applicable.
c. Enter NYPD Plastic Security Envelope Property and Evidence
Tracking System bar-code number(s) adjacent to the associated
ITEM(s) on the WORKSHEET.
d. Write the following in the “Remarks” section of the
WORKSHEET: “The above property was invoiced as possible
CBRN/Hazardous Material evidence for investigation.
DOHMH/PHL Laboratory Accession # ______. Receipted for by
DOHMH Officer ______________.”
e. Request DOHMH evidence intake area Officer to sign the statement
in the “Remarks” section of the WORKSHEET as a receipt; or, enter
“Refused Signature.”
f. Prepare and sign DOHMH form Evidence/Property Custody
Document and all other required DOHMH forms, reports, receipts, etc.
65. Notify the IBCIS by telephone and provide the following information
prior to leaving the DOHMH/PHL evidence intake area:
a. DOHMH/PHL “Accession Number”
b. PROPERTY CLERK INVOICE number
c. Plastic Security Envelope Property and Evidence Tracking System
bar-code number(s).
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TRANSPORTING 66. Deliver to the desk officer, precinct of occurrence:


UNIFORMED a. Remaining copies of the Evidence Collection/Tracking Form
MEMBER OF b. Original PROPERTY CLERK INVOICE WORKSHEET.
THE SERVICE
(continued)

DESK OFFICER 67. Review the Evidence Collection/Tracking Form and PROPERTY
CLERK INVOICE WORKSHEET for accuracy and completeness.
68. Distribute the remaining copies of the Evidence Collection/Tracking
Form as indicated on the bottom of the form:
a. Send second copy to the IBCIS Weapons of Mass Destruction
Desk, One Police Plaza, Room 1109, in the next outgoing mail
b. Fifth copy to the designated transporting officer who delivered the
packages to the DOHMH/PHL.
69. Direct entry of approved WORKSHEET into the Property and Evidence
Tracking System.

TRANSPORTING 70. Digitally sign INVOICE verifying accuracy and completeness.


UNIFORMED
MEMBER OF
THE SERVICE

DESK OFFICER 71. Review the INVOICE for accuracy and completeness.
a. Utilize ACTIVITY LOG entry of delivering member of the
service; and, Evidence Collection/Tracking Form; and,
WORKSHEET to verify the accuracy of the INVOICE.
b. Digitally sign the INVOICE.
72. Have the WORKSHEET attached to the “Property Clerk” copy of the
INVOICE.
73. Direct property officer to safeguard/file the INVOICE and attached
WORKSHEET until notified by the IBCIS that the unknown substance
was analyzed by the DOHMH/PHL.
74. Ensure the information from the AIDED REPORT that was previously
prepared for each individual who was exposed to the unknown substance is
entered into Finest Online Records Management System (FORMS).
a. Review the AIDED REPORT for accuracy and completeness.
b. Ensure that a separate AIDED REPORT was prepared for each
individual who was exposed to the unknown substance even if the
individual did not have to be decontaminated.
c. Ensure that all of the required information regarding the
circumstances, manner, duration, extent, etc., of the aided’s exposure
to the unknown substance is recorded under the “Details” section of
the AIDED REPORT, including whether the aided had direct
contact with the unknown substance.
75. Have the information from the previously prepared COMPLAINT
REPORT WORKSHEET entered into Omniform.
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DESK OFFICER a. Review the Omniform computer generated copy of the


(continued) COMPLAINT REPORT for accuracy and completeness.
76. Ensure that all of the AIDED REPORT numbers are recorded on the
related COMPLAINT REPORT and that the COMPLAINT REPORT
number is recorded on all of the related AIDED REPORTS.
77. Notify the Detective Squad, precinct of occurrence and forward to them
the following documents:
a. Fourth copy of the Evidence Collection/Tracking Form
b. Appropriate copies of the PROPERTY CLERK INVOICE
c. Copy of all of the related AIDED REPORTS
d. Copy of the Omniform computer generated COMPLAINT
REPORT.
78. Fax the following documents to the IBCIS and call the IBCIS supervisor
to verify that the fax was received:
a. Second copy of the completed Evidence Collection/Tracking
Form
b. “Property Clerk” copy of the PROPERTY CLERK INVOICE
c. Copy of the Omniform computer generated COMPLAINT
REPORT
d. Copy of all of the related AIDED REPORTS.
79. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing
the “External Transfer” function in the Property and Evidence Tracking
System, with the destination of DOHMH/PHL, ensuring all invoiced
packaged/sealed samples of the unknown substance and the related
evidence/items are appropriately entered in compliance with Department
procedures.

TRANSPORTING 80. Digitally sign PROPERTY TRANSFER REPORT.


UNIFORMED
MEMBER OF
THE SERVICE

DESK OFFICER 81. Digitally sign PROPERTY TRANSFER REPORT.


AFTER NOTIFICATION TO IBCIS FROM DOHMH/PHL AND/OR DEP
HAZARDOUS MATERIALS LABORATORY REGARDING RESULTS OF
ANALYSIS OF UNKNOWN SUBSTANCE
IBCIS 82. Inform the Operations Coordinator, precinct of occurrence, of the results
SUPERVISOR of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory
analysis of the unknown substance.
OPERATIONS 83. Have involved members of the service notified of the results of the
COORDINATOR, analysis of the unknown substance.
PRECINCT OF 84. After being notified of the results of a DEP Hazardous Materials
OCCURRENCE Laboratory analysis of the unknown substance comply with the
instructions of the IBCIS supervisor.
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OPERATIONS 85. Ensure the following is complied with after being notified of the results of
COORDINATOR, a DOHMH/PHL analysis of the unknown substance:
PRECINCT OF a. If the results of the analysis are NEGATIVE, a member of the service:
OCCURRENCE (1) MUST respond within seventy two hours to the
(continued) DOHMH/PHL, Room 203, from Monday to Friday,
between 0800 and 1600 hours, with the copies of the
PROPERTY CLERK INVOICE to retrieve the invoiced
packages
(2) Identify any invoiced items/packages that cannot be
retrieved from DOHMH/PHL. Make appropriate entries on
the PROPERTY CLERK INVOICE utilizing the “Add
Remarks/Documents” function in the Property and
Evidence Tracking System, to account for the missing
invoiced items/packages and explain the reason why the
items/packages are missing and are not being retrieved,
e.g., consumed during sample analysis, destroyed during
decontamination, transferred to another laboratory
(3) At the bottom of the faxed Property and Evidence Tracking
System INVOICE, print the rank, name and tax number of
the DOHMH evidence Officer. Have the DOHMH evidence
Officer sign the entry as a receipt for the invoiced
items/packages being retrieved and a verification of the missing
invoiced items/packages; or, enter “Refused Signature”
(4) Prepare and sign DOHMH form Evidence/Property
Custody Document and all other required DOHMH forms,
reports, receipts, etc.
(5) Deliver the retrieved invoiced items/packages and
PROPERTY CLERK INVOICE to the desk officer,
precinct of occurrence, for processing according to the
applicable Department guidelines.

DESK OFFICER 86. Intake retrieved invoiced items/packages, utilizing the “Intake from an
External Agency” function in the Property and Evidence Tracking
System.

OPERATIONS 87. Comply with the instructions that are provided by the ranking member of
COORDINATOR, the service making the notification, when results of the analysis are
PRECINCT OF POSITIVE.
OCCURRENCE 88. Notify the Detective Squad supervisor, precinct of occurrence, of the
results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory
analysis of the unknown substance.
89. Notify Medical Division of the results of the DOHMH/PHL and/or DEP
Hazardous Materials Laboratory analysis of the unknown substance in
compliance with P.G. 205-10, “Exposure of Members of the Service to
Infectious Diseases or Hazardous Materials,” if necessary.

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PRECINCT 90. Ensure that the individual identified as the designated contact person on
DETECTIVE the Evidence Collection/Tracking Form is notified of the results of the
SQUAD DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of
SUPERVISOR the unknown substance.
a. When the laboratory analysis results are negative, if other
offense(s) may have been committed, it will be the responsibility
of the assigned detective to fully investigate the incident.

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
The Mayor’s Citywide Incident Management System (CIMS) states that the NYPD will
be the “Primary Agency” at all CBRN/Haz-Mat incidents, with the responsibility for
overall site management, assessment and investigations (crime-scene/terrorism).
Furthermore, ALL incidents that involve an unknown substance suspected of being a
CBRN/Hazardous Material must be considered a criminal/terrorism incident (even if it
appears that the incident may be the result of an accident), an investigation must be
conducted, the unknown substance must be assessed in order to identify its hazardous
properties and the unknown substance and related property must be evaluated/processed
as evidence. Therefore, the patrol supervisor or highest-ranking uniformed member of
the Patrol Services Bureau at the scene will be the NYPD Incident Commander, who will
be responsible for ensuring overall site management and will take appropriate action to
ensure that only authorized and necessary personnel are allowed access within the
Outer Perimeter and that they enter within the Outer Perimeter in a controlled and
coordinated manner.

The life and safety of all involved persons and the public is of paramount concern. The CIMS
states that, “life safety operations are the highest priority Incident Objectives and will be
initiated by the first responding resources capable of performing rescue.” Therefore, when
necessary, all appropriate agencies will be notified, resources requested, and access of all
required personnel to the incident scene will be permitted in order to ensure that the life and
safety of all involved persons are protected.

In the event that there is an ongoing uncontrolled release/leak or a functioning device is


actively “disseminating” an unknown substance, the first appropriately trained and
equipped personnel will be allowed access to the incident/crime scene to stop/control the
release/leak or deactivate the dissemination device. Absent extraordinary circumstances,
an envelope or parcel containing an unknown substance is NOT considered an
uncontrolled release/leak or a functioning/active “disseminating” device. If a member of the
service suspects that the dissemination device may be “booby trapped” and/or may be some type
of explosive device and/or may contain an explosive substance, follow P.G. 212-40, “Bomb
Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb
Scenes.”
When members of the NYPD respond and determine that an unknown substance is not
CBRN/Hazardous Material evidence and does not otherwise have to be collected/packaged and/or
invoiced/safeguarded, if another agency responds and collects/packages the unknown substance,
then the NYPD will NOT take custody of the package(s) from the involved agency absent new or
additional information indicating the unknown substance is CBRN/Hazardous Material evidence
and/or must be collected/packaged and/or invoiced/safeguarded by the NYPD. The patrol

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ADDITIONAL supervisor will respond and interview the involved agency supervisor and confer with the
DATA Emergency Service Unit supervisor and the IBCIS supervisor. If there is an issue that cannot be
(continued) resolved, the patrol supervisor will request the immediate response of the Duty Captain.
Inner Perimeter Site Management
Absent emergency circumstances, only authorized and necessary personnel who are
properly trained and wearing the appropriate type of Personal Protective Equipment
(PPE) will be allowed to enter the Inner Perimeter. The establishment of an
appropriately sized Inner Perimeter is a component of the NYPD responsibility for
providing “overall site management.”
Crime Scene Site Management
The size of the Crime Scene will depend upon the circumstances of the incident. Initially
the size of the Crime Scene should be large and as time progresses and additional facts
are discovered, it may be reduced in size. Initially, the size of the Crime Scene should be
no smaller than the size of the Inner Perimeter. In order to minimize or avoid the
alteration, loss, contamination, degradation, destruction, etc., of physical evidence,
civilians and City, state, federal agency personnel who are unauthorized or unnecessary,
including unnecessary NYPD personnel, will not be allowed access within the Crime
Scene. The establishment of an appropriately sized Crime Scene is a component of the
NYPD responsibility for providing “overall site management.”
Outer Perimeter Site Management
Civilians and City/state/federal agency personnel who are unauthorized or unnecessary,
including unnecessary NYPD personnel, will not be allowed access within the Outer
Perimeter. The Outer Perimeter is established so as to ensure that when necessary: (i) a
sufficient level of force protection is provided; (ii) individuals may be safely and
expeditiously evacuated; (iii) expeditious access/egress routes are provided for the
authorized and necessary responding emergency vehicles; (iv) pedestrian, vehicular and
mass transit traffic is appropriately controlled; (v) witnesses and investigative evidence
are expeditiously identified and secured/safeguarded; (vi) crowds are properly
managed; and, (vii) the affected area, buildings, property, etc., are appropriately
secured. The establishment of an appropriately sized Outer Perimeter is a component of
the NYPD responsibility for providing “overall site management.”

AGENCIES/UNITS INVOLVED IN A CBRN/HAZARDOUS MATERIAL INCIDENT

NYPD Emergency Service Unit - The Emergency Service Unit will be the lead unit in the
NYPD with respect to assessing an unknown substance suspected of being a
CBRN/Hazardous Material and will be assisted at the incident site by the NYC
Department of Environmental Protection.

NYC Fire Department - The Mayor’s Citywide Incident Management System states that
the core competencies of the NYC Fire Department include fire suppression; patient
care and transport; search and rescue; and, CBRN/Hazardous Material life safety and
mass decontamination. The Mayor’s Citywide Incident Management System also states
that at a CBRN/Hazardous Material incident the NYC Fire Department, “will be
responsible for life safety operations and mass decontamination.”

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ADDITIONAL NYC Department of Environmental Protection - Personnel are engineers/scientists who are
DATA experts regarding military chemical agents, toxic industrial chemicals, and other types of chemical
(continued) compounds. Personnel are also highly trained and experienced CBRN/Hazardous Materials first
responders who utilize scientific instruments and laboratory techniques in the field to identify the
chemical composition of unknown substances; and, they are supported by a New York State
accredited Hazardous Materials laboratory. Personnel also perform air, water and soil
sampling/analysis; conduct air plume dispersion modeling; identify/monitor contamination zones;
determine the appropriate mitigation, containment, collection, disposal, decontamination,
remediation, etc., plans, procedures and methods; and perform or direct the appropriate
governmental and/or private assets to perform all or part of the required mitigation, containment,
collection, disposal, decontamination, remediation actions.

NYC Department of Health and Mental Hygiene - Personnel are medical doctors, scientists,
health care providers and public health professionals who are experts regarding biological weapon
agents and hazardous biological organisms/toxins, communicable diseases, epidemiology,
radioactive materials/contamination, laboratory sciences, environmental science/engineering,
poisons, contaminated food/water, veterinary/pest control, decontamination plans/methods, and
other public health related subjects. Personnel are supported by a nationally accredited “Bio-
Threat Response” Public Health Laboratory whose function is to determine whether an unknown
substance is a biological weapon agent or hazardous biological organism/toxin. Personnel will
provide assistance and/or respond to an incident scene when specifically requested or when
particular pre-designated circumstances exist.

RELATED Exposure of Members of the Service to Infectious Diseases or Hazardous Materials


PROCEDURES (P.G. 205-10)
Hazardous Materials (P.G. 212-37)
Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post
Explosion Bomb Scenes (P.G. 212-40)
Emergency Incidents (P.G. 213-02)
Rapid Mobilization (P.G.213-03)
Citywide Incident Management System (P.G. 220 Series)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS AIDED REPORT
COMPLAINT REPORT WORKSHEET (PD313-152A)
PROPERTY CLERK INVOICE (PD521-141)
PROPERTY CLERK INVOICE WORKSHEET (PD521-141A)
PROPERTY TRANSFER REPORT (PD521-1412)
Evidence Collection/Tracking Form (Misc 4237)
Evidence/Property Custody Document

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-102

PERSONAL RADIATION DETECTION PAGER ALARMS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/16 10/18/16 1 of 3

PURPOSE To investigate personal radiation detection pager alarms emanating from


radiological materials that may endanger the public, and to establish a process to
record occurrences of radiation alerts for the purpose of:
a. Investigating elevated readings
b. Determining if further investigation or action is warranted
c. Documenting locations where activations have occurred.

SCOPE Personal radiation detection pagers, designed as early warning devices, will be
issued ONLY to trained supervisors/designated members in order to
detect/investigate the presence of hazardous radiological materials that may
endanger the public and members of the service.
DEFINITIONS For the purpose of this procedure, the following definitions will apply:

PERSONAL RADIATION DETECTION PAGER ALARM - A sensitive search


device, usually pager sized, designed to alert increased levels of gamma
radiation. The alerts allow the wearer to track, isolate and identify sources
emitting gamma radiation. Personal radiation detection pager alarms are
designed as interdiction tools alerting officers to the presence of radiation fields
that they would not normally be aware of.

NOTE Personal radiation detection pager alarms shall be deployed in accordance with P.G. 219-27,
“Issuance and Maintenance of Radiation Detection Pagers Assigned to Commands.”

HOSTILE ALARM – Through investigation, interview, and/or personal


experience, the trained supervisor/designated member determines that the alarm
activation resulted from a reading emanating from a substance or device that is
suspicious or criminal in nature or if the member cannot identify the source of an
alarm.
IDENTIFIED ALARM – Through investigation, interview and/or personal
experience, trained supervisor/designated member identifies alarm as both non-
criminal and non-threatening. Examples of sources that may cause an identified
alarm include, but are not limited to: licensed medical transporters, power plants,
research/medical facilities, naturally occurring background radiation and
common construction materials.
INNOCENT ALARM – Through investigation, trained supervisor/designated
member determines that the alarm activation was due to the proximity to an
individual following, or who is in the course of receiving medical radiation treatment.

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PROCEDURE Upon alarm activation of the personal radiation detection pager, and detection of
elevated radiation readings:

IF ABLE TO LOCATE SOURCE AND IDENTIFY AS AN “IDENTIFIED” OR


“INNOCENT” ALARM

NOTE Supervisors of specialized units present at the scene will perform the duties of the
platoon commander/patrol supervisor regarding necessary reporting requirements.

TRAINED 1. Make appropriate ACTIVITY LOG (PD112-145) entries.


MEMBER 2. Notify platoon commander/patrol supervisor.
UTILIZING
PAGER

PLATOON 3. Respond to scene and conduct investigation.


COMMANDER/ 4. Notify Counterterrorism Bureau, Lower Manhattan Security Coordination
PATROL Center (LMSCC), for ALL alarms, including “Innocent,” “Identified,” or
SUPERVISOR “Hostile” alarms.
5. Make appropriate ACTIVITY LOG entries.

IF UNABLE TO IDENTIFY OR LOCATE SOURCE, OR ABLE TO


IDENTIFY AS A “HOSTILE” ALARM

TRAINED 6. Conduct preliminary field investigation to determine source.


MEMBER 7. Request the response of the platoon commander/patrol supervisor.
UTILIZING 8. Establish the boundary where the alarm no longer signals radiation levels
PAGER and isolate and contain all persons inside boundary line and possible
contaminated area.
a. Immediately request the response of Emergency Service Unit
personnel.
b. Do not allow persons to enter affected area pending a determination
by ESU as to whether or not decontamination is necessary. An
AIDED REPORT will be completed for any persons who may
have been exposed. Comply with P.G. 212-37, “Hazardous
Materials,” P.G. 212-101, “Processing Unknown Substances
Suspected of Being Chemical, Biological, Radiological, Nuclear
(CBRN)/Hazardous Materials Evidence,” and P.G. 220 Series,
“Citywide Incident Management System (CIMS),” if appropriate.

PLATOON 9. Respond to scene and take appropriate action in accordance with the
COMMANDER/ nature or severity of the perceived threat.
PATROL a. Determine if additional personnel/equipment is needed.
SUPERVISOR

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PLATOON b. Assume role as initial Incident Commander and comply with P.G.
COMMANDER/ 212-37, “Hazardous Materials,” P.G. 212-40, “Bomb Threats
PATROL /Unattended Articles – Suspected/Reported Explosive Devices and Post
SUPERVISOR Explosion Bomb Scenes,” P.G. 213-03, “Rapid Mobilization,” P.G.
(continued) 212-101, “Processing Unknown Substances Suspected of Being
Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous
Materials Evidence,” and P.G. 220 Series, “Citywide Incident
Management System (CIMS),” if appropriate.
10. Confer with a supervisor from patrol precinct concerned if the trained
member utilizing the radiation pager is not assigned to that patrol
command prior to making a determination that an alarm is hostile.

NOTE Supervisory officers of patrol commands may have previous knowledge of the source
location of the alarm and may know the cause to be non hostile.

11. Notify police service area (PSA) or transit district desk officer if an
alarm was activated on police service area (PSA) or transit district
property.
12. Notify duty captain concerned via Patrol Borough Wheel.
13. Notify Counterterrorism Bureau, Lower Manhattan Security Coordination
Center (LMSCC) for ALL alarms, including “Innocent,” “Identified,” or
“Hostile” alarms.
14. Notify Operations Division.
15. Notify Intelligence Bureau WMD Desk to obtain log number.
16. Conduct investigation.
17. Make ACTIVITY LOG entry.
18. Direct the preparation of COMPLAINT REPORT (PD313-152) if
incident requires further investigation.

ESU MEMBER 19. Respond, identify source and take appropriate action.
20. Ensure ESU supervisor is responding.

RELATED Hazardous Materials (P.G. 212-37)


PROCEDURES Bomb Threats/Unattended Articles – Suspected/Reported Explosive Devices and Post
Explosion Bomb Scenes (P.G. 212-40)
Rapid Mobilization (P.G. 213-03)
Issuance and Maintenance of Radiation Detection Pagers Assigned to Commands (P.G. 219-27)
Processing Unknown Substances Suspected of Being Chemical, Biological,
Radiological, Nuclear (CBRN)/Hazardous Materials Evidence (P.G. 212-101)
Citywide Incident Management System (CIMS) (P.G. 220 SERIES)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS AIDED REPORT
COMPLAINT REPORT (PD313-152)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-104

INTERACTION WITH HEARING IMPAIRED PERSONS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 3

PURPOSE To facilitate the process of effective communication with members of the public
who are hearing impaired, including aided cases, crime victims, witnesses,
suspects or arrestees, and to obtain information from such individuals, through
the use of sign language interpreters or other auxiliary aids and services.

SCOPE The Americans with Disabilities Act, state and local law, in addition to Department
policy and procedure, requires that the Department maintain effective services,
practices and policies to ensure that the needs of hearing impaired individuals are
protected.

DEFINITIONS HEARING IMPAIRED – A person who possesses hearing abilities that are
limited to the extent that it constitutes a substantial limitation of an individual’s
activities. The impairment is to such a degree that it will be readily apparent to a
member of the service that the individual has difficulty understanding what is
communicated orally.

AUXILIARY AIDS – In addition to the services of a qualified sign language interpreter,


the use of gestures or visual aids to supplement oral communication, use of a notepad
and pen/pencil to exchange written notes, use of an assistive listening system or device
to amplify sound or other effective methods of delivering information or communicating
with an individual who is hearing impaired. Auxiliary aids may also include the use of
text telephones or other devices, accessed via use of a Telecommunications Relay
Service (TRS), or an individual’s personal communication device (such as a personal
digital assistant [PDA], telephone with text capability, etc.).

NOTE The type of aid that will be required for effective communication will depend on the hearing
impaired person’s usual method of communication. To serve each individual effectively, primary
consideration should be given to providing the type of communication aid or service requested by
the individual. Persons with hearing impairments must not be charged for the cost of an
auxiliary aid or service which is needed for effective communication.

QUALIFIED SIGN LANGUAGE INTERPRETER – A qualified sign language


interpreter is one who is able to interpret effectively, accurately and impartially,
both receptively and expressively, using any necessary specialized vocabulary.
A qualified interpreter must be able to interpret impartially, therefore, under
some circumstances (e.g., a domestic dispute, etc.), a family member, child or
friend of the individual with a hearing impairment may not be qualified to render
the necessary interpretation.

NOTE Every effort should be made to have a person not connected with the incident serve as an
interpreter. In exigent circumstances, the need to immediately communicate may take
precedence over the effort to secure an interpreter not involved in the incident.

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DEFINITIONS TELECOMMUNICATIONS RELAY SERVICE (TRS) – The Federal


(continued) Communications Commission (FCC) has adopted use of the “711” dialing code
for access to TRS. This permits persons with a hearing or speech disability to
use the telephone system via a telephone typewriter (TTY) or other device to call
persons with or without such disabilities. Conversely, voice users can also dial
“711” to be connected to a TRS operator, who will then relay the message to a
person with a hearing or speech disability via a TTY or other device.

311 SYSTEM FOR INDIVIDUALS WITH HEARING IMPAIRMENTS – The


City of New York also maintains a “311” non-emergency system for individuals
with hearing impairments. Persons with hearing impairments who wish to
inquire about City services or make complaints regarding a specific City agency
or service, can be directed to TTY number (212) 504-4115. The “311” operator
will then direct the inquiry/complaint to the appropriate City agency.

PROCEDURE When a member of the service has cause to interact with an individual who is
hearing impaired:

MEMBER OF 1. Ascertain from the person with the hearing impairment the type of
THE SERVICE auxiliary aid or services he/she requires.
2. Utilize appropriate auxiliary aids to facilitate communication.
3. Contact the desk officer if the services of a qualified sign language
interpreter are needed.
4. Follow P.G. 208-03, “Arrests – General Processing” in arrest situations
where probable cause has been established.

NOTE In cases where probable cause has been developed, the arrest of a hearing impaired
person shall proceed in accordance with standard arrest and safety procedures. Should
communication with a hearing impaired suspect be necessary to establish probable
cause, or for a pre-arrest interview, etc., the appropriate auxiliary aid should be
employed. When dealing with hearing impaired arrestees, auxiliary aids will be used to
communicate with the arrestee (e.g., informing arrestee of charges and nature of the
offense, interrogation, etc.). In situations where an arrestee would be permitted use of a
telephone, a qualified sign language interpreter can be used to communicate for a
hearing impaired arrestee, and the use of the TRS can be employed where the recipient
of a call uses a TTY.

5. Document in detail any auxiliary aids utilized in ACTIVITY LOG


(PD112-145).

DESK OFFICER 6. Ensure that auxiliary aids are utilized, if necessary.


7. Evaluate whether the services of a qualified sign language interpreter are
necessary.

NOTE In cases where the services of a qualified sign language interpreter are needed, the
Operations Unit should be contacted.

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DESK OFFICER 8. Make entry in the Command Log regarding:


(continued) a. Type of auxiliary aid used; or
b. Reason(s) for not using auxiliary aid(s) (i.e., qualified sign
language interpreter, etc.).

RELATED Preliminary Investigation of Complaints (Other than Vice Related or Narcotics


PROCEDURES Complaints) (P.G. 207-07)
Arrests – General Processing (P.G. 208-03)
Rights of Persons Taken into Custody (P.G. 208-09)
Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90)
Grievance Procedure for Members of the Public with Disabilities (A.G. 308-06)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-108

NOTIFICATIONS TO THE INTELLIGENCE BUREAU PURSUANT TO


ALERTS TRANSMITTED FROM THE NATIONAL CRIME
INFORMATION CENTER (NCIC)
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 3

PURPOSE To ensure that the Intelligence Bureau is notified of any contact made by
members of the service with individuals contained in the National Crime
Information Center (NCIC) Violent Gang and Terrorist Organization File
(VGTOF).

DEFINITIONS VIOLENT GANG AND TERRORIST ORGANIZATION FILE (VGTOF) – a


compilation of federal terrorist watch lists contained within the NCIC database.
Brief descriptions of the potential VGTOF positive “hit” handling codes used by
the NCIC are as follows:

HANDLING CODE 1 – ARREST – “WARNING – APPROACH WITH


CAUTION. ARREST THIS INDIVIDUAL. THIS INDIVIDUAL IS
ASSOCIATED WITH TERRORISM.” This individual is the subject of a formal
indictment or criminal charge and a warrant has been issued.

HANDLING CODE 2 – DETAIN – “WARNING – APPROACH WITH


CAUTION. PLEASE DETAIN THIS INDIVIDUAL FOR A REASONABLE
AMOUNT OF TIME FOR QUESTIONING. THIS INDIVIDUAL IS OF
INVESTIGATIVE INTEREST TO LAW ENFORCEMENT REGARDING
ASSOCIATION WITH TERRORISM.” This individual is the subject of an
active investigation and “reasonable suspicion” exists to detain this individual.

HANDLING CODE 3 – INVESTIGATION – DO NOT ALERT THIS


INDIVIDUAL TO THIS NOTICE. “WARNING – APPROACH WITH
CAUTION. THE PERSON QUERIED THROUGH THIS SEARCH MAY BE
AN INDIVIDUAL IDENTIFIED BY INTELLIGENCE INFORMATION AS
HAVING POSSIBLE TIES WITH TERRORISM.”

HANDLING CODE 4 – INFORMATION GATHERING – DO NOT


ALERT THIS INDIVIDUAL TO THIS NOTICE. “WARNING –
APPROACH WITH CAUTION. THE PERSON QUERIED THROUGH THIS
SEARCH MAY BE AN INDIVIDUAL IDENTIFIED BY INTELLIGENCE
INFORMATION AS HAVING POSSIBLE TIES WITH TERRORISM.”

NO HIT – If NCIC file checks come back NEGATIVE and the police officer
still believes that this incident or investigation is terrorism related, the police
officer will immediately contact the Intelligence Bureau – Criminal Intelligence
Section supervisor for further checks, instruction and access to the Federal
Bureau of Investigation (FBI) Counter Terrorism Watch (CTW) through existing
protocols.

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NOTE There may be cases in which the FBI is unable to confirm at the time of inquiry whether
or not the subject of the query / hit may have possible ties to terrorism. DO NOT
ARREST THIS INDIVIDUAL unless there is probable cause to believe that a federal,
state or local law has been violated. Provide all relevant information to the Intelligence
Bureau - Criminal Intelligence Section supervisor and comply with the instructions
provided.

PROCEDURE When a member of the service makes a computerized query of a person or


vehicle registration for an official law enforcement purpose (e.g., arrest, warrant
check, driver’s license/motor vehicle check, summons, etc.) and receives a
response from NCIC that the individual that they have queried matches data
contained in NCIC/VGTOF files, in addition to other required actions, will
comply with the following:

QUERIES CONDUCTED THROUGH THE COMMUNICATIONS SECTION

RADIO 1. Conduct query and read the NCIC/VGTOF hit information verbatim to
DISPATCHER the requesting member of the service in the field.
2. In all cases of terrorism alerts/hits received from NCIC/VGTOF,
immediately notify the patrol supervisor concerned of the handling codes
and their accompanying instructions.
3. Direct the involved member of the service to make an immediate
notification to the Intelligence Bureau, Criminal Intelligence Section
supervisor.

MEMBER OF 4. Verify the identity of the involved individual and confirm that he/she is in
THE SERVICE fact the same individual listed in the NCIC/VGTOF terrorism files.
5. Comply with the instructions contained in the NCIC/VGTOF handling
codes provided by the Communications Section dispatcher.

NOTE If conducting query via radio dispatcher, to enhance MOS safety, take steps to ensure
subject of inquiry cannot ascertain results transmitted by dispatcher.

6. Immediately notify the Intelligence Bureau, Criminal Intelligence Section


supervisor and comply with the instructions provided.
7. Request the response of the patrol supervisor.
8. Notify the desk officer, precinct of occurrence.

PATROL 9. Confirm the identity of the individual in question and take appropriate
SUPERVISOR action as indicated in the applicable NCIC/VGTOF instructions.
10. Immediately notify the Intelligence Bureau, Criminal Intelligence Section
supervisor for further checks and instruction.

DESK OFFICER 11. Ensure that an immediate notification is made to the Intelligence Bureau,
Criminal Intelligence Section supervisor.

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INTELLIGENCE 12. Obtain all relevant information.


BUREAU 13. Have Intelligence Bureau investigative personnel notified and
CRIMINAL immediately respond.
INTELLIGENCE 14. Have pertinent information entered into the Intelligence Data System.
SECTION 15. Notify the local FBI/Joint Terrorist Task Force (JTTF) and other
SUPERVISOR authorities of incident, as appropriate.

QUERIES CONDUCTED BY MEMBERS OF THE SERVICE IN THE


STATIONHOUSE

MEMBER OF 16. Verify the identity of the involved individual and confirm that he/she is in
THE SERVICE fact the same individual listed in the NCIC/VGTOF terrorism files.
17. Comply with the instructions received in the NCIC/VGTOF handling
codes received in the reply from NCIC.
18. Immediately notify the Intelligence Bureau, Criminal Intelligence
Section supervisor and comply with the instructions provided.
19. Notify the desk officer, precinct of occurrence.

DESK OFFICER 20. Confirm the identity of the individual in question and take appropriate
action as indicated in the applicable NCIC/VGTOF instructions.
21. Immediately notify the Intelligence Bureau, Criminal Intelligence Section
supervisor for further checks and instruction.

INTELLIGENCE 22. Obtain all relevant information.


BUREAU 23. Have Intelligence Bureau investigative personnel notified and
CRIMINAL immediately respond.
INTELLIGENCE 24. Have pertinent information entered into the Intelligence Data System.
SECTION 25. Notify the local FBI/JTTF and other authorities of incident, as appropriate.
SUPERVISOR

ADDITIONAL Department form entitled “POSSIBLE INDICATORS OF TERRORIST ACTIVITY”


DATA (PD 378-111) has been revised to include information contained in this procedure. This
Activity Log insert is to be maintained by each uniformed member of the service below
the rank of Captain and is to be kept in every RMP for immediate reference.

RELATED Required Firearms/Equipment (P.G. 204-09)


PROCEDURES Arrests – General Processing (P.G. 208-03)
Performing Local, State and Federal Warrant Checks (P.G. 208-22)
Notifications in Certain Arrest Situations (P.G. 208-69)
Notification to the Detective Bureau when a Specified Condition Exists/is Suspected (P.G. 208-73)
Processing Warrant Checks Over Citywide I and II Radio (P.G. 209-25)

FORMS AND POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD 378-111)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-111

REQUESTS FOR U VISA CERTIFICATIONS AND/OR


T VISA DECLARATIONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/13/19 06/13/19 1 of 3

PURPOSE To provide members of the service with guidance on how to assist a person who is
requesting a U visa certification and/or a T visa declaration.

DEFINITIONS USCIS – United States Citizenship and Immigration Services (USCIS) is the
federal component of the Department of Homeland Security (DHS) that has the
sole authority to approve or deny (adjudicate) petitions for U nonimmigrant status
(U visa) and/or T nonimmigrant status (T visa).

U VISA CERTIFICATION:

U VISA CERTIFICATION – USCIS Form I-918, Supplement B, U


Nonimmigrant Status Certification, a document that the Department may,
at its discretion, complete free of charge for an eligible victim of a
qualifying crime who is petitioning USCIS for U nonimmigrant status.

U NONIMMIGRANT STATUS (U VISA) – Temporary, four-year


nonimmigrant status granted to victims of certain qualifying criminal
activities, as designated by U.S. Citizenship and Immigration Services
(USCIS).

T VISA DECLARATION:

T VISA DECLARATION – USCIS Form I-914, Supplement B,


Declaration of Law Enforcement Officer for Victim of Trafficking in
Persons, a document that the Department may, at its discretion, complete
free of charge for eligible victims of severe forms of human trafficking who
are petitioning USCIS for T nonimmigrant status.

T NONIMMIGRANT STATUS (T VISA) – Temporary, four-year


nonimmigrant status granted to victims of a severe form of human
trafficking, as designated by USCIS.

PROCEDURE When a person requests a U visa certification (USCIS Form I-918, Supplement B,
U Nonimmigrant Status Certification) and/or T visa declaration (USCIS Form I-
914, Supplement B, Declaration of Law Enforcement Officer for Victim of
Trafficking in Persons):

UNIFORMED 1. Provide reasonable assistance to requesting person (e.g., medical aid, etc.).
MEMBER OF
THE SERVICE

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-111 06/13/19 2 of 3

WHEN REQUESTING A U VISA CERTIFICATION

UNIFORMED 2. Inform requesting person(s) that they can obtain information on how to
MEMBER OF request a certification as follows:
THE SERVICE a. Visit the Department’s public internet website and enter “U visa”
into the search caption.
3. Contact Domestic Violence Unit for assistance, if necessary.
4. Refer to A.G. 308-07, “Review of Requests for U Visa Certifications” for
further information.

NOTE Uniformed members of the service should not directly collect, handle, or forward any
documents related to a certification request from members of the public.

The Chief of Department’s Domestic Violence Unit is the Department’s designated U Visa
Certification Office. This office reviews all certification requests regardless of the
qualifying criminal activity. Uniformed members of the service should be aware that
members of the public may not be familiar with the word “certification,” and may instead
ask for a “U visa,” “U status,” or the “U.” The Department does not give or assign any
immigration status. Uniformed members of the service should follow the applicable
portions of this procedure when asked about U status, U certifications, U visas, or any
related colloquial terms for U nonimmigrant status.

WHEN REQUESTING A T VISA DECLARATION

UNIFORMED 5. Inform requesting person(s) that they can obtain information on how to
MEMBER OF request a declaration as follows:
THE SERVICE a. Visit the Department’s public internet website and enter “T visa”
into the search caption
6. Contact Vice Enforcement Division for assistance, if necessary.
7. Refer to D.G. 502-34, “Review of Requests for T Visa Declarations for
Victims of Severe Human Trafficking” for further information.
NOTE Uniformed members of the service should not directly collect, handle, or forward any
documents related to a declaration request from members of the public.
The Vice Enforcement Division is the Department’s designated T Visa Declaration Office
and therefore, it is the only entity with the authority to receive and review requests for
declaration, including any documents related to the request. The Office reviews each
request and makes a determination on a case-by-case basis. Requesting a declaration from
the Department does not guarantee that the applicant will receive it. A completed T visa
declaration does not assign legal immigration status. The Department does not have
authority to assign or give any immigration status.

IN ALL CASES

UNIFORMED 8. Comply with New York City’s policy regarding immigrants, as delineated
MEMBER OF in P.G. 212-66, “City Policy Concerning Identifying Information and
THE SERVICE Access to City Services.”

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-111 06/13/19 3 of 3

ADDITIONAL The Department of Homeland Security (DHS) has created a U and T Visa Law
DATA Enforcement Resource Guide that has information on T visa declarations, including
frequently asked questions that is available on their website.

RELATED City Policy Concerning Identifying Information and Access to City Services (P.G. 212-66)
PROCEDURES Review of Requests for U Visa Certifications (A.G. 308-07)
Review of Requests for T Visa Declarations for Victims of Severe Human Trafficking (D.G. 502-34)

FORMS AND USCIS Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim
REPORTS of Trafficking in Persons
USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-114

AUTHORIZATION/NOTIFICATION REGARDING
DEPARTMENT CEREMONIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/04/18 12/04/18 1 of 3

PURPOSE To initiate timely notification to the Ceremonial Unit to ensure appropriate


Department participation in ceremonies and eliminate scheduling conflicts.

PROCEDURE When a Department unit is requesting permission to host a ceremony or when a member
of the service becomes aware of a ceremony being coordinated by a private organization
to honor a member of the service (e.g., Street Renaming Dedication Ceremony).

UNIT 1. Prepare a Typed Letterhead outlining the particulars of the event, at least
COMMANDER/ thirty days prior to the event, when possible, and forward through channels to
MEMBER the Ceremonial Unit, Police Academy, Room 761.
CONCERNED

NOTE To ensure that the Ceremonial Unit is apprised of the event in a timely fashion,
immediately fax a copy of the report/request directly to the Ceremonial Unit. A sample
of the Typed Letterhead has been included in the Additional Data statement.

CEREMONIAL 2. Review the report/request and determine if any scheduling conflicts exist.
UNIT 3. Forward report/request, with recommendations to the Commanding Officer,
PERSONNEL Deputy Commissioner, Employee Relations for final approval.

COMMANDING 4. Review report/request and notify Ceremonial Unit if the request has been
OFFICER, approved or disapproved.
DEPUTY
COMMISSIONER,
EMPLOYEE
RELATIONS

CEREMONIAL 5. Notify command concerned of Department’s decision regarding the event.


UNIT 6. Coordinate Department resources regarding all approved events.
PERSONNEL

ADDITIONAL No Department unit is authorized to participate or host any ceremony prior to obtaining
DATA approval. No additional Department resources, other than those approved, will
participate in the event.

Commanders will make every effort to ensure that their commands remain operational
during the ceremony. Indicate in the Typed Letterhead if the unit will remain
operational during the ceremony and if it will be staffed with command personnel or by
personnel from outside commands.(i.e., Strategic Response Group)
The Typed Letterhead should provide an overview of the command resources
participating in the event as follows:
a. Include the number of members attending the event, how many will be
in uniform or civilian clothes and how many will be on or off-duty.
b. Indicate if the ceremony is an annual or one time event and the type of
Department resources the command requests to participate in the
ceremony (i.e., Chaplain, bugler, helicopter, etc.).
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-114 12/04/18 2 of 3

ADDITIONAL c. Address issues such as, alternate dates, alternate site if inclement
DATA weather, etc., and provide a guest list and contact person.
(continued)
To enable as many family members and friends of the honoree to attend the event, every
effort will be made to schedule the event on a weekend. Commanders must articulate the
reason why the event is not scheduled on a weekend in their Typed Letterhead.

Sample Typed Letterhead


002 Precinct #100-2005

POLICE DEPARTMENT
CITY OF NEW YORK

May 15, 2005

From: Commanding Officer, 002 Precinct


To: Commanding Officer, Ceremonial Unit (Through Channels)
Subject: REQUEST AUTHORIZATION TO HOST A STREET RENAMING CEREMONY
1. The undersigned requests authorization for this command to host a Street Renaming Ceremony
to honor fallen Police Officer John Smith, Tax Registry #000000, Shield #00000, 002 Precinct (include details
of incident).
2. Below are the details regarding this ceremony:
a. Day: Tuesday
(Not scheduled on a weekend due to the family’s request)
b. Date: July 19, 2005
(Alternate dates Sunday, July 24 and Saturday, August 20)
c. Time: 1000 hours
(Refreshments immediately following at 002 Precinct)
d. Location: In the street in front of the 002 Precinct
(In the lobby of the 002 Precinct if inclement weather)
e. Type of Ceremony: Street Renaming Ceremony
f. List of Distinguished Guests (i.e., family members, City Councilman, etc.)

g. The 002 Precinct will remain operational during the ceremony, however a total of
twenty members from Strategic Response Group will be utilized to provide patrol
coverage from 0930 hours to 1230 hours.
h. Approximately 75 members of the 002 Precinct will participate in the event, 25 will be on-
duty and in uniform and 50 members will be off-duty and in uniform. Approximately 30
retired members from the 002 Precinct will attend the event in civilian clothes.
Additionally, it is anticipated that approximately 50 people from the community will also
attend the ceremony.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-114 12/04/18 3 of 3

i. This ceremony is a one time event and not held on an annual basis.
j. The following Department resources are requested to participate:
(1) One member from the Ceremonial Unit to coordinate the event
(2) Color Guard
(3) Bugler
(4) Two bagpipers
(5) Department singer
(6) Department Chaplain
(7) Member of the Photo Unit
(8) One helicopter from Aviation Unit for a fly over
(9) Two Highway Units to escort family members
(10) Four Traffic Agents for traffic control
(11) Two members from the Mounted Unit
k. Detective Sonia Rivera, 002 Precinct Community Affairs Unit, (646) 610-0000, Cell
#(917) 111-1000, Monday- Fridays 1000 x 1800 hours, is the individual responsible
for coordinating this ceremony.
l. Request that the Mayor, Police Commissioner and the Executive Staff be invited to
attend the ceremony.
3. For your information and consideration.
Brian James
Inspector

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-118

INCIDENTS INVOLVING HOLDERS OF HANDGUN LICENSES OR


RIFLE/SHOTGUN PERMITS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/14/18 03/14/18 1 of 4

PURPOSE To report incidents involving holders of handgun licenses or rifle/shotgun permits.

PROCEDURE When a holder of a handgun license or rifle/shotgun permit is involved in an


incident coming to the attention of the Department:

COMMANDING 1. Assign supervisor to conduct investigation and ascertain facts when a holder of a
OFFICER/ handgun license or rifle/shotgun permit is involved in an incident (see
DUTY “ADDITIONAL DATA” statement for incidents that require an investigation).
CAPTAIN

DESK OFFICER 2. Make an immediate telephone notification in ALL incidents involving holders of
handgun licenses or rifle/shotgun permits to License Division, Incident Section.
a. Make notification directly to a License Division, Incident Section
member or License Division supervisor, Monday though Friday
0630 x 1700 hours.
b. All other hours, leave a detailed message on the License Division,
Incident Section voicemail and include:
(1) Type of incident, date, time, location of incident and
identity of handgun licensee or rifle/shotgun permit holder
(2) Name and rank of investigating supervisor and/or reporting
officer
(3) Identify the Department reports prepared to document the
incident and include relevant Department report numbers,
if available.
3. Ensure all appropriate reports are prepared to document the incident,
including but not limited to:
a. PROPERTY CLERK INVOICE (PD521-141)
b. COMPLAINT REPORT (PD313-152)
c. ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-159)
d. New York State Domestic Incident Report (DCJS-3221)
e. UNUSUAL OCCURRENCE REPORT (PD370-152)
f. Other Typed Letterhead, as appropriate.
4. Direct holder of handgun license or rifle/shotgun permit reporting loss of a
license/permit to report to the License Division for a new license/permit.
a. Direct the preparation of a COMPLAINT REPORT.
5. Direct the handgun licensee or rifle/shotgun permit holder to contact the
License Division, Incident Section, when involved in any incident.

INVESTIGATING 6. Investigate the circumstances surrounding the incident and ascertain the
SUPERVISOR following information to be included in the Department report(s) prepared:
ASSIGNED

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-118 03/14/18 2 of 4

INVESTIGATING a. If the licensee has a Carry Guard license, ascertain whether the handgun
SUPERVISOR was possessed while actually engaged in the security related employment
ASSIGNED that corresponds with the address listed on the license, or if possessed
(continued) when traveling directly between that place of employment and residence
b. If the licensee has a Carry Business or Special Carry license, ascertain
whether the licensee is employed by, or operating a business that
corresponds with the address listed on the license at the time of incident
c. If the licensee has a Premise Residence or Premise Business license,
ascertain whether the handgun was possessed at the premise listed on
the license; or if licensee claims to have been traveling to or from an
authorized range, ascertain whether the handgun was unloaded in a
locked container with ammunition carried separately, and whether
the licensee was traveling directly to and from the range
d. If a licensee has a Limited Carry license, ascertain whether the
handgun was possessed at the address listed on the license, or if
carried elsewhere, whether the licensee was in compliance with
time, day of week, and place restrictions listed on rear of the license
e. If a firearm is reported lost or stolen, or for any other incident, ascertain
whether or not the firearm was properly safeguarded. Include statement
as to whether any unauthorized person(s) had access to the handgun
f. If an allegation exists that the licensee made threatening statements,
improperly displayed a firearm, was involved in a firearms discharge
or for any ongoing disputes, ascertain whether all relevant
parties/witnesses have been identified and interviewed.
7. Seize handgun license or rifle/shotgun permit and all firearms listed if:
a. The licensee/permit holder is arrested, regardless of charge
b. An Order of Protection exists against the licensee/permit holder
c. The incident involves physical force or the threat of physical force
d. Circumstances lead to the belief that continued presence of a
firearm would create an unjustifiable risk of unlawful use or
possession of the firearm, or injury to licensee/permit holder or
another person
e. Further investigation by the License Division is needed to
determine whether the actions of the licensee/permit holder affect
their qualifications for the license or permit
f. Any other situation that may affect public safety.
(1) Members are reminded that public safety is the overriding
concern when considering the removal of a licensed firearm.
8. Invoice firearms only on PROPERTY CLERK INVOICE.
a. Include the following statement in the “Remarks” section of the
PROPERTY CLERK INVOICE “Firearms shall not be released
without written authorization of the Commanding Officer, License
Division.”

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-118 03/14/18 3 of 4

INVESTIGATING 9. Prepare a Typed Letterhead to the Commanding Officer, License


SUPERVISOR Division for all incidents unless a COMPLAINT REPORT, ON LINE
ASSIGNED BOOKING SYSTEM ARREST WORKSHEET, New York State
(continued) Domestic Incident Report, UNUSUAL OCCURRENCE REPORT, or
other Typed Letterhead was prepared detailing an explanation of the
licensee’s/permit holder’s actions and includes the information ascertained
from the investigation of the incident.
10. Prepare a Typed Letterhead to Commanding Officer, License Division
upon a voluntary surrender of a firearm, unless the reason for the
surrender is explained in either the “Remarks” section of the
PROPERTY CLERK INVOICE or on another report, as appropriate.
11. Forward the following to the License Division, Incident Section:
a. Copy of all Department reports prepared in relation to incident
b. Any seized license(s)/permit(s), if applicable
c. Typed Letterhead, if applicable.

ADDITIONAL INCIDENTS INVOLVING A HOLDER OF A HANDGUN LICENSE OR RIFLE/SHOTGUN


DATA PERMIT THAT REQUIRE AN INVESTIGATION TO BE CONDUCTED:

Incidents involving a holder of a handgun license or rifle/shotgun permit that require an


investigation to be conducted include:
a. Lost firearms
b. Stolen firearms (burglary or larceny)
c. Voluntary surrender of firearms
d. Allegations of improper display of firearm
e. Violating terms, conditions, or rules relating to the license/permit (including but
not limited to carrying a firearm in public with a premise license, transporting a
firearm on a premise license for use at an authorized range that is not unloaded
in locked box, and exceeding time or place restrictions on a Limited Carry
license)
f. All domestic incidents coming to the attention of the Department
g. An Order of Protection in existence or being sought by or against the
license/permit holder
h. Ongoing or recurring disputes that have potential for violence or allegations of
threatening statements
i. Co-habitating with a known criminal or other dangerous person
j. Eviction or damage to premise (such as fire) that affects ability to safeguard
firearm at approved premise
k. Suicide or other devastating incidents in the home
l. Mental health issues
m. Any firearm discharge (except target practice at an authorized range)
n. Any arrest or criminal court summons
o. Other incident or allegation that requires a follow-up investigation by the
License Division.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-118 03/14/18 4 of 4

ADDITIONAL REMOVAL OF FIREARMS FROM LICENSEE/PERMIT HOLDER


DATA
(continued) The Department has broad authority to remove firearms and temporarily suspend a
license/permit during the investigation of an incident as outlined above. Prior conferral
with the License Division, Incident Section is not required in order to remove firearms
and a license/permit from a licensee or permit holder. Members are reminded that
public safety is the overriding concern when considering the removal of a licensed
firearm.

If the firearm cannot be readily obtained at the time the decision to remove firearm is
made, the licensee or permit holder shall be advised that he or she must surrender said
firearm(s) pursuant to License Division regulations, and shall be given an opportunity to
surrender them voluntarily. In the case of an arrest, or an Order of Protection, or any
assessment of imminent danger, if the firearm(s) cannot be obtained by consent, and
there is probable cause to believe that they are in a particular location, a search
warrant will be obtained prior to seizure of the firearm(s), unless exigent circumstances
justify an immediate seizure. The supervisor assigned will make every effort to obtain
the firearm(s) either by consent or with a search warrant.

In all cases, the investigating supervisor and reporting officer(s) must be made available
upon request of the License Division investigators to discuss the incident and provide
assistance during follow-up investigations and possible hearings at the License Division.

A check of the Automated License Permit System (ALPS) can be conducted to determine
whether a person (or any person at a given address) has an active handgun license or
rifle/shotgun permit. Members of the service can access the system through the
Department’s Intranet site under “NYPD Applications.”

RELATED Complaint Reporting System (P.G. 207-01)


PROCEDURES Arrest-General Search Guidelines (P.G. 208-05)
Processing Firearms and Firearm-Related Evidence (P.G. 218-23)

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS PROPERTY CLERK INVOICE (PD521-141)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
UNUSUAL OCCURRENCE REPORT (PD370-152)
New York State Domestic Incident Report (DCJS-3221)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-119

INVESTIGATIONS OF ANIMAL ABUSE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 3

PURPOSE To properly investigate complaints of animal abuse.

SCOPE Pursuant to Agriculture and Markets Law, Article 26, Section 371, entitled
“Power of Police Officer,” police officers may arrest any person violating any
provisions of this article and may lawfully take animals into custody to prevent
the perpetration of any act of cruelty upon any animal. Upon arrest for such
violation, the arresting officer will issue a DESK APPEARANCE TICKET or
summons (if the arrestee is qualified) except for those offenses designated as
Unclassified Felonies.

DEFINITIONS ANIMAL ABUSE PREVENTION LIAISON – Executive member of the service


designated by the Chief of Patrol to collaborate and share information with the
American Society for the Prevention of Cruelty to Animals (ASPCA) regarding
animal abuse complaints. The Liaison will be responsible for the coordination of
all Department training related to Animal Abuse involving the ASPCA and will
be responsible for compiling all data related to animal abuse complaints to be
shared with the ASPCA.

ASPCA – A non-profit corporation organized under the laws of the State of New
York.

PROCEDURE When a uniformed member of the service receives a complaint of animal abuse:

COMPLAINTS RECEIVED VIA THE ASPCA

ANIMAL 1. Forward all complaints of animal abuse received from the ASPCA to the
ABUSE special operations lieutenant of the command concerned.
PREVENTION
LIAISON

SPECIAL 2. Assign a member of the service to investigate complaints received from


OPERATIONS the Animal Abuse Prevention Liaison.
LIEUTENANT

COMPLAINTS RECEIVED VIA 311

TELEPHONE 3. Comply with Patrol Guide 214-35, “Processing Quality of Life


SWITCHBOARD Complaints Using the 311 Terminal” and have the 311 complaint
OPERATOR dispatched as a command assignment.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-119 03/18/19 2 of 3

IN ALL CASES

UNIFORMED 4. Respond to location and ascertain all facts.


MEMBER OF a. Interview involved parties concerning the animal abuse
THE SERVICE allegations.
b. Observe condition of the animal and its living conditions.
5. Determine if any applicable laws have been violated (i.e., Agriculture and
Markets Law, Penal Law, etc.) and take enforcement action, including
summary arrest.
a. If no violation has occurred, attempt to correct the condition by
instructing the owner/custodian on proper care and handling of
animals.
b. If there is probable cause to believe an offense has occurred,
prepare a COMPLAINT REPORT WORKSHEET (PD313-
152A).
c. If no further action is required, the condition was corrected, or all
investigative avenues have been exhausted and no known
perpetrator has been identified, close complaint to patrol.
d. If the ends of justice will not be met by taking enforcement action
(i.e., unintentional neglect due to hoarding), notify ASPCA
Hotline for referral to Cruelty Intervention Advocacy Program
and close the complaint to patrol.
e. Refer major cases or cases requiring the expertise of the Detective
Bureau to the precinct detective squad.
f. Refer complaints of organized crime involving animal abuse (e.g.,
animal fighting for the purpose of gambling) to the Detective
Bureau.
6. Determine if the animal needs to be removed from the location.
a. Request response of the patrol supervisor when the removal of the
animal is required.
b. Apparently abused animals will be transported to an ASPCA
facility for examination.
7. Document removal of any animal in ACTIVITY LOG (PD112-145).
a. Have person receiving animal at ASPCA intake facility sign
ACTIVITY LOG as receipt to document chain of custody.

PATROL 8. Respond to the scene if requested and verify that the animal needs to be
SUPERVISOR removed from the location.
a. Ensure compliance with Patrol Guide 214-33, “Care and
Disposition of Animals.”
b. If it is necessary to remove an animal for further investigation, but
probable cause does not exist, ask the owner if they are willing to
voluntarily surrender the animal.
c. Confer with Legal Bureau before attempting to obtain a warrant to
remove an animal.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-119 03/18/19 3 of 3

SPECIAL 9. Query Omniform and 311 System weekly to ensure complaints of animal
OPERATIONS abuse are being investigated and/or referred as appropriate and take
LIEUTENANT corrective action, if necessary.

ANIMAL 10. Confer with the ASPCA Liaison on a monthly basis to discuss the
ABUSE previous month’s animal cruelty activity.
PREVENTION
LIAISON

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
The ASPCA has established a hotline to assist members of the service while in the field.
Members of the service should contact the newly established hotline if assistance is
needed in determining charges to be filed or if information is needed on proper care and
handling of an animal.

When a member of the service accepts voluntary surrender of an animal, the member of
the service will make an ACTIVITY LOG entry utilizing the following language and
ensure that the owner of the animal signs the ACTIVITY LOG entry:

I [insert name] am over eighteen years old and the owner of [describe animal]. I
voluntarily surrender ownership of my [describe animal] to the New York Police
Department. I understand that ownership of my [describe animal] will be immediately
transferred to the ASPCA. I understand that I am giving up all my rights to this animal,
now and in the future. I have not been threatened or promised anything in exchange for
my agreement to surrender my animal.

Date. Sign.

LEGAL CONSIDERATIONS

An animal is considered private property, therefore, if probable cause does not exist
and/or if the owner does not voluntarily surrender the animal, a member of service must
obtain a warrant to remove the animal.

RELATED Force Guidelines (P.G. 221-01)


PROCEDURES Desk Appearance Ticket – General Appearance (P.G. 208-27)
Care and Disposition of Animals (P.G. 214-33)
Processing Quality of Life Complaints Using the 311 Terminal (P.G. 214-35)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT
COMPLAINT REPORT WORKSHEET (PD313-152A)
DESK APPEARANCE TICKET

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-121

UNAUTHORIZED RADIO TRANSMISSION


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/02/15 12/02/15 1 of 2

PURPOSE To enhance the safety of uniformed members of the service and to properly
investigate unauthorized radio transmissions.

SCOPE The Communications Division, Tape and Records Unit is the only Department unit
that is authorized to produce and disseminate official reproductions of Department
911 call audios, radio dispatch audios and ICAD Event Information Reports.

Department 911 call audios and radio dispatch audios are retained for 180 days
and ICAD Event Information Reports are retained for ten years.

PROCEDURE When requesting a unit identification regarding an unauthorized radio


transmission:

COMMANDING 1. Request recording(s) of the “Main CEB Receive” audio and “Combined
OFFICER, Console” audio from the Commanding Officer, Tape and Records Unit on
REQUESTING Department form REQUEST REPRODUCTION OF SUSPECTED
COMMAND UNAUTHORIZED TRANSMISSION (PD347-161).
a. All necessary captions must be completed with special attention
given to the date and time of occurrence, channel/frequency of the
suspected unauthorized transmission, and nature of the suspected
unauthorized transmission (e.g., whistling, multiple key ups,
and/or statements, etc.).
2. Pick up a copy of the recording(s) from the Tape and Records Unit, One
Police Plaza, Room 910A.
3. Review the audio recording(s) and prepare a report on Typed Letterhead
to the Commanding Officer, Electronics Section indicating the exact
substance of the suspected transmission (e.g., whistling, multiple key ups,
and/or statements, etc.) and the specific time it appears on the recording.
4. Forward all documents along with the recorded audio from the Tape and
Records Unit to the Electronic Section for further investigation.

ELECTRONICS 5. Review the recording(s) and all documentation from Commanding


SECTION Officer, requesting command.
6. Prepare a report on Typed Letterhead, with findings.
a. All information regarding the Department radio used in the
unauthorized transmission will be included in the report (e.g.,
unique identifiers, member of service, command and/or vehicle
the radio is assigned to, etc.).

COMMANDING 7. Pick up report from the Electronics Section.


OFFICER,
REQUESTING
COMMAND

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-121 12/02/15 2 of 2

ADDITIONAL LEGAL CONSIDERATIONS


DATA
911 call audios, radio dispatch audios, ICAD Event Information Reports obtained from
the Tape and Records Unit and/or Electronics Section should not be reproduced,
duplicated, copied, etc., and will not be provided to any non-Department personnel.
When applicable, direct any non-Department personnel requesting audios and records,
to the Communications Division, Tape and Records Unit.

RELATED Processing Subpoenas for Police Department Records and for Testimony by Members of
PROCEDURES the Service (P.G. 211-15)

FORMS AND REQUEST REPRODUCTION OF SUSPECTED UNAUTHORIZED TRANSMISSION


REPORTS (PD347-161)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-122

REQUEST TO ARCHIVE AND/OR OBTAIN FOOTAGE FROM CLOSED


CIRCUIT TELEVISION (CCTV) CAMERAS ACCESSIBLE THROUGH
THE DOMAIN AWARENESS SYSTEM (DAS)
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/11/17 12/11/17 1 of 1

PURPOSE To establish guidelines to archive and/or obtain a copy of footage from closed
circuit television (CCTV) cameras accessible through the Domain Awareness
System (DAS).

PROCEDURE When a member of the service seeks to archive and/or obtain a copy of footage
from a CCTV camera accessible through DAS for official Department business:

INVESTIGATING 1. Submit request to retrieve CCTV video through the Lower Manhattan
OFFICER/ Security Initiative (LMSI) application via the Department Intranet within
SUPERVISOR 30 days from the date of recording to the Video Retrieval Unit (VRU) of
CONCERNED the Lower Manhattan Security Initiative.

NOTE Video for which no request for retention is made will be retained for only 30 days from
date of recording. If, due to exigent circumstances, a copy of footage is required
immediately, the VRU may be contacted directly at 55 Broadway, 28th floor, New York,
N.Y. 10004 or at (646) 826-7201. In such cases, making the request by telephone does
not replace the need to submit the request through the LMSI application.

2. Comply with Patrol Guide 218-01, “Invoicing Property – General


Procedure,” if request is approved.

ADDITIONAL All members of the service are reminded that footage from CCTV cameras are intended
DATA for legitimate law enforcement purposes only. Use of footage for personal or non-
Departmental business is strictly prohibited.
Requests for footage from cameras within Department facilities must be submitted in the
above manner by the commanding/executive officer concerned.

RELATED Invoicing Property – General Procedure (P.G. 218-01)


PROCEDURES Lower Manhattan Security Coordination Center Domain Awareness System Video (D.G.
503-12)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-123

USE OF BODY-WORN CAMERAS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
01/08/18 01/08/18 1 of 8

PURPOSE To visually and audibly record certain interactions between uniformed members
of the service and the public for official law enforcement purposes.

SCOPE The Department is issuing Body-Worn Cameras (BWCs) to certain uniformed


members of the service. This procedure applies to all uniformed members of the
service issued a BWC as well as personnel responsible for supervising,
supporting and maintaining the use of BWCs.

PROCEDURE When a uniformed member of the service is assigned a Body-Worn Camera (BWC):

UNIFORMED 1. Prior to roll call:


MEMBER OF a. Retrieve the personally assigned BWC from the docking station
THE SERVICE b. Turn power on and inspect the BWC to ensure that the battery is
charged and the device is operational
c. Position the BWC to facilitate the optimal recording field of view.
This will normally entail attaching it to the outermost garment in
the center of the chest using the mounting hardware provided.
2. Utilize BWC only when personally issued and authorized by the
Department to record official activity while on-duty.
a. The use of any non-Department issued recording device is strictly
prohibited.
3. Notify the desk officer if a BWC is not functioning properly, becomes
damaged or is otherwise unaccounted for at any point during the tour and
document notification in ACTIVITY LOG (PD112-145).

MANDATORY ACTIVATION OF BWC

UNIFORMED 4. Activate BWC prior to engaging in, or assisting another uniformed


MEMBER OF member of the service with the following police actions:
THE SERVICE a. Potential crime-in-progress assignments, including:
(1) 10-10 (e.g., suspicious person, shots fired, person with a
gun, person selling drugs, etc.)
(2) 10-50 disorderly person or group
(3) 10-30 series
(4) 10-85 (excluding administrative assistance) and 10-13
(5) Any incident involving a weapon
(6) ShotSpotter activation.
b. Interior patrols of New York City Housing Authority buildings as
well as any privately owned buildings. The BWC must be
activated upon entering the building and will not be deactivated
until exiting the building and terminating the interior patrol along
with any associated police action
c. Public interactions that escalate and become adversarial
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UNIFORMED d. Interactions with an emotionally disturbed person


MEMBER OF e. Interactions with persons suspected of criminal activity
THE SERVICE f. A search of an individual and/or his/her belongings, except for
(continued) strip searches
g. Vehicle stops
h. Summonses, except for a Notice of Parking Violation (parking
violation summons) unless the owner/operator is present
i. Use of force as defined in P.G. 221-03, “Reporting and
Investigation of Force Incident or Injury to Persons During Police
Action”
j. Arrests.
5. Notify patrol/unit supervisor when there is a failure to record a mandatory
event as described in step “4.”
a. Document notification in ACTIVITY LOG.

BWC ACTIVATION, NOTICE OF RECORDING AND EXIGENT


CIRCUMSTANCES

UNIFORMED 6. Begin recording prior to or immediately upon arrival at incident location.


MEMBER OF 7. In the event of an unanticipated or exigent occurrence, activate the BWC
THE SERVICE as soon as it is feasible and safe to do so after taking necessary police
action to preserve human health and safety. At no time should proper
tactics be compromised to begin a recording.
8. As soon as reasonably practical, notify members of the public that an
interaction is being recorded, unless notification could compromise the
safety of any person or impede an investigation.
a. Suggested notification: “Sir/Ma’am, I am wearing a body-camera
and this encounter is being recorded.”
b. Consent is not required to start or continue recording.

DISCRETIONARY ACTIVATION OF BWC

UNIFORMED 9. Uniformed members of the service may record other official activities
MEMBER OF when, in the uniformed member’s judgment, it would be beneficial to
THE SERVICE record, so long as it is not one of the prohibited recordings described in
step “11.”

DEACTIVATION OF BWC

UNIFORMED 10. Once the BWC has been activated, continue recording until the
MEMBER OF investigative, enforcement, or other police action is concluded.
THE SERVICE a. In the case of an arrest, continue recording until the prisoner is
lodged at the command for arrest processing.

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UNIFORMED b. The uniformed member of the service may choose to deactivate


MEMBER OF the BWC upon the request of a member of the public if a suspect
THE SERVICE is not present, and it is safe and advisable to do so after
(continued) considering all the circumstances, including the requester’s desire
for privacy or confidentiality.

PROHIBITED BWC RECORDINGS

UNIFORMED 11. Do not activate the BWC for any of the following:
MEMBER OF a. Performance of administrative duties or non-enforcement functions
THE SERVICE b. Routine activities within Department facilities
c. Departmental meetings or training
d. Off-duty employment including paid detail assignments
e. Interviewing a current or potential confidential informant
f. Undercover officers
g. Interviewing the victim of a sex crime, as soon as the nature of the
offense becomes apparent
h. Strip searches
i. When present in a court facility, except for the immediate lodging
of a prisoner
j. The inside of a medical facility.
12. Notify patrol/unit supervisor if a prohibited event as described in step
“11” was recorded.
a. Document notification in ACTIVITY LOG.

DEMONSTRATIONS AND CIVIL DISOBEDIENCE

UNIFORMED 13. Record only if engaged in one of the actions listed in step “4” above
MEMBER OF (Mandatory Activation of BWC) and in uniform.
THE SERVICE a. The Technical Assistance and Response Unit (TARU) remains
solely responsible for documenting protests, demonstrations,
political events, etc., by means of photos and/or video.

DOCUMENTATION, MAINTENANCE AND NOTICES FOR CASE USE

UNIFORMED 14. Access the video management system on the Department intranet to
MEMBER OF “categorize” and or “tag” videos based upon the nature of the event
THE SERVICE utilizing the “Edit Details” feature.
a. The default category for BWC video is “Uncategorized.”
b. Select one category, if any or all are applicable, from the
dropdown list in the following priority order:
(1) Arrest
(2) Homicide
(3) Summons
(4) Investigative Encounter.

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UNIFORMED c. Select all applicable “Tags” from the dropdown list provided
MEMBER OF under the “Add tag” feature.
THE SERVICE d. If related to an arrest, enter the complete arrest number, beginning
(continued) with the borough letter designation, in the field labeled “Report
Number.”
e. If related to a Terry Stop/Level 3 Encounter not involving an arrest,
enter the Stop Report number in the field labeled “Report Number.”
15. Document in ACTIVITY LOG and the appropriate caption or in the
narrative of any Department report prepared (e.g., STOP REPORT
[PD383-151], THREAT, RESISTANCE OR INJURY [T.R.I.]
INCIDENT WORKSHEET [PD370-154], AIDED REPORT,
COMPLAINT REPORT [PD313-152], ON LINE BOOKING
SYSTEM ARREST WORKSHEET [PD244-159], etc.) when an
incident has been captured on a BWC recording.
a. Include the identity of member(s) recording the event.
16. Insert the BWC into the docking station in the station house for transfer of
data and to recharge the battery at the completion of the tour.
17. Notify the following when necessary:
a. Appropriate prosecutor when a member of the service has knowledge
that any portion of an incident relating to an arrest, prosecution, or
other criminal matter before the court is captured by a BWC
(1) Identify other members of the service who captured all or
part of the event on their BWC
(2) Provide copies of related BWC video utilizing the
appropriate features of the video management system
b. Legal Bureau any time a member of the service becomes aware of
potential or actual civil litigation involving a matter captured by a BWC
c. Assigned detective/investigator anytime that any portion of an
incident under investigation is captured by a BWC.

VIEWING OF BWC RECORDINGS

UNIFORMED 18. In the performance of their duties, members of the service may view the
MEMBER OF following BWC recordings:
THE SERVICE a. Their own BWC recordings, subject to steps “18(c)” and “18(d)”
b. BWC recordings made by other members of the service, if the
viewing is in furtherance of an investigation, preparation of a case
or other official purpose, subject to steps “18(c)” and “18(d)”
c. When a member of the service is the subject of an official
Departmental investigation, or is a witness in an official
Departmental investigation, the member may view his/her own
BWC recording of the incident prior to making a statement under
the provisions of P.G. 206-13, “Interrogation of Members of the
Service,” at a time and place deemed appropriate by the
supervisor in charge of the investigation

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UNIFORMED d. When a recording is related to a police firearms discharge, a Level


MEMBER OF 3 use of force, or a serious injury/death in custody as defined in
THE SERVICE P.G. 221-03, “Reporting and Investigation of Force Incident or
(continued) Injury to Persons During Police Action,” the member may view
his/her own BWC recording of the incident prior to making a
statement under the provisions of P.G. 206-13, “Interrogation of
Members of the Service,” at a time and place deemed appropriate
by the supervisor in charge of the investigation.

FIREARMS DISCHARGES, LEVEL 3 USE OF FORCE, AND DEATH/


SERIOUS INJURY IN CUSTODY INCIDENTS

PATROL 19. Respond to police firearms discharges, Level 3 uses of force, and serious
SUPERVISOR/ injury/death in-custody incidents and assume command.
UNIT a. In addition to other necessary actions, obtain and secure BWCs
SUPERVISOR from all members of the service who were on the scene,
documenting which officer had each camera.
b. Provide BWCs to Force Investigation Division, Internal Affairs
Bureau, or other supervisor in charge of the investigation.
20. Instruct members of the service to deactivate BWC if enforcement action
has terminated, the event has been stabilized and interaction with the
subject(s) of the police activity has concluded.

SUPERVISORY AND ADMINISTRATIVE FUNCTIONS FOR BWC

SUPERVISOR 21. Provide members performing duty with the platoon sufficient time after
CONDUCTING the start of their tour but prior to roll call to retrieve their individually
ROLL CALL assigned BWC from the docking station.
22. Inspect members who are issued BWCs for their personally assigned
BWCs and ensure that they are properly affixed to their uniform or outer-
most garment, powered on, and functioning properly.

PATROL 23. Visit members of the service equipped with BWCs while on assignment
SUPERVISOR/ and ensure they are recording events and activities as required.
UNIT 24. Instruct members of the service to deactivate BWC if enforcement action
SUPERVISOR has terminated, the event has been stabilized and interaction with the
subject(s) of the police activity has concluded.
25. Conduct an investigation when notified that a member failed to record all
or part of an encounter as mandated in step “4.”
a. Make determination regarding the propriety of the circumstances
surrounding the failure to record and notify the desk officer to
document results in Command Log.
b. Ensure that any resulting failure to record is documented in the
uniformed member’s ACTIVITY LOG.

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PATROL c. Prepare and forward a report on Typed Letterhead detailing the


SUPERVISOR/ investigation, findings, and actions taken to the Chief of
UNIT Department (through channels).
SUPERVISOR (1) Forward additional copies to the Deputy Commissioner,
(continued) Information Technology and the Commanding Officer,
Risk Management Bureau.
26. Notify the desk officer whenever notified that a member made a
prohibited recording as described in step “11.”
27. Periodically review BWC video as appropriate, to provide positive
feedback and address any performance or tactical deficiencies observed.

DESK OFFICER 28. Account for all BWCs assigned to the command at the start of the tour.
a. Enter details in the Command Log.
29. Conduct an immediate investigation when notified that a BWC is not
functioning properly, has become damaged, or is otherwise unaccounted
for, and comply with P.G. 217-10, “Accidents – Department Property”
or P.G. 219-20, “Loss or Theft of Department Property,” as appropriate,
and record discrepancies in the Command Log.
a. Notify the Information Technology Bureau Service Desk and
follow guidance for obtaining a replacement BWC.
30. Ensure that all BWCs are returned to their docking station for video
upload and/or recharging at the end of tour.
31. Ensure that all BWC videos related to an arrest are provided to the
arresting officer and the appropriate District Attorney’s office by utilizing
the “Share” function in the video management system.
a. Ensure that all BWC videos related to a previous tour’s arrest are
provided to the arresting officer and the appropriate District
Attorney’s office prior to the end of tour.
b. Enter details in the Command Log.
32. Notify the commanding officer/duty captain whenever notified that a
member made a prohibited recording as described in step “11.”

TRAINING 33. Periodically review BWC video as appropriate, to provide positive


SERGEANT feedback and address any performance or tactical deficiencies observed.
34. Assess compliance with the procedure and take necessary remedial action
to correct deficiencies.

INTEGRITY 35. Be responsible for the integrity and security of the BWCs, related
CONTROL hardware and the video management system.
OFFICER 36. Supervise review of BWC video by supervisors assigned to the command.
37. Periodically review BWC video as appropriate, to provide positive
feedback and address any performance deficiencies observed.

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COMMANDING 38. Designate a secure area within the muster room/desk area and under the
OFFICER control of the desk officer for storage of BWCs not being used.
39. Ensure compliance with the BWC procedure.
40. Conduct an investigation when notified of the recording of an event
which is prohibited in step “11.”
a. Prepare and forward a report on Typed Letterhead detailing the
investigation, findings, and actions taken to the Chief of
Department (through channels).
b. Forward additional copies to the Deputy Commissioner,
Information Technology and the Commanding Officer, Risk
Management Bureau.

PATROL 41. Be responsible and provide oversight for the BWC program.
BOROUGH 42. Evaluate compliance with the procedure and manage systems to address
ADJUTANT/ deficiencies.
COUNTERPART

ADDITIONAL OPERATIONAL CONSIDERATIONS


DATA
When entering a Department facility equipped with an electronic access control system,
uniformed members of the service should cover the lens of their BWC while entering the
access code into the keypad to prevent the inadvertent recording of access information.

The BWC and related hardware/software, as well as video, audio and data captured by
the BWC, irrespective of the content, are at all times the property of the Department.
Other than providing copies of BWC video to members of the Department for official
purposes (e.g., arresting officers processing an arrest, detectives conducting criminal
investigation, etc.) and prosecutors as described above, uniformed members of the
service may not copy, publish, share or disseminate any audio, video, image or data to
anyone unless authorized by the Police Commissioner. Furthermore, members of the
service may not edit, delete or alter any video or audio captured by the BWC or stored
on the Department’s network or approved storage media. The video management system
maintains an audit trail for all transactions conducted in the system.

The default preservation period for BWC video is one year, at which time it will be
automatically deleted. Depending upon the “category” assigned to the video, certain
videos (e.g., arrests) may be retained for longer periods. Commanding officers may
request that a BWC recording be retained beyond the prescribed retention period, if
necessary. Requests should be submitted through channels to the Deputy Commissioner,
Information Technology, detailing the reasons for the request and expected duration of
the preservation.

LEGAL CONSIDERATIONS

The Department is required by law to disclose certain information and material related
to criminal and civil proceedings pursuant to the New York Criminal Procedure Law,
People v. Rosario, rules governing discovery in civil cases, The Freedom of Information
Law (F.O.I.L.), subpoenas, and court orders. The Legal Bureau’s Document Production

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ADDITIONAL Unit will respond to subpoenas, court orders, and F.O.I.L. requests as per P.G. 211-17,
DATA “Processing Legal Bureau Requests for Department Records Including Requests Under
(continued) the Freedom of Information Law.” The Internal Affairs Bureau will process requests
from the Civilian Complaint Review Board for body-worn camera video as per P.G.
211-14, “Investigations by Civilian Complaint Review Board.” Arresting officers will
provide the assigned prosecutor with access to all BWC video related to an arrest
utilizing the BWC video management system.

Confirmatory identifications (“show-ups”) must be done in person and not by the


witness viewing a BWC video of the suspect. Requests by a witness or victim to view a
BWC recording must be declined and referred to the appropriate prosecutor handling
the case. Requests by civilians to view a BWC recording that is not related to a criminal
case must be declined and referred to the Legal Bureau’s Document Production Unit.
Requests for BWC recordings can be made by emailing [email protected] or by
making a request on New York City’s FOIL website at https://a860-
openrecords.nyc.gov.

RELATED Accidents – Department Property (P.G. 217-10)


PROCEDURES Firearms Discharge by Uniformed Members of the Service (P.G. 221-04)
Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at
Demonstrations (P.G. 212-71)
Guidelines for Uniformed Members of the Service Conducting Investigations Involving
Political Activities (P.G. 212-72)
Interior Patrol of Multiple Dwelling Buildings Enrolled in the Trespass Affidavit
Program (P.G. 212-59)
Interior Patrol of Housing Authority Buildings (P.G. 212-60)
Interrogation of Members of the Service (P.G. 206-13)
Investigations by Civilian Complaint Review Board (P.G. 211-14)
Investigative Encounters: Requests for Information, Common Law Right of Inquiry and
Level 3 Stops (P.G. 212-11)
Loss or Theft of Department Property (P.G. 219-20)
Processing Legal Bureau Requests for Department Records Including Requests Under
the Freedom of Information Law (P.G. 211-17)
Reporting and Investigation of Force Incident or Injury to Persons During Police Action
(P.G. 221-03)

FORMS AND ACTIVITY LOG (PD112-145)


REPORTS COMPLAINT REPORT (PD313-152)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)
STOP REPORT (PD383-151)
THREAT, RESISTANCE OR INJURY (T.R.I.) INCIDENT WORKSHEET (PD370-154)
AIDED REPORT
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-124

USE OF DEPARTMENT UNMANNED AIRCRAFT SYSTEM (UAS)


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/04/18 12/04/18 1 of 3

PURPOSE To inform uniformed members of the service of the circumstances under which a
Department unmanned aircraft system (UAS) may be utilized.

SCOPE There are limited circumstances in which a UAS can be used. A UAS may be
used for the following purposes:
a. Search and rescue operations
b. Documentation of collisions and crime scenes
c. Evidence searches at large or inaccessible scenes
d. Hazardous material incidents
e. Monitoring vehicular traffic and pedestrian congestion at large scale events
f. Visual assistance at hostage/barricaded suspect situations
g. Rooftop security observation at shootings or large scale events at the
direction of the Incident Commander
h. Public safety, emergency, or other situation with the approval of the Chief
of Department.

DEFINITION UNMANNED AIRCRAFT SYSTEM (UAS) - An aircraft without a human pilot


onboard which is controlled remotely by an operator by use of a transmitter.
Commonly referred to as a drone.

PROCEDURE When necessary to utilize a Department unmanned aircraft system (UAS):

COMMANDING 1. Request response of trained TARU member via telephone, in


OFFICER/ circumstances dictating the feasibility of utilizing a UAS.
EXECUTIVE
OFFICER/
DUTY CAPTAIN

MOS ASSIGNED 2. Act as operator of UAS.


TO TARU a. UAS operator must hold a remote pilot certificate with a small
UAS rating.
3. Make determination as to whether to utilize UAS, based on the totality of
the circumstances.
a. Confer with TARU supervisor, if there is a disagreement
concerning permissible uses of UAS.
(1) If disagreement cannot be resolved, the duty chief will
make final determination.
b. If other operational concerns arise, such as weather, airspace, or
safety, confer with TARU supervisor who will make final
determination.

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MOS ASSIGNED 4. Operate UAS within the guidelines of Title 14 Code of Federal
TO TARU Regulations, Part 107, or the Certificate of Authorization (COA) issued to
(continued) the Department by the Federal Aviation Administration (FAA), and in
compliance with all other applicable FAA, federal, state, and local laws.
5. Contact FAA and request emergency COA, if exigent circumstances exist
and operating parameters are outside of existing COA.
a. Await authorization prior to commencing operation.
6. Make notifications, as necessary, including:
a. Aviation Unit of time, location, and flight path prior to
deployment of UAS in order to avoid any airspace conflict with
Department aircraft operating in the area
b. Operations Unit of time, location, and flight path prior to
deployment, when appropriate
c. Radio dispatcher to alert responding members of the service of
Department UAS operations in the area, when practical.
7. Maintain log of each UAS flight by date, time, location, purpose, flight
time, pilot name, and authorizing member.
8. Prepare UNMANNED AIRCRAFT SYSTEM (UAS) DEPLOYMENT
REPORT (PD620-151) for all UAS flights and enter information into the
Finest Online Records Management System (FORMS).

ADDITIONAL Recorded images will be retained for 30 days. Images that contain evidence of a crime
DATA will be preserved for criminal prosecution. The Legal Bureau may extend the retention
period, if the images are needed for civil litigation, subpoena production, FOIL requests
or other legal processes.

Furthermore, certain restrictions apply to the use of a UAS, consistent with the mission
of the Department and privacy considerations for the public. These include:
a. A UAS cannot be used for the following purposes:
(1) Warrantless surveillance
(2) Routine patrol
(3) Traffic enforcement
(4) Immobilizing vehicles or suspects.
b. Absent exigent circumstances, a UAS will NOT be deployed in areas where
there is a reasonable expectation of privacy (e.g., to look inside of residences),
without first obtaining a search warrant that explicitly authorizes the use of a
UAS. After the search warrant is issued, a UAS may be used for a pre-warrant
execution safety survey
c. A UAS will NOT be used as a weapon or equipped with any weapons
d. A UAS will NOT be equipped with facial recognition software
e. UAS footage will not be subject to facial recognition analysis, absent a public
safety concern
f. Use of a UAS must be consistent with the Handschu Guidelines outlined in P.G.
212-71, “Guidelines for the Use of Video/Photographic Equipment by
Operational Personnel at Demonstrations.”

The Legal Bureau is also available to assist members of the service in determining
permissible uses of UAS.

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RELATED Conferral with Department Attorney (P.G. 211-20)


PROCEDURES Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at
Demonstrations (P.G. 212-71)

FORMS AND UNMANNED AIRCRAFT SYSTEM (UAS) DEPLOYMENT REPORT (PD620-151)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-125

CRIME VICTIM ASSISTANCE PROGRAM (CVAP)


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/28/19 02/28/19 1 of 2

PURPOSE To provide guidelines to members of the service regarding the Crime Victim
Assistance Program (CVAP).

DEFINITIONS CRIME VICTIM ASSISTANCE PROGRAM (CVAP) – The Department, in


collaboration with Safe Horizon, has implemented a program that places trained
victim advocates inside Department facilities Citywide, in order to expeditiously
connect crime victims with relevant services, including counseling, financial
compensation, etc.

CVAP ADVOCATE – Crime victim and domestic violence advocate who is part
of CVAP, and is employed by Safe Horizon to work in precincts and police
service areas to provide support to victims after crimes are reported.

COMMUNITY ASSISTANT – Civilian member of the service who assists


CVAP Advocate and performs clerical duties.

PROCEDURE When relevant services are to be offered to crime victims in regard to CVAP:

OPERATIONS 1. Supervise command Crime Victim Assistance Program (CVAP).


COORDINATOR 2. Confer with Police Academy Vest Unit to procure protective vest for
CVAP Advocate.
a. Comply with P.G. 204-18, “Protective Vests” and P.G. 204-19,
“Protective Vest – Use/Maintenance and Reserve Supply,” as required.
b. Store vests in a secure location, as appropriate.
3. Direct CVAP Advocate to wear ballistic vest while conducting visits with
domestic violence officers or neighborhood coordination officers.
a. CVAP Advocates are not permitted to accompany uniformed
members of the service on visits to a location where there is an
open COMPLAINT REPORT (PD313-152), or where a wanted
perpetrator may be present.

PRINCIPAL 4. Assist operations coordinator in supervision of CVAP, as appropriate.


ADMINISTRATIVE
ASSOCIATE

DESK OFFICER 5. Make Command Log entry when CVAP Advocate is present for duty, leaves
or returns to precinct or police service area for any reason, and at end of tour.

COMMUNITY 6. Report to desk officer at commencement and end of tour.


ASSISTANT 7. Advise desk officer when leaving command for any reason.
8. Review COMPLAINT REPORTS and New York State Domestic
Incident Reports (DCJS-3221) in Finest Online Records Management
System (FORMS) at beginning of tour.

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COMMUNITY 9. Print COMPLAINT REPORTS and New York State Domestic


ASSISTANT Incident Reports, except for sex crimes and any crimes including child
(continued) victims, and deliver to CVAP Advocate daily.
10. Send outreach letters to crime victims, as appropriate.
a. Create and update spreadsheet indicating COMPLAINT REPORT
numbers, and when and where outreach letters were sent.
11. Send spreadsheet to borough designee weekly.
12. Answer telephone in CVAP office promptly, stating in a courteous
manner, command, Crime Victim Assistance Program, rank/title,
surname, and, “May I help you?”

DOMESTIC 13. Ensure CVAP Advocate accompanies domestic violence officer or


VIOLENCE neighborhood coordination officer on home or other visits, except at
SERGEANT locations where there is an open COMPLAINT REPORT, or where a
wanted perpetrator may be present.
14. Liaise with CVAP Advocate when referral to social services or other
assistance is needed.
15. Coordinate community outreach with CVAP Advocate.

DETECTIVE 16. Liaise with CVAP Advocate, as appropriate.


SQUAD 17. Notify detective squad supervisor, CVAP Advocate, and commanding officer, if
MEMBER CVAP Advocate contacting a victim could have negative effects on investigation.

UNIFORMED 18. Refer victims to CVAP directly, as appropriate.


MEMBER OF 19. Present victims with CVAP handout explaining available resources.
THE SERVICE

COMMANDING 20. Sign outreach letters, as appropriate.


OFFICER a. Designate executive officer to sign outreach letters, when unavailable.

COMMANDING 21. Supervise CVAP operations within borough.


OFFICER, 22. Designate supervisory member as borough CVAP liaison.
PATROL
BOROUGH
CONCERNED

BOROUGH 23. Conduct precinct and police service area visits in order to ensure CVAP
CVAP LIAISON tasks are performed as required.

RELATED Complaint Reporting System (P.G. 207-01)


PROCEDURES Protective Vests (P.G. 204-18)
Protective Vest – Use/Maintenance and Reserve Supply (P.G. 204-19)

FORMS AND COMPLAINT REPORT (PD313-152)


REPORTS New York State Domestic Incident Report (DCJS-3221)
Typed Letterhead

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Command Operations Procedure No: 212-126

REQUESTS TO PROVIDE CITY RESOURCES FOR IMMIGRATION


ENFORCEMENT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
06/13/19 06/13/19 1 of 2

PURPOSE To provide members of the service with guidelines when a non-local law
enforcement agency requests, or a member of the service proposes, that the
Department provide City resources (i.e., traffic control, vehicle escorts, site
security, etc.) to support or assist in immigration enforcement.

DEFINITIONS CITY PROPERTY - Any real property leased or owned by the City that serves a
City governmental purpose and over which the City has operational control.

CITY RESOURCES - Including, but not limited to, time spent by members of
the service while on duty, use of City owned equipment, or use of City property.

IMMIGRATION ENFORCEMENT - The enforcement of any civil provision of


the Immigration and Nationality Act and any provision of such law that penalizes
a person’s presence in, entry into, or reentry into the United States.

SCOPE Members of the service may not use City resources to support or assist in
immigration enforcement, except in certain circumstances, as described below.

PROCEDURE When a non-local law enforcement agency requests, or a member of the service
proposes, that the Department provide City resources (i.e., traffic control, vehicle
escorts, site security, etc.) to support or assist in immigration enforcement:

MEMBER OF 1. Notify desk officer, command of occurrence.


THE SERVICE 2. Provide details of request, or proposed use, including:
RECEIVING a. Agency requesting assistance
REQUEST OR b. Type of assistance requested or proposed
MAKING c. Reason for request or proposal.
PROPOSAL

DESK 3. Notify Operations Unit.


OFFICER, 4. Provide details of request or proposal.
COMMAND OF 5. Make Command Log entry with pertinent details.
OCCURRENCE

OPERATIONS 6. Notify duty chief.


UNIT 7. Provide details of request or proposal.

DUTY CHIEF 8. Confer with Legal Bureau regarding request or proposal.


9. Determine action to be taken after reviewing the grounds of the request or
proposal, considering the need to ensure public safety.
10. Notify Operations Unit of action taken.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

212-126 06/13/19 2 of 2

NOTE In emergency, public safety related situations, the decision to support the non-local law
enforcement agency will be made by the highest ranking uniformed member of the
service at the scene, or in the absence of a supervisor, the senior uniformed member of
the service at the scene. That member must immediately notify the Operations Unit of
this decision and include details of the circumstances.

Whenever a uniformed member of the service enforces a State or local criminal law at
the scene of an immigration enforcement incident, the highest ranking uniformed
member of the service at the scene must notify the Operations Unit regarding details of
incident.

OPERATIONS 11. Notify desk officer, command of occurrence, of action taken or to be


UNIT taken.
12. Record notifications and actions in a database that will be accessible for
statistical analysis.

ADDITIONAL Members of the service are not required to follow this procedure when performing
DATA duties with non-local law enforcement agencies in connection with a cooperative
agreement, such as a task force that is not primarily intended to further immigration
enforcement, or when responding to requests from the Department of Homeland Security
(DHS) for detention of a person in custody beyond the time s/he would be released under
state or local law or for advance notice of such person’s release.

Members of the services are reminded of Patrol Guide 212-66, “City Policy Concerning
Identifying Information and Access to City Services” that affirms the City’s policy of
providing essential services to all residents regardless of immigration status.

RELATED City Policy Concerning Identifying Information and Access to City Services (P.G. 212-66)
PROCEDURES

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-02

EMERGENCY INCIDENTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/19 08/28/19 1 of 3

PURPOSE To ensure the prompt response of personnel and equipment to the scene of an
emergency incident.

DEFINITION EMERGENCY INCIDENTS - a serious accident, vehicle collision, explosion,


civil disorder, demonstration, or similar incident.

PROCEDURE Upon arriving at the scene of an emergency incident:

UNIFORMED 1. Radio Communications Section and request:


MEMBER OF a. Personnel and equipment, if necessary
THE SERVICE b. Patrol supervisor/platoon commander.
2. Take other police action indicated by the situation.

PATROL 3. Review action taken and determine if additional personnel/equipment is needed.


SUPERVISOR/ 4. Activate a Level 1 mobilization, when appropriate, through:
PLATOON a. Radio dispatcher, OR
COMMANDER b. Operations Unit by telephone.
5. Establish command post with telephone, if necessary.
6. Notify precinct desk officer, Operations Unit, Communications Section
and patrol borough office wheel of:
a. Location and nature of emergency incident
b. Location and telephone number of command post
c. Location of mobilization point and route to be used by responding units.

NOTE Mobilization point should be of sufficient size to accommodate a Level 3 or 4 mobilization.


Mobilization point and route should be transmitted to Communications Section.

7. Request command post flag and log, as necessary.


8. Assign uniformed members of the service as:
a. Operations officer
b. Intelligence officer
c. Personnel officer
d. Logistics officer.
9. Supervise uniformed members of the service, as required.
10. Prepare DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141), if
applicable.
11. Keep the precinct desk officer and Operations Unit informed of facts.
12. Inform responding commanding officer/duty captain of:
a. Details of emergency
b. Action taken
c. Personnel and equipment on scene or requested.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-02 08/28/19 2 of 3

COMMANDING 13. Assume command and review action taken.


OFFICER/ 14. Contact command post by telephone for update and determine if
DUTY additional personnel/equipment are required.
CAPTAIN 15. Activate a Level 2, 3 or 4 mobilization, as necessary.
16. Develop a plan and deploy personnel to return normalcy to area affected
by emergency.
17. Return uniformed members of the service to regular duty when presence
is no longer required.
a. Notify and confer with Operations Unit supervisor relative to other
citywide conditions before returning personnel to regular duty.

ADDITIONAL At the scene of an emergency incident to which a uniformed member of the service in the rank
DATA of captain or above is not responding, the platoon commander, or if not available, the patrol
supervisor precinct / PSA / transit district of occurrence will assume command as the Incident
Commander / Agency Incident Commander until a transfer of command or demobilization
occurs.

Based upon the nature and size of the emergency incident, the patrol Duty Captain or Duty
Inspector or Duty Chief or Patrol Borough Commanding Officer / Executive Officer may
respond. The Patrol Borough Commanding Officer / Executive Officer or if not available,
highest ranking patrol Duty supervisor at the scene of the emergency incident will:
1. assume command, or
2. designate the appropriate Incident Commander / Agency Incident Commander, or
3. direct that a transfer of command to an appropriate Incident Commander/Agency
Incident Commander occurs.

The Incident Commander / Agency Incident Commander may only be superseded by the Police
Commissioner, First Deputy Commissioner, Chief of Department or senior ranking
operational Bureau Chief. Other deputy commissioners may render advice and assistance to
the Incident Commander / Agency Incident Commander but may not assume command of the
incident.

If the incident is of a nature where specialized knowledge or expertise is necessary for the most
effective police response (i.e., subway accidents, emergencies in public housing developments,
etc.), the Incident Commander shall designate an appropriate ranking member with the
aforementioned skills as the Operations Section chief. In most cases, the designee will be the
highest ranking member from the appropriate bureau or division involved (e.g., Housing
Bureau for public housing incidents, Transit Bureau for subway incidents, etc.).

The Police and Fire Departments maintain underwater diving units (SCUBA Divers) for
response to waterborne accidents, fires and other emergencies. Police Department units,
Harbor and Emergency Service personnel are available twenty-four hours daily, and will
respond to any submersion or accidents involving occupied vehicles, boats or aircraft or
evidence searches. The Aviation Unit is available twenty-four hours a day, seven days a week
with scuba team divers for near and offshore air-sea rescues. The Fire Department unit is
available on a daily basis, twenty-four hours a day and will respond to fire incidents requiring
the use of divers. Requests for Police Department divers from Harbor SCUBA team or
Emergency Service unit will be made to the Chief of Special Operations for routine dives and
to the Communications Section in emergencies.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-02 08/28/19 3 of 3

RELATED Command Post Operations (P.G. 213-01)


PROCEDURES Rapid Mobilization (P.G. 213-03)
Mobilization Readiness Levels (P.G. 213-04)
Duties At Unusual Disorder (P.G. 213-05)
Unusual Disorder Plan-Formulating Plan (P.G. 213-08)
Unusual Disorder Maps (P.G. 213-07)
Unusual Disorder Kits (P.G. 213-09)
Unusual Occurrence Reports (P.G. 212-09)
Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06)

FORMS AND DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-03

RAPID MOBILIZATION
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/19 08/28/19 1 of 13

PURPOSE To have personnel respond rapidly to the scene of an unusual disorder/emergency


incident.

PROCEDURE When IMMEDIATE assistance is required at the scene of an unusual disorder/


emergency incident:

PATROL 1. Assess situation and, if needed, activate Mobilization Level 1 through


SUPERVISOR radio dispatcher.
a. Patrol supervisors are authorized to activate a Mobilization Level 1.
b. Consult with commanding officer/duty captain prior to activating a
Level 1 mobilization for a missing person investigation, absent
exigent circumstances.
2. Notify commanding officer/duty captain, if assistance is required beyond
a Level 1 mobilization.
a. Upon activation, commanding officer/duty captain will
immediately respond to scene.

PLATOON 3. Respond to scene of incident and assume duties of the Incident Commander.
COMMANDER a. Upon arrival of the commanding officer/duty captain, assume the
duties of the Operations Officer in the field command post, and
b. Advise Incident Commander, as necessary.

NOTE For incidents occurring in areas that are the responsibility of the Housing Bureau or Transit
Bureau, the Housing Bureau or Transit Bureau platoon commander should, if not on scene,
respond and assume the duties and responsibilities as described in step 3 above.

DUTY 4. Respond to scene.


CAPTAIN a. Contact the command post, while enroute, and get an estimation of
the situation from the patrol supervisor/platoon commander at scene.
b. Assess situation and activate a further mobilization (see pages 7
through 11), after conferral, if necessary.
(1) Communicate the number of personnel and the level of
mobilization required to the patrol borough, Communications
Section or the Operations Unit.

NOTE Mobilization Levels 2, 3 or 4 require the authorization of a captain or above. The


captain need not be on the scene, but if authorizing any further mobilization while not at
the scene, he/she must communicate with one of the following:
a. Patrol supervisor/platoon commander
b. Patrol borough concerned
c. Operations Unit.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 2 of 13

NOTE Mobilization levels need not be utilized in consecutive order. Circumstances may
(continued) dictate activating Mobilization Level 3 before Level 2 or Level 2 before Level 1.
HOWEVER, CAUTION SHOULD BE TAKEN WHEN UTILIZING THESE CODES IN
OTHER THAN CONSECUTIVE ORDER BECAUSE PERSONNEL AND EQUIPMENT
IN THE OMITTED MOBILIZATION LEVEL WILL NOT RESPOND.

The supervisor activating a mobilization should notify the Operations Unit of personnel and/or
equipment that is NOT required. The Operations Unit will then notify units concerned.

All units will comply with duties as listed in the applicable Patrol Guide (213 Series),
Operations Unit directions and their respective unit unusual disorder plans.

ACTIVATING 5. Notify Operations Unit and patrol borough concerned of the situation that
SUPERVISOR resulted in mobilization.
6. Maintain control of members of the service.
7. Be prepared to brief ranking members of the service.
8. Designate a mobilization point and advise Communications Section of
mobilization point and route to be used by responding members.
9. Provide for security of Department resources at the mobilization point
and any staging areas utilized.
10. Provide traffic post coverage to allow for the quick access of responding units.
11. Update the Operations Unit and the patrol borough concerned.
12. Act as “Incident Commander” until relieved or until a higher ranking
uniformed member from the Patrol Services Bureau, Housing Bureau, or
Transit Bureau, assumes command.

NOTE At the scene of an emergency incident to which a uniformed member of the service in the rank of
captain or above is not responding, the platoon commander, or if not available, the patrol
supervisor precinct / PSA / transit district of occurrence will assume command as the Incident
Commander / Agency Incident Commander until a transfer of command or demobilization
occurs.

Based upon the nature and size of the emergency incident, the patrol Duty Captain or Duty
Inspector or Duty Chief or Patrol Borough Commanding Officer / Executive Officer may
respond. The Patrol Borough Commanding Officer / Executive Officer or if not available,
highest ranking patrol Duty supervisor at the scene of the emergency incident will:
1. assume command, or
2. designate the appropriate Incident Commander / Agency Incident Commander, or
3. direct that a transfer of command to an appropriate Incident Commander / Agency
Incident Commander occurs.

The Incident Commander / Agency Incident Commander may only be superseded by the Police
Commissioner, First Deputy Commissioner, Chief of Department or senior ranking operational
Bureau Chief. Other deputy commissioners may render advice and assistance to the Incident
Commander / Agency Incident Commander but may not assume command of the incident.

If the incident is of a nature where specialized knowledge or expertise is necessary for the most
effective police response (i.e., subway accidents, emergencies in public housing developments,
etc.), the Incident Commander shall designate an appropriate ranking member with the
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 3 of 13

NOTE aforementioned skills as the Operations Section chief. In most cases, the designee will be the
(continued) highest ranking member from the appropriate bureau or division involved (e.g., Housing
Bureau for public housing incidents, Transit Bureau for subway incidents, etc.).

DESK OFFICER, 13. Notify:


OPERATIONS a. Affected patrol boroughs, divisions and/or bureaus concerned, (i.e.,
UNIT Housing Bureau, Transit Bureau, Office of the Chief of Special
Operations, Traffic Management Center, etc.) to stage required
personnel (see pages 7 through 11).
b. Transit Bureau Patrol Operations Wheel to identify and stage
Transit Bureau equipment vehicles necessary.

AFTER ACTIVATION OF A LEVEL 2, 3 OR 4 MOBILIZATION

TRANSIT 14. Confer, by telephone, with the desk officer of each Transit District
BUREAU, concerned regarding the Transit Bureau location to which mobilized
PATROL Transit Bureau personnel and equipment will respond.
OPERATIONS a. Stage disorder equipment vehicle(s), as required.
WHEEL

NOTE Disorder equipment vehicles are available through the Operations Unit, twenty-four hours
a day, seven days a week.

DESK 15. Notify affected patrol personnel of transit facility designated for response
OFFICER, (see pages 7 through 11).
TRANSIT a. Have notified personnel respond by transit system to chosen
BUREAU Transit Bureau location
b. Notify command post of number of personnel available at chosen
Transit Bureau location.

DESK 16. Stage required personnel.


OFFICER, 17. Inspect responding members for proper equipment.
ALL OTHER 18. Supply members with a van to respond to mobilization point.
BUREAUS

NOTE Housing Bureau and Transit Bureau personnel mobilized on a Level 3 mobilization will
ONLY be utilized to secure their own respective facilities/developments. Housing
Bureau and Transit Bureau personnel mobilized on a Level 4 mobilization can be used
for other duties.

19. Inspect responding members for proper equipment and direct members to
respond to mobilization point.

MOBILIZED 20. Respond, with necessary personnel, promptly, to the mobilization point,
SERGEANTS upon notification.
21. Ensure all responding members are properly equipped.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 4 of 13

MOBILIZED 22. Ascertain response route and radio frequency to be used from
SERGEANTS Communications Section dispatcher.
(continued) 23. Advise members of the nature of the emergency and radio frequency to be
used.

NOTE Supervisors will direct members to tune radios to the frequency designated, although
only the vehicle operator and the supervisor will have their radios on while responding
to the scene. Transit Bureau supervisor at command post will coordinate
communications between the command post and the mobilized Transit Bureau personnel
present without citywide frequencies tuned into their radios.

24. Prepare DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141)


prior to arrival at the mobilization point.

FIRST PLATOON RESPONSE EXCEPTION

NOTE One sergeant per mobile field force will respond to mobilization point with two police
officers from the same precinct and a van. The patrol borough concerned will designate
which precincts will supply sergeants and lieutenants. Patrol Borough Staten Island
will send only one sergeant. All other bureaus/divisions will supply personnel as
required (see pages 7 through 11).

MOBILIZED 25. Gather members from precincts as required to form a squad.


SERGEANTS 26. Receive instructions at mobilization point and proceed with squad to the
staging area or post in van provided.
27. Comply with steps 21, 22 and 23, above.

NOTE Mobilized lieutenants will be designated by their local patrol borough. On the 2nd and 3rd
Platoon, three lieutenants per patrol borough will respond to the mobilization point and
form their respective precinct squads into mobile field forces (see pages 12 and 13). On the
1st Platoon only, one lieutenant per patrol borough will respond with an RMP and form their
respective precinct squads into patrol borough platoons. Patrol Borough Staten Island will
supply one lieutenant on the 2nd and 3rd Platoons and no lieutenants on the 1st Platoon.
Patrol Boroughs Queens North and Queens South will send only two lieutenants on the 2nd
and 3rd Platoon and only one lieutenant on the 1st Platoon.

ALL PLATOONS
MOBILIZED 28. Respond to mobilization point when notified by patrol borough or
LIEUTENANTS Operations Unit of a Mobilization Level Three or Level Four (ALL
PLATOONS).
29. Form uniformed members from precincts into mobile field forces as per
“Mobile Field Force Assignments - Patrol Services Bureau” (pages 12 and
13).

NOTE Patrol boroughs/Operations Unit are responsible to reallocate resources within the
affected borough or throughout the City to maintain adequate levels of police service and
adequate levels of supervision.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 5 of 13

ADDITIONAL PATROL BOROUGH OPERATIONAL COMMAND IN THE EVENT OF AN


DATA EMERGENCY RESPONSE PLAN ACTIVATION

1. Patrol Guide procedure 213-03, “Rapid Mobilization,” states as follows, “At the
scene of a large scale unusual disorder or other emergency incident, the highest ranking
uniformed police supervisor is in command and will be designated as Incident
Commander.” It further states, “In most cases, the designee will be the highest ranking
member from the bureau involved (e.g., the Housing Bureau for public housing incidents,
the Transit Bureau for subway incidents, the Chief of Transportation for traffic
emergencies, etc.).” Designating an Incident Commander provides centralized command
at the scene of an emergency.

2. If an incident occurs under the “stand-alone” model concept, patrol borough


commander(s) will assume operational command of ALL Department resources within
their geographical area of responsibility with the exception of Chief of Citywide
Operations personnel, Facilities Management Division Personnel, and the Transit
Bureau.
a. The Transit Bureau will initiate citywide “stand-alone” operations at
the Transit Bureau headquarters in Brooklyn.

3. Under this concept, the Chief of Department/designee will confer with the
Deputy Commissioner, Management & Budget to determine which resources assigned to
the Facilities Management Division can be made available to the appropriate patrol
borough commander. As an event unfolds, follow-up conferrals can be conducted to
adjust the availability of resources accordingly. The decision(s) reached by the Chief of
Department/designee will be communicated to the appropriate patrol borough
commander.

4. When it is determined that patrol borough(s) will operate under the “stand-
alone” concept, patrol borough commands will activate borough command posts in
accordance with standard operating procedures. Additionally, representatives will be
assigned from the Detective Borough, Intelligence Bureau, Housing Bureau, Chief of
Transportation, School Safety Division, Chief of Citywide Operations, and any other
unit deemed appropriate by the patrol borough commander. An operational plan should
be developed by each patrol borough to facilitate “stand-alone” operations. It should
include, at minimum, pre-designated assignments among the borough staff and outside
command representatives, identification of necessary equipment and support staff, as
well as providing for a relief factor. Since each patrol borough is unique, the borough
commander should tailor plans that will address the needs of that particular patrol
borough, i.e., potential for civil disorder, public panic, the threat of secondary events,
etc. However, patrol borough commanders must recognize that the NYPD Emergency
Operations Center retains the authority to direct movement and allocation of resources
out of the patrol borough in response to incidents elsewhere throughout the City.

RELATED Command Post Operations (P.G. 213-01)


PROCEDURES Emergency Incidents (P.G. 213-02)
Mobilization Readiness Levels (P.G. 213-04)
Duties At Unusual Disorders (P.G. 213-05)
Unusual Disorder Plan-Formulating Plan (P.G. 213-08)
Unusual Disorder Maps (P.G. 213-07)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 6 of 13

RELATED Unusual Disorder Kits (P.G. 213-09)


PROCEDURES Unusual Occurrence Reports (P.G. 212-09)
(continued) Mayor’s Plan for Coordinated Action at Emergencies (A.G. 316-06)

FORMS AND DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 7 of 13

LEVEL 1 STRATEGIC RESPONSE GROUP MOBILIZATION

AUTHORITY  PATROL SUPERVISOR


TO CALL

RESPONDING  STRATEGIC RESPONSE GROUP


UNITS  1-RADIO EMERGENCY PATROL (REP)
 1-PATROL SUPERVISOR HOUSING PSA AND TRANSIT DISTRICT
CONCERNED

ADDITIONAL  DUTY CAPTAIN AND COMMAND POST STAFF


SUPERVISORS

LEVEL 2 CITYWIDE STRATEGIC RESPONSE GROUPS MOBILIZATION

AUTHORITY  CAPTAIN OR ABOVE


TO CALL

RESPONDING  STRATEGIC RESPONSE GROUP(S) AS DESIGNATED BY


UNITS OPERATIONS UNIT
 1-ESU SUPERVISOR AND TRUCK
 1-REP PER STRATEGIC RESPONSE GROUP ACTIVATED
 1-HELICOPTER
 1-COMMAND POST VEHICLE
 1-DECON TRUCK
 1-BARRIER TRUCK (LOCAL PATROL BOROUGH)
 1-SGT. AND 2 DETS. - TARU
 1-ARREST PROCESSING VEHICLE
 1-PATROL WAGON
 1-PATROL SUPERVISOR HOUSING PSA AND TRANSIT DISTRICT
CONCERNED, IF NOT ALREADY PRESENT
 1-TRAFFIC OPERATIONS DISTRICT SUPERVISOR

NOTE OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS.

ADDITIONAL  DUTY INSPECTOR BOROUGH OF INCIDENT


SUPERVISORS  DUTY CAPTAIN AND COMMAND POST STAFF WITH EACH
STRATEGIC RESPONSE GROUP MOBILIZED

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 8 of 13

LEVEL 3 LOCAL BOROUGH MOBILIZATION 2ND AND 3RD PLATOON

AUTHORITY CAPTAIN OR ABOVE


TO CALL

RESPONDING  3 LIEUTENANTS (1 PER MOBILE FIELD FORCE) (PBQN AND PBQS


UNITS ONLY 2 LIEUTENANTS EACH, PBSI SUPPLIES ONLY 1
LIEUTENANT, HOUSING BUREAU 1 LIEUTENANT PER 3 PSAs AND
TRANSIT BUREAU 1 LIEUTENANT PER BOROUGH)
 1 SERGEANT AND 8 POLICE OFFICERS PER PRECINCT AND
HOUSING PSA WITHIN PATROL BOROUGH CONCERNED
 1 SERGEANT AND 8 POLICE OFFICERS PER TRANSIT DISTRICT
PURSUANT TO THEIR PLAN (SEE PAGE 13)
 2 SERGEANTS AND 20 POLICE OFFICERS (HIGHWAY DISTRICT
WITH RMPs)
 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT)
 2 SERGEANTS AND 10 POLICE OFFICERS (MOUNTED UNIT)
 1 SERGEANT AND 2 DETECTIVES TARU (IF NOT ALREADY PRESENT)
 1-ESU SUPERVISOR
 1-POT TRUCK OR PEACEKEEPER
 1-MLG OR HELP CAR
 1-REP OR TRUCK
 1-PATROL WAGON
 1-HELICOPTER (IF NOT ALREADY PRESENT)
 1-COMMAND POST VEHICLE (IF NOT ALREADY PRESENT)
 1-DECON TRUCK (IF NOT ALREADY PRESENT)
 1-BARRIER TRUCK (IF NOT ALREADY PRESENT)
 1-ARREST PROCESSING VEHICLE (IF NOT ALREADY PRESENT)

NOTE OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS.

ADDITIONAL  DUTY CAPTAIN AND COMMAND POST STAFF (IF NOT ALREADY
SUPERVISORS PRESENT)
 STAFF RESPONSIBLE FOR ASSISTING THE INCIDENT
COMMANDER, AS NECESSARY
 TRAFFIC OPERATIONS DISTRICT SUPERVISOR (IF NOT ALREADY
PRESENT)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 9 of 13

LEVEL 3 LOCAL BOROUGH MOBILIZATION 1ST PLATOON

AUTHORITY  CAPTAIN OR ABOVE


TO CALL

RESPONDING  3 SERGEANTS PER PATROL BOROUGH (1 PER MOBILE FIELD


UNITS FORCE WITH VAN) (PBQN AND PBQS WILL SEND 2 SERGEANTS
EACH, PBSI, HOUSING BUREAU AND TRANSIT BUREAU WILL
SEND 1 SERGEANT EACH)
 2 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN
PATROL BOROUGH CONCERNED BY RMP
 2 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR
PLAN (SEE PAGE 13)
 1 SERGEANT AND 8 POLICE OFFICERS (HIGHWAY DISTRICT WITH
RMPs)
 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT)
 1-ARREST PROCESSING VEHICLE (IF NOT ALREADY PRESENT)
 1-ESU SUPERVISOR
 1-REP AND TRUCK
 1-MLG OR HELP CAR
 1-PATROL WAGON
 1-HELICOPTER
 1-BARRIER TRUCK (IF NOT ALREADY PRESENT)
 1-COMMAND POST VEHICLE (IF NOT ALREADY PRESENT)

NOTE OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS.

ADDITIONAL  DUTY CAPTAIN AND COMMAND POST STAFF


SUPERVISORS  1 LIEUTENANT (SELECTED BY PATROL BOROUGH CONCERNED
EXCEPT PBSI)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 10 of 13

LEVEL 4 CITY WIDE PRECINCT MOBILIZATION 2ND AND 3RD PLATOON

AUTHORITY  CAPTAIN OR ABOVE


TO CALL

RESPONDING  3 LIEUTENANTS (1 PER MOBILE FIELD FORCE) (PBQN AND PBQS


UNITS ONLY 2 LIEUTENANTS EACH, PBSI SUPPLIES ONLY 1
LIEUTENANT, TRANSIT BUREAU 1 LIEUTENANT PER BOROUGH
MOBILIZED)
 1 HOUSING BUREAU LIEUTENANT PER 3 PSAs
 1 SERGEANT AND 8 POLICE OFFICERS PER PRECINCT AND
HOUSING PSA PER BOROUGH MOBILIZED
 1 SERGEANT AND 8 POLICE OFFICERS PER TRANSIT DISTRICT
PURSUANT TO THEIR PLAN (SEE PAGE 13)
 1 SERGEANT AND 10 POLICE OFFICERS (HIGHWAY DISTRICT
WITH RMPs [ADDITIONAL])
 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT [IF
NOT ALREADY PRESENT])
 2 SERGEANTS AND 10 POLICE OFFICERS (MOUNTED UNIT
[ADDITIONAL])
 1-ARREST PROCESS VEHICLE (ADDITIONAL)
 1-SERGEANT AND 4 POLICE OFFICERS - PAFTS
 1-ESU SUPERVISOR (ADDITIONAL)
 1-POT TRUCK OR PEACEKEEPER (ADDITIONAL)
 1-MLG OR HELP CAR (ADDITIONAL)
 1-REP OR TRUCK (ADDITIONAL)
 1-SERGEANT AND 2 DETECTIVES - TARU (IF NOT ALREADY PRESENT)
 1-COMMAND POST VEHICLE (ADDITIONAL)
 1-BARRIER TRUCK (IF NOT ALREADY PRESENT)
 1-DECON TRUCK (IF NOT ALREADY PRESENT)
 1-PATROL WAGON (ADDITIONAL)

NOTE OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS.

ADDITIONAL  DUTY CHIEF


SUPERVISORS  DUTY INSPECTOR (BOROUGH OF INCIDENT)
 DUTY CAPTAIN AND COMMAND POST STAFF WITH EACH BOROUGH
MOBILIZED, UNLESS ALREADY ON SCENE FROM LEVEL 2
 STAFF RESPONSIBLE FOR ASSISTING INCIDENT COMMANDER,
AS NECESSARY
 1 CAPTAIN HOUSING BUREAU AND TRANSIT BUREAU, IF AVAILABLE
 1 TRAFFIC OPERATIONS DISTRICT SUPERVISOR (IF NOT ALREADY
PRESENT)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
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LEVEL 4 CITY WIDE PRECINCT MOBILIZATION 1ST PLATOON

AUTHORITY CAPTAIN OR ABOVE


TO CALL

RESPONDING EACH DESIGNATED BOROUGH WILL SEND (PER PATROL BOROUGH):


UNITS  3 SERGEANTS PER PATROL BOROUGH (1 PER MOBILE FIELD
FORCE WITH VAN), PBQN AND PBQS WILL SEND 2 SERGEANTS
EACH, PBSI, HOUSING BUREAU AND TRANSIT BUREAU WILL
SEND 1 SERGEANT EACH
 2 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN
PATROL BOROUGH CONCERNED BY RMP
 2 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR
PLAN (SEE PAGE 13)
 1 SERGEANT AND 8 POLICE OFFICERS (HIGHWAY DISTRICT WITH
RMPs [IF NOT ALREADY PRESENT])
 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT [IF
NOT ALREADY PRESENT])
 1-ESU SUPERVISOR (IF NOT ALREADY PRESENT)
 1-REP AND TRUCK (IF NOT ALREADY PRESENT)
 1-MLG OR HELP CAR (IF NOT ALREADY PRESENT)
 1-PATROL WAGON (ADDITIONAL)
 1-POT TRUCK OR PEACEKEEPER (ADDITIONAL)
 1-HELICOPTER (IF NOT ALREADY PRESENT)
 1-BARRIER TRUCK (IF NOT ALREADY PRESENT)
 1-COMMAND POST VEHICLE (ADDITIONAL)

NOTE OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS.

ADDITIONAL  DUTY CAPTAIN AND COMMAND POST STAFF


SUPERVISORS  1 LIEUTENANT (SELECTED BY PATROL BOROUGH CONCERNED,
EXCEPT PBSI)
 1 CAPTAIN HOUSING BUREAU AND TRANSIT BUREAU, IF
AVAILABLE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-03 08/28/19 12 of 13

MOBILE FIELD FORCE ASSIGNMENTS


PATROL SERVICES BUREAU

2ND & 3RD 1ST


PLATOONS PLATOON
(1 SGT AND 8 POs (1 SGT PER MOBILE FIELD
PER PRECINCT) FORCE 2 POs PER PRECINCT)

MOBILE FIELD
FORCE NUMBER SGTs POs SGTs POs PCTS ASSIGNED
PBMS 1 3 24 1 6 1-5-7
2 4 32 1 8 6-9-10-13
3 3 24 1 6 MTS-17-MTN
SUB TOTAL 10 80 3 20

PBMN 4 4 32 1 8 19-20-CPP-24
5 4 32 1 8 26-30-33-34
6 4 32 1 8 23-25-28-32
SUB TOTAL 12 96 3 24

PBBX 7 4 32 1 8 40-42-44-48
8 4 32 1 8 41-43-45-49
9 4 32 1 8 46-47-50-52
SUB TOTAL 12 96 3 24

PBBS 10 4 32 1 8 60-61-62-70
11 5 40 1 10 66-68-72-76-78
12 4 32 1 8 63-67-69-71
SUB TOTAL 13 104 3 26

PBBN 13 3 24 1 6 73-75-81
14 4 32 1 8 77-79-84-88
15 3 24 1 6 83-90-94
SUB TOTAL 10 80 3 20

PBQS 16 4 32 1 8 102-103-106-107
17 4 32 1 8 100-101-105-113
SUB TOTAL 8 64 2 16

PBQN 18 4 32 1 8 104-108-114-115
19 4 32 1 8 109-110-111-112
SUB TOTAL 8 64 2 16

PBSI 20 3 24 1 6 120-122-123

SUB TOTAL PSB 76 608 20 152

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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TRANSIT BUREAU

MFF 1 3 24 1 6 PER TRANSIT PLAN


BELOW
2 4 32 1 8 DO
3 4 32 1 8 DO
SUB TOTAL 11 88 3 22

HOUSING BUREAU

1 3 24 1 6 ANY 3 PSAs
2 3 24 1 6 DO
3 3 24 1 6 DO
SUB TOTAL 9 72 3 18

GRAND TOTAL 96 768 26 192

NOTE Mobile Field Forces are a method of organizing personnel into groups utilizing the
“old” geographical patrol division format with the exception of Patrol Borough Queens
North and Queens South. The Housing Bureau and Transit Bureau will organize their
own mobile field forces as per their own in bureau plans.

TRANSIT BUREAU RESPONSE PLAN

The Transit Bureau Patrol Boroughs do not currently correspond to the


geographic and administrative patrol boroughs of the Patrol Services Bureau.

To address this the following response plan will be utilized:

PATROL 2ND & 3RD 1ST PLATOON DISTRICT(S)


BOROUGH PLATOON RESPONSE REQUIRED TO
MOBILIZED RESPONSE PER RESPOND
PER DISTRICT DISTRICT

PBMS 1 SGT & 8 POs 2 POs 2&4

PBMN 1 SGT & 8 POs 2 POs 1&3

PBBX 1 SGT & 8 POs 2 POs 11 & 12

PBBS 1 SGT & 8 POs 2 POs 32 & 34

PBBN 1 SGT & 8 POs 2 POs 30 & 33

PBQN AND PBQS 1 SGT & 8 POs 2 POs 20

PBSI NONE NONE NONE

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-04

MOBILIZATION READINESS LEVELS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/19 08/28/19 1 of 5

PURPOSE To alert units concerned that a mobilization has occurred and its companion
readiness levels have been initiated.

PROCEDURE When a mobilization level has been activated and a readiness level is
automatically initiated:

READINESS LEVEL 1

INCIDENT 1. Activate “Field Command Post.”


COMMANDER

COMMUNI- 2. Notify Operations Unit of details, broadcast “Readiness Level One” on all
CATIONS frequencies within affected patrol borough and notify Strategic Response
SECTION Group concerned.

OPERATIONS 3. Notify local patrol borough, Housing Bureau, Transit Bureau, Chief of
UNIT Transportation and Office of the Chief of Special Operations.
4. Place all non-affected Strategic Response Groups and Transit Bureau task
forces on alert.

PATROL 5. Monitor incident and notify the following commands of the situation:
BOROUGH a. Local Strategic Response Group, if not already on the scene
COMMAND b. Patrol borough duty inspector/captain
c. Patrol borough community affairs personnel
d. Patrol borough command post personnel (Alert Status Only)
e. Community Affairs personnel - precincts concerned
f. Detective borough concerned
g. Platoon commander, precinct concerned, to respond.
(1) If unavailable, notify platoon commander adjoining
precinct to respond.
READINESS LEVEL 2

COMMUNI- 6. Notify Operations Unit and broadcast “Readiness Level Two” on all
CATIONS frequencies.
SECTION

OPERATIONS 7. Alert all non-mobilized Strategic Response Groups, including Transit


UNIT Bureau task forces, as well as precinct and Housing Bureau personnel
within patrol borough concerned, holding same beyond expiration of tour.

NOTE The Operations Unit will release Strategic Response Groups, including Transit Bureau
task forces, and precinct and Housing Bureau personnel ONLY after conferral between
the Incident Commander and a supervisor from the Operations Unit.
NEW  YORK  CITY  POLICE  DEPARTMENT
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OPERATIONS 8. Staff Operations Unit command post and monitor situation.


UNIT 9. Notify the following commands of the situation and their required
(continued) response of equipment, supervisors and personnel:
a. All patrol boroughs, Transit Bureau task forces, and Strategic
Response Group to remain on alert or respond to scene
b. Duty chief
c. Office of the Chief of Special Operations
d. Chief of Transportation
e. First Deputy Commissioner
f. Chief of Crime Control Strategies
g. Deputy Commissioner - Legal Matters
h. Chief of Community Affairs
i. Deputy Commissioner - Public Information
j. Chief of Department
k. Chief of Patrol
l. Chief of Housing Bureau
m. Chief of Detectives
n. Chief of Internal Affairs
o. Chief of Transit Bureau
p. Criminal Justice Bureau
q. Property Clerk Division
r. Fleet Services Division
s. Communications Section
t. Candidate Assessment Division
u. Police Academy
v. Quartermaster Section.

PATROL, 10. Notify the following commands of the situation:


HOUSING, AND a. Precincts, police service areas, transit districts within affected
TRANSIT patrol borough - alert for possible mobilization. (A response of
BOROUGH one sergeant and eight police officers, with Department van, will
COMMANDS stand-by at each precinct or affected command).
b. Patrol borough, police service area or transit district commanding officer
c. Duty inspector/captain
d. Detective borough concerned
e. Patrol borough and precinct community affairs personnel
f. Precinct detective squads
g. Chief of Transportation and precincts concerned - to staff route to
mobilization point.

DETECTIVE 11. Designate one sergeant and three detectives to respond to Field Command
BOROUGH Post to serve as intelligence staff.

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READINESS LEVEL 3

COMMUNI- 12. Notify Operations Unit and broadcast “Readiness Level Three” on all
CATIONS frequencies.
SECTION

OPERATIONS 13. Staff Operations Unit command post and monitor situation.
UNIT

NOTE All uniformed members of the service assigned to commands within Patrol Services Bureau,
Housing Bureau or Transit Bureau will be alerted and held beyond the expiration of their
tour, if necessary. The Operations Unit will release such personnel ONLY after conferral
between the Incident Commander and a supervisor assigned to the Operations Unit.

14. Notify the following of developments and the need to staff the Operations
Unit command post:
a. Office of Chief of Community Affairs
b. Office of Deputy Commissioner - Public Information
c. Office of the Chief of Department
d. Office of the Chief of Patrol
e. Office of the Chief of Housing Bureau
f. Office of the Chief of Detectives
g. Office of the Chief of Personnel
h. Office of the Chief of Transit Bureau
i. Duty Chief
j. Director, Office of Support Services Bureau.

NOTE Citywide units previously notified, as per Readiness Level 2 will await deployment, as
required, by the Operations Unit.

PATROL 15. Activate borough command post and staff with pre-designated or
BOROUGH members designated by the Tactical Operations Coordinator.
COMMAND

NOTE Members will fill positions as follows:


a. Tactical Operations Coordinator
b. Operations Officer
c. Personnel/Administrative Officer
d. Logistics Officer
e. Intelligence Officer.

For further information regarding the above titles, see ADDITIONAL DATA.

DETECTIVE 16. Assign one detective supervisor from detective borough to respond to the
BUREAU borough command post.

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INTELLIGENCE 17. Assign one uniformed member to respond to the borough command post.
BUREAU

NOTE On duty uniformed members of the service assigned to non-uniformed units (e.g., Candidate
Assessment Division, Detective Bureau, Police Academy, etc.) will respond to their
command, change into uniform, and await deployment. Parent commands are responsible
to consolidate personnel staffing figures and locations and notify the Operations Unit.
Support units, such as the Property Clerk Division, Criminal Justice Bureau,
Quartermaster Section, Community Outreach Division, Crime Prevention Division, Office
of the Deputy Commissioner-Public Information, etc., will recall identified key personnel,
contact the Operations Unit for instructions, and await deployment.

PATROL 18. Notify the following:


BOROUGH a. Commanding officer - patrol borough concerned
COMMAND b. Duty inspector/captain - patrol borough concerned
c. Operations Unit
d. Precinct/borough detective units
e. Precinct/borough community affairs personnel.

READINESS LEVEL 4

COMMUNI- 19. Notify Operations Unit and broadcast “Readiness Level Four” on all
CATIONS frequencies.
SECTION

OPERATIONS 20. Activate Operations Unit command post.


UNIT a. Staff with previously designated members or those selected by
Tactical Operations Coordinator to serve as:
(1) Tactical Operations Coordinator
(2) Operations Officer
(3) Personnel/Administrative Officer
(4) Logistics Officer
(5) Intelligence Officer.

NOTE For further information regarding the above titles, see ADDITIONAL DATA.

21. Deploy personnel on stand-by as needed.

OPERATIONS 22. Notify:


UNIT a. Police Commissioner
(continued) b. First Deputy Commissioner
c. Chief of Department
d. Chief of Patrol
e. Chief of Housing Bureau
f. Chief of Detectives
g. Chief of Personnel
h. Chief of Internal Affairs.
i. Chief of Transit Bureau
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NOTE The Operations Unit will release personnel ONLY after conferral between the Incident
Commander and a supervisor assigned to the Operations Unit.

DETECTIVE 23. Assign one captain, one additional sergeant and three additional
BOROUGH detectives to field command post to augment the Intelligence staff.
CONCERNED

NOTE Citywide units previously identified as per “Readiness Levels” will be deployed as
required by the Operations Unit command post.

ADDITIONAL The following are synopses of duties of ranking uniformed members of the service in
DATA connection with mobilizations and command post operations:

INCIDENT COMMANDER - the one position that will always be filled at every
incident, regardless of size, by the HIGHEST UNIFORMED RANKING POLICE
SUPERVISOR ASSUMING COMMAND, who has responsibility for overall
management of incident in question.

TACTICAL OPERATIONS COORDINATOR - directs, supervises and ensures


coordination of tasks performed by command post staff, except those areas reserved by
Incident Commander.

OPERATIONS OFFICER - principal staff officer on matters pertaining to strategy,


tactics and overall operations.

PERSONNEL/ADMINISTRATIVE OFFICER - primary advisor to the Incident


Commander or the Tactical Operations Coordinator in all aspects of unit strength,
management, personnel services support, administrative support and medical support.
Responsible for prisoner issues and security of command posts.

INTELLIGENCE OFFICER - principal advisor to the Incident Commander on all


intelligence and investigative matters relating to the disorder. Responsible for
coordinating and directing efforts of detectives, community affairs, Deputy
Commissioner - Public Information and Intelligence Bureau personnel.

LOGISTICS OFFICER - principal staff officer for the Incident Commander in matters of
supply, maintenance, transportation and services. Responsible for security of all mobilization
points, staging areas and designating the support corridor for staging the support units.

RELATED Command Post Operations (P.G. 213-01)


PROCEDURES Emergency Incidents (P.G. 213-02)
Rapid Mobilization (P.G. 213-03)
Duties At Unusual Disorders (P.G. 213-05)
Unusual Disorder Plan - Formulating Plan (P.G. 213-08)
Unusual Disorder Maps (P.G. 213-07)
Unusual Disorder Kits (P.G. 213-09)
Unusual Occurrence Reports (P.G. 212-09)
Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-05

DUTIES AT AN UNUSUAL DISORDER


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/19/16 07/19/16 1 of 9

PURPOSE To establish specific duties and responsibilities with respect to uniformed


members assigned to unusual disorders.
PROCEDURE When directed to respond to a scene of an unusual disorder:
UPON REPORT OF A LEVEL ONE OR HIGHER MOBILIZATION:
PCT. CO/ XO 1. Report to the command post.
DUTY INSP./ a. Contact the command post by radio or telephone, while enroute,
DUTY CAPT./ to get an assessment of the situation.
OR UMOS OF 2. Upon arrival at command post:
HIGHER RANK a. Assume the role of Incident Commander as per P.G. 213-03,
“Rapid Mobilization.”
b. Designate suitable mobilization point.
(1) Arrange for traffic posts and security posts at that location.
c. Authorize the mobilization of additional personnel, if necessary, after
briefing by patrol supervisor, borough wheel, or Operations Unit.
d. Debrief highest-ranking supervisor on scene.
NOTE The responding uniformed member concerned need not be present at the scene to
authorize a higher level of mobilization.
3. Ensure that a properly staffed and operating command post has been
established and:
a. Identify location for command post.
b. Request precinct, police service area, or transit district disorder
plan be delivered to the command post.
c. Organize the command post staff, if not already established, from
available personnel to perform as:
(1) Operations Officer - Tactical advisor
(2) Intelligence Officer - Intelligence advisor
(3) Personnel and Administrative Officer - Staffing advisor
(4) Logistics Officer - Equipment advisor.
d. Review disorder area.
(1) Utilize maps, if unable to personally inspect area.
4. Establish communications by:
a. Conferring with Communications Section for an appropriate
citywide frequency.
b. Having special or additional frequencies used for conversation
between captains and above.
c. Using cellular telephones at command post to improve communications.
d. Having RMPs with mobile digital terminals utilized to bolster
communication and deployed, by the personnel officer, where
needed, e.g., mobilization point, borough and command post.
e. Implementing dual dispatch system, (i.e., high priority calls go to
disorder control personnel; lower priority calls to precinct units).

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NOTE Communications Section must be conferred with regarding the frequency to be used
during mobilization.

PCT. CO/ XO 5. Deploy responding uniformed members by:


DUTY INSP./ a. Formulating a plan of action.
DUTY CAPT./ b. Estimating the size, movement, motivation, intent, and leadership
OR UMOS OF of the disorderly group.
HIGHER RANK c. Identifying:
(continued) (1) The participants of the crowd or disorderly group
(2) The geographical boundaries of the area involved.
d. Estimating the duration and intensity of the disorder.
e. Beginning efforts to control the spread of rumors.
NOTE Community affairs personnel with community leaders, as listed in Appendix “H” of the
command’s unusual disorder plan, can be used to dispel rumors and disseminate accurate
information.

f. Identifying future targets, if applicable, by utilizing community


affairs and detective personnel.
g. Dividing the disorder area into sectors for mobile patrol by
Strategic Response Group personnel, preferably in vans.
h. Containing and isolating disorderly groups by sectoring, perimeter
checkpoints, arrest, etc.
i. Having Strategic Response Group personnel use mobile tactics of
speed, surprise and deception to accomplish their assignment.
(1) Deploy personnel as a unit, when possible, to mobile or
foot posts within the designated sectors.
j. Directing that arrests be made, when appropriate.
k. Deploying two-thirds of available enforcement personnel and
holding one-third personnel in reserve.
l. Assigning additional personnel, if needed, when sufficient mobile
forces are deployed in sectors, as follows:
(1) Foot posts - assign one sergeant and eight police officers
to posts of sufficient size.
(2) Perimeter check point posts - assign at least one disorder
control squad, consisting of one sergeant and eight police
officers, to each check point to perform the following:
(a) Prevent disorderly persons from entering or leaving
area through checkpoint.
(b) Keep curiosity seekers and unauthorized persons
out of area.
(c) Reroute public or private transportation vehicles
around the area.
(d) Provide rooftop and overhead security.
6. MUST provide patrol borough and Operations Unit with regular updates
on the progress of disorder control efforts, as well as unusual
developments, or the need for additional resources.
NEW  YORK  CITY  POLICE  DEPARTMENT
PATROL GUIDE
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PCT. CO/ XO 7. Instruct all supervisors on the following:


DUTY INSP./ a. Nature of the disorder.
DUTY CAPT./ b. Mission and objectives, including specific objectives for
OR UMOS OF specialized units.
HIGHER RANK c. Reminder that independent or unauthorized actions will not be tolerated.
(continued) d. Use minimum force necessary to achieve objectives.
e. Location of arrest processing areas.
f. Location of command post and appropriate telephone numbers.
g. Post or sector boundaries, radio call signals and designated frequency.
h. Use of specialized equipment.
i. Tactics that will be utilized.
j. Reporting ring schedules for command post, staggered for
enforcement units every thirty minutes; hourly for all other
concerned units.
k. Need to immediately report important or unusual events.
NOTE Captains may be assigned as commanders of Strategic Response Groups or borough
sized precinct personnel contingents and will maintain unity of assignment for the
particular unit commanded. (Team assignments are listed in ADDITIONAL DATA).
8. Prepare for relief as follows:
a. Have commander ending his/her tour confer with new Incident
Commander.
b. Have both commanders debrief all field commanders concerning:
(1) Changing patterns of disorder
(2) Strength of disorderly groups
(3) Any police related incidents occurring during tour
(4) Any recommendation as to changes in overall strategies, etc.
LIEUTENANT 9. Respond quickly and safely to stationhouse, ascertain the mobilization
point, and respond promptly by RMP.
10. Assume duties as mobile field force commander.
NOTE Lieutenants will be responsible for the performance of squads under their command.
Squads will consist of one sergeant and eight police officers from each precinct in the
assigned mobile field force.

11. Assist Incident Commander, in the operation of the field command post,
if directed.
12. Assume duty as either the Operations, Personnel, Intelligence or Logistics
Officer (see ADDITIONAL DATA), if assigned to the field command post.
13. Have helmet, baton, flashlight, DETAIL ROSTER/ASSIGNMENT SHEET
(PD406-141) and disorder control guidelines available on patrol in RMP.
14. Direct that Department vehicles be parked in designated spaces only, at
mobilization point.
15. Follow instructions of captain/incident commander, instruct responding
sergeants and collect DETAIL ROSTER/ASSIGNMENT SHEETS.
a. Submit collected DETAIL ROSTER/ASSIGNMENT SHEETS to
command post.
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LIEUTENANT 16. Instruct sergeants as to what radio frequency is being used and ensure that
(continued) all radios are tuned to the designated frequency.
a. Maintain radio discipline of subordinate members.
17. Inspect sergeants for required uniform and equipment.
a. Warn sergeants against unauthorized radio transmissions which
are potentially dangerous to all members assigned to disorder.
18. Have sergeants deliver vehicle keys to vehicle security detail, if required.
19. Explain instructions carefully to all sergeants and ensure that all
subordinates, including police officers, receive these instructions and
record pertinent information, such as:
a. Importance of team concept in disorder control
b. Post and/or sector boundaries
c. Nature of disorder
d. Mission of the team
e. Location and telephone number of command post and arrest
processing area
f. Identification of Incident Commander, platoon-mobile field force
lieutenant, and other key ranking officers
g. Equipment information
h. Appropriate radio frequency and mobile field force/disorder
control squad radio call signs.
NOTE Squads will consist of one sergeant and eight police officers from the same precinct.
Sergeants will be called by precinct designation, example “46 sergeant”. Mobile field
force will consist of precinct personnel as listed in ADDITIONAL DATA, page 10, e.g. 1st,
5th and 7th Precincts are designated the 1st mobile field force; 46th, 47th, 50th, and 52nd
Precincts are designated the 9th mobile field force. Lieutenants will be called by lieu-
tenant’s mobile field force designation, example “9th mobile force lieutenant”.
20. Instruct subordinate members of the following assignment guidelines:
a. Do not act independently; follow direction and adhere to the team
concept.
b. Do not “punish,” rather, be “professional” at all times.
c. Ensure that only minimum force is used to achieve objectives.
d. Be tolerant of verbal abuse uttered by civilians in crowd in
attempting to provoke an incident.
e. Maintain formation when advancing in a disorder situation.
f. Maintain one arm’s length distance between themselves and the
adjoining member.
g. “On guard” stance should be used by all members in either a line
or wedge formation.
h. Be aware of potential danger of rooftops and high ground
locations, e.g., rock/bottle throwers, snipers, etc.
i. MAINTAIN FIREARMS DISCIPLINE.
NOTE Supervisors of arrest teams should not stray from police lines due to the possibility of being
surrounded by crowd members. Supervisors should also ensure that arresting officers adequately
observe and document the actions of those arrested, prior to and during the arrest.

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LIEUTENANT 21. Instruct subordinate members of the following PROHIBITED CONDUCT:


(continued) a. Do not permit any subordinate to become complacent, regardless
of their particular assignment.
b. Do not permit any subordinate to break from formation or act
independently, i.e., “Think Team.”
c. Do not permit sergeants to assign less than two officers to roof top
posts, rear yards or alleys.
(1) Ensure that only uniformed officers are given these assignments.
d. Do not permit unnecessary conversation.
e. Do not permit officers to congregate on post.
f. Do not permit unauthorized radio transmissions.
g. Do not permit sergeants to assign members in civilian clothes to
rooftops, rear yards, or alleys.
NOTE A lieutenant is responsible for overseeing one mobile field force consisting of three to five
squads, each consisting of one sergeant and eight police officers. In disorder control
situations, it is imperative that lieutenants reinforce the “team concept” of working
together to form a larger team and not individually. Each mobile field force can be given
a variety of assignments (see ADDITIONAL DATA for listing of team assignments).
SERGEANT 22. Respond quickly and safely to stationhouse, form squad of eight police
officers, insure they are properly equipped and respond to mobilization
point as directed by van.
23. Assume duties of squad sergeant.
NOTE Sergeants will be responsible for the performance of the squad they are assigned. Each
squad will consist of eight police officers from the sergeant’s respective precinct.
24. Prepare DETAIL ROSTER/ASSIGNMENT SHEET enroute to mobilization
point.
25. May be directed to assist the Incident Commander in the operation of the
field command post.
26. Assume duty as either the Operations, Personnel, Intelligence, or Logistics
Officer (see ADDITIONAL DATA), if assigned to the field command post.
27. Have helmet, baton, flashlight, DETAIL ROSTER/ASSIGNMENT
SHEET, and disorder control guidelines available on patrol in RMP.
28. Follow instructions of supervisors, inspect members assigned, submit
DETAIL ROSTER/ASSIGNMENT SHEET, etc.
29. Ensure that portable radio is on designated frequency and maintain radio
discipline of subordinates.
30. Direct that Department vehicle is parked in designated area only.
31. Have vehicle keys delivered to security detail, if required.
32. Conduct thorough inspection of members assigned.
33. Explain instructions carefully to all police officers assigned, instructing
uniformed members concerned to record important information such as:
a. Importance of team concept in disorder control.
b. Post and/or sector boundaries.
c. Nature of disorder.
d. Equipment information.

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SERGEANT e. Mission of squad.


(continued) f. Location and phone number of command post and arrest
processing area.
g. Identification of Incident Commander, platoon-mobile field force
lieutenant, and other key ranking officers.
h. Appropriate radio frequency and mobile field force/disorder
control squad radio call signs.

NOTE Each squad will consist of one sergeant and eight police officers from the same precinct.
Sergeants will be called by precinct designation, example “46th sergeant”. Mobile field
force will consist of precinct personnel as listed in ADDITIONAL DATA, page 8, e.g. 1st,
5th and 7th Precincts are designated the 1st mobile field force; 46th, 47th, 50th, and 52nd
Precincts are designated the 9th mobile field force. Lieutenants will be called by their
mobile field force designation, example “9th mobile field force lieutenant”. Captains
will command three mobile field forces of each borough and will be called by their
borough designations, e.g., “Bronx captain”.

34. Instruct subordinate members on the assignment guidelines as listed in step 20.
35. Instruct subordinate members on PROHIBITED CONDUCT as listed in step 21.

POLICE 36. Have helmet, baton, flashlight and disorder control guidelines available in
OFFICER RMP on patrol.
37. Respond quickly and safely to stationhouse or mobilization point as directed.
38. Follow instructions of supervisors.
39. Have portable radio tuned to designated frequency, when directed.
40. DO NOT drive through a disorder area to reach a mobilization point or
staging area.
41. Park Department vehicle in designated space ONLY.
a. DO NOT BLOCK OTHER VEHICLES.
b. Give keys of RMP to security detail, if required.
42. Listen to instructions carefully and record important information such as:
a. Post and/or sector boundaries
b. Nature of disorder
c. Mission of the team
d. Equipment information
e. Location and phone number of command post and arrest
processing area
f. Identification of squad sergeant and other ranking officers.
g. Appropriate radio frequency and mobile field force/disorder
control squad radio call signs.
43. Comply with instructions on the assignment guidelines listed in step 20.
44. Comply with instructions on PROHIBITED CONDUCT listed in step 21.

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ADDITIONAL TEAM ASSIGNMENTS


DATA
 CROWD DISPERSAL - Responsible to take action against unlawful and disorderly
groups. In line or wedge formations direct team to disperse a disorderly crowd.

 MOBILE RESPONSE - Required to create sectors in the disorder area for patrol
by mobile response units. Also responsible to create a mobile reserve for emergency
response and reliefs.

 ARREST DUTY - Required to implement appropriate arrest tactics under the


supervision of sergeants and lieutenants.

 GENERAL PATROL - Responsible to provide teams assigned to foot patrol to create


a sense of police presence in area. Required to select appropriate posts for patrol.

 PROTECTING VULNERABLE, SENSITIVE OR CRITICAL LOCATIONS -


Responsible for correctly identifying locations and providing security for designated areas.

 ESCORT DUTY - Maintain a liaison with other agencies and utilities, and provide
staging locations where the system of escorts can be administered.

 CHECKPOINT DUTY - Identify borders of the disorder and provide checkpoints


on appropriate roadways to create a system to:
a. Detour traffic around the disorder area
b. Identify alternate routes for detoured traffic
c. Prevent unauthorized entry into the disorder area
d. Prevent disorderly groups from entering or exiting disorder area.

NEW  YORK  CITY  POLICE  DEPARTMENT


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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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ADDITIONAL MOBILE FIELD FORCE ASSIGNMENTS


DATA PATROL SERVICES BUREAU
(continued)
2ND & 3RD PLATOONS 1ST PLATOON
(1 SGT. AND 8 POs (1 SGT. PER MOBILE FIELD FORCE
MOBILE FIELD PER PRECINCT) 2 POs PER PRECINCT)
FORCE NUMBER SGTs POs SGTs POs PCTS ASSIGNED
PBMS 1 3 24 1 6 1-5-7
2 4 32 1 8 6-9-10-13
3 3 24 1 6 MTS-17-MTN
SUBTOTAL 10 80 3 20
PBMN 4 4 32 1 8 19-20-CPP-24
5 4 32 1 8 26-30-33-34
6 4 32 1 8 23-25-28-32
SUBTOTAL 12 96 3 24
PBBX 7 4 32 1 8 40-42-44-48
8 4 32 1 8 41-43-45-49
9 4 32 1 8 46-47-50-52
SUBTOTAL 12 96 3 24
PBBS 10 4 32 1 8 60-61-62-70
11 5 40 1 10 66-68-72-76-78
12 4 32 1 8 63-67-69-71
SUBTOTAL 13 104 3 26
PBBN 13 3 24 1 6 73-75-81
14 4 32 1 8 77-79-84-88
15 3 24 1 6 83-90-94
SUBTOTAL 10 80 3 20
PBQS 16 4 32 1 8 102-103-106-107
17 4 32 1 8 100-101-105-113
SUBTOTAL 8 64 2 16
PBQN 18 4 32 1 8 104-108-114-115
19 4 32 1 8 109-110-111-112
SUBTOTAL 8 64 2 16
PBSI 20 3 24 1 6 120-122-123
TOTAL PSB 76 608 20 152

TRANSIT BUREAU
MFF 1 3 24 1 6 PER TRANSIT
2 4 32 1 8 PLAN (SEE
3 4 32 1 8 ADD. DATA,
TOTAL TD 11 88 3 22 page 12)

HOUSING BUREAU
1 3 24 1 6 ANY 3 PSAs
2 3 24 1 6 DO
3 3 24 1 6 DO
TOTAL HB 9 72 3 18

GRAND TOTAL 96 768 26 192

NOTE Mobile field forces are a method of organizing personnel into working groups utilizing
the “old” geographical patrol division format with the exception of Patrol Borough
Queens North and Queens South. The Housing Bureau and Transit Bureau will organize
their mobile field forces as per their own Bureau plans.

NEW  YORK  CITY  POLICE  DEPARTMENT


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ADDITIONAL TRANSIT BUREAU RESPONSE PLAN


DATA
(continued) The Transit Bureau patrol boroughs do not currently correspond to the geographical
and administrative patrol boroughs of the Patrol Services Bureau. To address this, the
following response plan will be utilized:

PATROL 2ND & 3RD PLATOON 1ST PLATOON DISTRICT(S)


BOROUGH RESPONSE PER RESPONSE PER REQUIRED
MOBILIZED DISTRICT DISTRICT TO RESPOND

PBMS 1 SGT. & 8 POs 2 POs 2&4

PBMN 1 SGT. & 8 POs 2 POs 1&3

PBBX 1 SGT. & 8 POs 2 POs 11 & 12

PBBS 1 SGT. & 8 POs 2 POs 32 & 34

PBBN 1 SGT. & 8 POs 2 POs 30 & 33

PBMS AND 1 SGT. & 8 POs 2 POs 20


PBQS

PBSI NONE NONE NONE

RELATED Command Post Operations (P.G. 213-01)


PROCEDURES Emergency Incidents (P.G. 213-02)
Rapid Mobilization (P.G. 213-03)
Mobilization Readiness Levels (P.G. 213-04)
Unusual Disorder Plan-Formulating Plan (P.G. 213-08)
Unusual Disorder Maps (P.G. 213-07)
Unusual Disorder Kits (P.G. 213-09)
Unusual Occurrence Reports (P.G. 212-09)
Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06)

FORMS AND DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-06

LARGE SCALE ARREST PROCESSING PROCEDURE


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/01/14 07/01/14 1 of 2

PURPOSE To establish a coordinated arrest processing procedure for situations in which the number
of arrests effected is, or is anticipated to be, in excess of twenty persons, (i.e. organized
demonstration, large scale disorder, large police enforcement initiatives, etc.).

NOTE In the borough of Manhattan or Brooklyn North, the former Manhattan Central Booking
facility, (enabled with OLBS and Livescan capabilities), is available to process arrests.
Commanding officers interested in using this facility must notify the Commanding Officer,
Manhattan Court Section.

PROCEDURE When it is anticipated that a large number of arrests will be effected:

BOROUGH 1. Establish and maintain a list of all the precinct stationhouses within the
COMMANDER Patrol Borough, in priority order, for utilization to process up to twenty
persons in mass arrest situations.

NOTE Each of the eight Patrol Boroughs will forward an updated copy of this list to the
Operations Unit.

2. Establish priority of the stationhouses to be utilized based on each precinct


stationhouse’s ability to simultaneously process multiple prisoners with
minimal interference to that command’s day to day operations.

NOTE When determining the priority in which precinct stationhouses will be utilized first in each
Patrol Borough, consideration will be given to the precinct’s physical layout, its ability to
secure multiple prisoners at one time and the space available for arresting/assigned officers
to prepare required arrest related forms and reports, (geographical considerations may
also be given at the actual time of the incident before precincts are utilized).

INCIDENT 3. Have groups of no more than twenty prisoners with their


COMMANDER arresting/assigned officers and one supervisor from the scene of arrest,
transported to designated precinct stationhouse(s) via patrol wagon.

NOTE Every effort will be made to have arresting/assigned officer’s process no more than five
prisoners and the arrest supervisors assigned no more than four arresting/assigned
officers, when practical.

4. Ensure arresting/assigned officers have definite knowledge of the arrest,


and can articulate the factual elements of the offense for which the arrests
were effected.
5. Have the desk officer of the processing precinct notified of the number of
prisoners that are enroute to their command for processing.

NOTE Precinct commanders will ensure that their commands have an adequate supply of arrest
related forms and reports readily available in the event their stationhouse is utilized.

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ARREST 6. Ensure that each prisoner is photographed with their arresting/assigned


SUPERVISOR officer before boarding patrol wagon and affix MASS ARREST
PEDIGREE LABEL (PD244-093) to each printed digital photo, with all
relevant captions completed.
7. Contact the Incident Commander/Command Post, upon arrival at
processing precinct stationhouse, to verify if prisoners will be processed
as on-line arrests or be issued DESK APPEARANCE TICKETS
(PD260-121) and/or Criminal Court Summonses, if qualified.
8. Ensure that city, state and federal warrant checks are performed.
9. Directly supervise all arrest processing, as per that borough’s arrest
processing procedures.

NOTE The precinct Arrest Processing Officer (APO), will assist the arrest processing supervisor and
arresting/assigned officer in all computer functions and ensure all appropriate forms are
prepared so that the District Attorney’s Office will be able to prepare a Sworn Complaint.
The primary function of the Arrest Processing Officer is to return the arresting/assigned
officer to patrol during large scale demonstrations, disorder or enforcement initiatives. The
arrest processing supervisor will identify another member of the service, who is qualified in
Livescan, to fingerprint ALL prisoners that are required to be fingerprinted.

10. Review and sign, where appropriate, all arrest related documents and forms
for accuracy and completeness upon completion of arrest processing,
including DESK APPEARANCE TICKETS and Criminal Court
Summonses issued (ensuring the appropriate return date has been issued).
11. Contact Incident Commander/Command Post to receive approval before
releasing any defendant issued a DESK APPEARANCE TICKET or
Criminal Court Summons, and if applicable, to request transportation to
the appropriate Court for prisoners processed as on-line arrests.

ADDITIONAL When a large scale arrest situation is anticipated, the commanding officer concerned is
DATA to notify the concerned borough Court Section supervisor, via telephone message, with
all pertinent information, including the date and time of scheduled event and the
anticipated number of arrests. The borough Court Section will then make appropriate
notifications to the District Attorney’s Office and Office of Court Administration to
ensure all arrests are processed expeditiously.

If large scale arrest situations are scheduled sufficiently in advance, and the number of
anticipated arrests dictate it, a centralized processing area may be utilized and
coordinated through the concerned borough Court Section.

RELATED Criminal Court Summonses - Graphic (P.G. 209-11)


PROCEDURES Arrest by a Civilian (P.G. 208-04)
Desk Appearance Ticket - General Procedure (P.G. 208-16)
Command Post Operations (P.G. 213-01)

FORMS AND DESK APPEARANCE TICKET (PD260-121)


REPORTS MASS ARREST PEDIGREE LABEL (PD244-093)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-08

UNUSUAL DISORDER PLAN - FORMULATING PLAN


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/19 08/28/19 1 of 6

PURPOSE To formulate plans for suppressing unusual disorder.

PROCEDURE When commanding officers concerned (see ADDITIONAL DATA) are required to
formulate and maintain unusual disorder plans:

BUREAU CHIEF/ 1. Direct commanding officers of subordinate commands to formulate and


BOROUGH submit an unusual disorder plan following the outline listed in
COMMANDER/ ADDITIONAL DATA.
COUNTERPART

PRECINCT/ 2. Evaluate current unusual disorder plan of command.


UNIT 3. Formulate new plan following the outline listed in ADDITIONAL DATA.
COMMANDER 4. Prepare plan utilizing current Department word processing software.
a. DO NOT skip any appendix listed in outline.

NOTE If an appendix does not apply, prepare a blank page listing the appendix and the
statement “DOES NOT APPLY TO THIS COMMAND.”

5. Forward disk, if available, and a printed copy of plan to bureau chief/


borough commander or counterpart.

BUREAU CHIEF/ 6. Consolidate and review all unusual disorder plans for completeness and
BOROUGH accuracy.
COMMANDER/
COUNTERPART

BOROUGH 7. Have a file created for unusual disorder plans at the borough “wheel,”
COMMANDER/ Strategic Response Group command and borough command post vehicle.
COUNTERPART 8. Formulate and prepare an unusual disorder plan for the borough utilizing
the appropriate appendices in ADDITIONAL DATA to convey instructions
and advice to subordinate commands regarding borough policies and
procedures.
9. Have borough unusual disorder plan prepared utilizing current
Department word processing software.

BUREAU CHIEF/ 10. Submit disks, if available, and printed copies of plans to Office of the
BOROUGH Chief of Department for review.
COMMANDER/
COUNTERPART

NOTE Unusual disorder plans will be updated yearly with changes noted on a cover sheet and forwarded
to the Office of the Chief of Department by February 1st each year. Bureau/borough/unit com-
manders may conduct a more frequent review of disorder plans, as necessary.

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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

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CHIEF OF 11. Review unusual disorder plans submitted from bureau chiefs/borough
DEPARTMENT commanders or counterparts.
12. Forward approved plans to bureau chief/counterpart or borough commander/
counterpart concerned, through channels.
a. Forward copies of all completed unusual disorder plans and disks
to the Disorder Control Unit.

BUREAU CHIEF/ 13. Ensure approved disorder plans are available on a twenty-four hour basis.
BOROUGH 14. Have the unusual disorder plan, in a binder, maintained at the desk and in
COMMANDER patrol supervisors’ RMPs.
COUNTERPART 15. Instruct members of the command of:
a. The location and routes to the precinct mobilization points
b. Emergency routes, particularly those which pass through the
confines of precinct.
16. Have a map with the mobilization points displayed in the sitting room.

ADDITIONAL Commanding officers of the following commands are required to formulate and
DATA maintain unusual disorder plans:
a. All patrol precincts
b. All patrol boroughs
c. All Strategic Response Groups
d. Detective Bureau
e. Missing Persons Squad
f. Housing Bureau (response to a city-wide condition)
g. Transit Bureau (response to a city-wide condition)
h. All police service areas
i. All transit districts and task forces
j. Criminal Justice Bureau
k. Fleet Services Division (including Fuel Control Unit)
l. Property Clerk Division
m. Quartermaster Section
n. Office of the Chief of Special Operations (including sub-units not listed)
o. Emergency Service Unit (including all sub-units)
p. Street Crime Unit
q. Harbor Unit
r. Aviation Unit
s. Chief of Transportation (including sub-units not listed)
t. Highway District
u. Mounted Unit
v. Candidate Assessment Division
w. Deputy Commissioner - Legal Matters
x. Chief of Community Affairs
y. Communications Division
z. Electronics Section
aa. Operations Division.

NEW  YORK  CITY  POLICE  DEPARTMENT


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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-08 08/28/19 3 of 6

ADDITIONAL FORMAT TO BE FOLLOWED WHEN PREPARING UNUSUAL DISORDER


DATA PLAN
(continued)
SECTION I
APPENDIX A
INTRODUCTION AND INSTRUCTIONS
(1) PATROL PRECINCTS, POLICE SERVICE AREAS AND TRANSIT
DISTRICTS
(a) Describe precinct, police service area and transit district
demographics including:
- Physical description
- Ethnic breakdown
- Religious breakdown
(b) Include important characteristics or short historical analysis of
past disorders, feuds, bias problems, etc.
- Include recent events where appropriate.
(c) Outline duties and local tactics to be followed when disorder is:
- Localized
- Enveloping the entire command
- Involving multiple precincts, districts or police service areas
(d) Sectoring, perimeter checkpoints and linear strategy should be
evident in these plans.
(2) OTHER THAN COMMANDS LISTED ABOVE (I.E., DETECTIVE
BUREAU, PROPERTY CLERK DIVISION, ETC.)
(a) Describe your anticipated participation in an unusual disorder
response and how you intend to accomplish your mission.
(b) How many personnel will be rescheduled if required and
available for deployment?
(c) What procedures will be instituted to ensure sufficient personnel to
carry out your anticipated mission in an unusual disorder response?

APPENDIX B
VULNERABLE LOCATIONS
(1) Each group of locations should be listed in priority order, with supplied
post lists, for patrol coverage, i.e.:
(a) COMMERCIAL PRIORITY 1
PRIORITY 2
(b) OTHER LOCATIONS PRIORITY 1

APPENDIX C
SENSITIVE LOCATIONS
(1) List sensitive locations, with appropriate post lists, by type in priority
order, as follows:
(a) Gun shops
(b) Sensitive religious locations
(c) Public utilities
(d) Sensitive diplomatic locations
(e) Storage sites of large quantities of hazardous materials
(f) Any other locations deemed necessary by the commanding officer.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-08 08/28/19 4 of 6

ADDITIONAL APPENDIX D
DATA MOBILIZATION POINTS - HELICOPTER LANDING ZONES
(continued) (1) Identify two mobilization points in your command with staffing levels
and post lists for traffic control and security.
(2) Identify alternate staging areas with post lists for security and traffic control.
(3) Identify rest areas, i.e., two city schools within your command to be
used as rest/staging areas for reporting members.
(a) Include posts/ staffing to provide security.
(4) Identify a “Helicopter Landing Zone” with post lists to secure location.
(a) Submit proposed helicopter landing zone information on Typed
Letterhead to the Commanding Officer, Aviation Unit for final approval.
(5) Identify docking locations for Harbor Unit in precincts that border
water.

NOTE When creating post assignments as required in Appendices B, C, and D, remember the
principle of economy of force. Utilize the minimum number of officers for defensive post
assignments using the one sergeant and eight police officer squad concept.

APPENDIX E
SPECIAL TACTICAL PLANS
(1) Include a summary of specialized plans already existing in your
command, such as Halloween, yearly, or frequent protest rally plans
including plans used to regulate them for the past three years.
APPENDIX F
EQUIPMENT/SPECIALIZED UNIT REQUIREMENTS NEEDED TO
EFFECTIVELY IMPLEMENT PLANS AND TACTICS
(1) List all motor vehicles, bicycles, boats, aircraft, number of animals
assigned to command by type
(2) List number of portable radios
(3) List additional equipment needed to implement plans and tactics.
APPENDIX G
DETENTION FACILITIES
(1) List detention facilities within your command boundaries not including
those in your building suitable for processing of prisoners, after
conferral with Criminal Justice Bureau.
(a) Include security post list for each facility.
APPENDIX H
PERSONS KEY TO COMMUNITY STABILITY
(1) Lists should include telephone number, beeper number (if available),
address, etc. Persons listed should be grouped as follows:
- Elected officials
- Clergy
- Community Council members
- Community Board members
- School officials
- Other community/civic organizations
- Other prominent persons.

NEW  YORK  CITY  POLICE  DEPARTMENT


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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-08 08/28/19 5 of 6

NOTE Include instructions, after conferral with borough commander, on how to notify those
persons listed above.

ADDITIONAL SECTION II
DATA APPENDIX I
(continued) COORDINATION OF EFFORTS WITH OTHER AGENCIES OR POLICE
DEPARTMENTS OPERATING WITHIN THE AFFECTED AREA.
(1) List contact persons and telephone numbers.
(2) Describe the role and contribution of these agencies during an unusual
disorder.
(a) Confer with these agencies.
(3) List locations and designations of local agency sites (i.e., firehouses,
sanitation garages, ambulance bases, etc.).
(4) List vehicle fueling locations at other agencies within your command.

APPENDIX J
KEY PERSONNEL (PRECINCT OR UNIT)
(1) List key personnel, with home telephone numbers and addresses, i.e.,
operations coordinator, special operations coordinator, etc.
(a) Include notification instructions for each mobilization level.

APPENDIX K
PRECINCT SECTOR DESCRIPTIONS, (OR EQUIVALENT FOR
HOUSING BUREAU AND TRANSIT BUREAU), BOUNDARIES, MAPS

APPENDIX L
EMERGENCY TRANSPORTATION AVAILABLE IN YOUR COMMAND.
(1) Include commercial buses, ferries and heliports.

APPENDIX M
LOCAL HOSPITALS\NURSING HOMES
(1) List all hospitals\nursing homes, with a list of each hospitals\nursing
homes’ key administrators, within your command.
(a) List established emergency routes to local hospitals\nursing homes.
(b) List the facilities that may require assistance in the event of a
power outage or interruption.
(2) Include a floor plan (a clear, legible and simplified sketch) of hospital
emergency room and telephone numbers of key departments within each
hospital.

NOTE Include an 8 ½ x 11 inch map with Appendix “B,” “C,” “D,” and “K.” Each map should
be specific to the information in that appendix.

RELATED Command Post Operations (P.G. 213-01)


PROCEDURES Emergency Incidents (P.G. 213-02)
Rapid Mobilization (P.G. 213-03)
Mobilization Readiness Levels (P.G. 213-04)
Duties At Unusual Disorders (P.G. 213-05)
Unusual Disorder Maps (P.G. 213-07)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-08 08/28/19 6 of 6

RELATED Unusual Disorder Kits (P.G. 213-09)


PROCEDURES Unusual Occurrence Reports (P.G. 212-09)
(continued) Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06)

FORMS AND Typed Letterhead


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-09

UNUSUAL DISORDER KITS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2

PURPOSE To provide readily available clerical supplies and Department forms for use at
unusual disorder scenes.

COMMANDING 1. Maintain at a readily available storage location, with command post log
OFFICER and flag, an unusual disorder kit containing the following:

ITEM AMOUNT

Copy of precinct/police service area/


transit district “Unusual Disorder Plan” 1

NOTE An additional copy of precinct/police service area/transit district Unusual Disorder Plan
will be separated by Appendix, placed in individual manila folders, and appropriately
labeled according to area. Folders will be delivered to, and available for, reference at
field command post.

Copy of Patrol Guide 213 Series 1

Precinct/police service area/transit district


map (large laminated - see ADDITIONAL DATA) 2

Precinct/police service area sector map


(small, reproduced on photocopy machine) 75

Number 1 book 2

Writing tablet, lined, 8 ½” X 14” 4

Multi-service envelope 15

Paper clips 2 boxes

Stapler 1

Staples 1 box

Dry eraser markers 1 set

Index cards, 4” X 6” 200

Rubber bands 1 box

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-09 08/01/13 2 of 2

COMMANDING DEPARTMENT FORMS AMOUNT


OFFICER
(continued) ACCIDENT REPORT - CITY INVOLVED (PD301-155) 50
AIDED REPORT WORKSHEET (PD304-152B) 200
COMPLAINT REPORT WORKSHEET (PD313-152A) 200
DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) 200
IDENTIFICATION TAG (PD317-091) 100
MISSING - UNIDENTIFIED PERSON REPORT (PD336-151) 50
PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) 200
TAG (PD521-091) 300

2. Instruct desk officers to dispatch unusual disorder kit to a scene of an


unusual disorder, when required.
3. Obtain additional supplies, if required during an unusual disorder, from
command post vehicle, adjoining commands or Quartermaster Section.
4. Replace expended supplies without delay.
5. Cause semiannual inspection of unusual disorder kit and place supplies
that are missing, obsolete, deteriorated, etc.

ADDITIONAL Large laminated maps will be prepared as per P.G. 213-07, “Unusual Disorder Maps.”
DATA

RELATED Command Post Operations (P.G. 213-01)


PROCEDURES Emergency Incidents (P.G. 213-02)
Rapid Mobilization (P.G. 213-03)
Mobilization Readiness Levels (P.G. 213-04)
Duties At Unusual Disorder (P.G. 213-05)
Unusual Disorder Plan - Formulating Plan (P.G. 213-08)
Unusual Disorder Maps (P.G. 213-07)
Unusual Occurrence Reports (P.G. 212-09)
Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-11

POLICING SPECIAL EVENTS/CROWD CONTROL


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/19/18 10/19/18 1 of 6

PURPOSE To provide police presence and crowd control at special events.

DEFINITIONS For the purposes of this procedure, the following definitions will apply:

INCIDENT COMMANDER - The highest ranking uniformed police supervisor


responsible for the command, control and coordination of all incident operations.
For planned events such as parades, demonstrations, and similar situations, the
precinct commanding officer will ordinarily be designated as incident
commander. If the event occurs in two or more commands within the same
patrol borough, the patrol borough commander will be designated as incident
commander, and in cases where the event affects more than one patrol borough,
the Chief of Patrol will be designated as incident commander.

PLACES OF PUBLIC ASSEMBLY: Locations where events open to the public


are held. Examples include, but are not limited to: stadiums, theaters, arenas,
school auditoriums, gymnasiums, meeting halls, ballrooms, armories, field and
street areas where events are held, etc.

SPECIAL EVENT: An event which, based on an evaluation of factors including


but not limited to the following, would lead a commanding officer to reasonably
believe that special police coverage, presence, or response may be needed, based
on the following factors:
a. Size and demographics of crowd expected to attend event
b. Size and layout of the event facility
c. Past critiques of similar events
d. Criminal history of location
e. Availability of alcohol
f. Presence of notables/personalities, live music or entertainers
g. Previous history of disruption or problems associated with or due to
reputations of, or specific issues related to speaker or performers
h. Manner of ticket sales (box office, advance tickets, door sales, mail,
lottery, outlets, etc.)
i. Manner of admission (advance tickets, door sales, free admission, etc.)
j. Nature or sensitivity of the event
k. Presence of private security
l. Presence or possibility of opponents or counterdemonstrators.

Such events may be either routine or outside of the normal course of business of
the facility concerned.

PROCEDURE Upon receiving information that a special event will be held at a location of
public assembly:

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MEMBER 1. Provide all pertinent information to incident commander concerned.


RECEIVING a. Notify Operations Unit direct if time is a factor.
INFORMATION

INCIDENT 2. Assign a supervisor to conduct pre-event survey.


COMMANDER a. Forward copy of information received to Intelligence Bureau.

NOTE Provide basic information regarding event site from precinct file, if available.

SUPERVISOR 3. Confer with community affairs officer(s), operator of facility, event


ASSIGNED sponsor(s), security coordinators and other parties involved with event.
4. Review event preparations with operator of facility.
5. Conduct pre-event survey of location, when appropriate.
6. Report results to incident commander concerned.

INCIDENT 7. Review information received and make preliminary determination of


COMMANDER what, if any, Department resources are required, e.g., special attention,
assignment of detail, special equipment, etc.
8. Notify next higher command, of information received and preliminary
determination.

WHEN NECESSITY OF PRE-EVENT PLANNING CONFERENCE IS INDICATED:

INCIDENT 9. Convene planning conference, at facility where event is to be held, with


COMMANDER operator, event sponsor(s), security coordinator, representative of next
higher command, Operations Division, and other parties involved.

NOTE If pre-event survey indicates possibility of large crowd exceeding facility capacity or
medical assistance being needed, the Fire Department will be notified to have a
representative at the conference.

10. Request to have representative(s) present at inter-agency conference with


the event organizers and facility management, if pre-event survey
indicated that other city agencies may be needed.
11. Evaluate the event, by determining the following:
a. Organizer’s past experience with similar events
b. Likelihood of planned event drawing large crowds
c. Demographics of crowd likely to attend the event.
12. Obtain information regarding admission to event and determine:
a. If paid or by free admission
b. Amount of advance sale tickets anticipated
c. Anticipated ticket sales at gate on day of the event and ticket sale
locations at site, as well as ticket pickup locations
d. Number of entrances available for ticket holders
e. Plans, if any, for non-ticket holders, waiting lines, ropes, ushers,
security personnel, etc.

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INCIDENT f. If magnetometers are to be used at event.


COMMANDER 13. Determine if all necessary permits have been requested and/or obtained.
(continued) 14. Determine if security force is armed.
15. Ascertain if alcoholic beverages are going to be served at the event.
16. Confer with Intelligence Bureau to determine past history of similar
events, if deemed appropriate.
a. Conduct background checks on armed security (if known), event
sponsors and the premises, if necessary.
17. Notify next higher command concerned of pre-event planning conference
findings.

NOTE In appropriate cases, the Intelligence Bureau will be conferred with to check the history
of past events. The Police Department will not engage in any investigation of political
activity except through the Intelligence Bureau and such investigation will be conducted
as set forth in the guidelines contained in P.G. 212-72, “Guidelines for Uniformed
Members of the Service Conducting Investigations Involving Political Activities.”

WHEN RESULTS OF PRE-EVENT SURVEY OR CONFERENCE INDICATE


NECESSITY OF POLICE PRESENCE:

18. Ensure other city agencies NOT represented at the pre-event planning
conference (Fire Department, Parks Department, New York City Transit,
Department of Sanitation, etc.,) have been notified, and receive all pertinent
information, as necessary.
19. Request Deputy Commissioner Public Information disseminate
appropriate information to the media regarding police presence, contact
information, zero tolerance enforcement policy, etc.

NOTE In cases in which the special event is a demonstration, information on expected street
and sidewalk closings and information on how the public may access a demonstration
site will be disseminated to the media and event organizers and should, if possible, be
posted on the Department’s website. Officers assigned to such events should be given
detailed instructions on such closings and points of access prior to assignment. Detail
supervisors should also be advised of street closures and points of access and any
changes of points of access which occur during the event and which were not previously
anticipated and publicized. Officers assigned to such events shall provide information
to the public at the event about available points of access.

20. Request all necessary personnel and equipment (e.g., command post
vehicles, portable radios, bullhorns, sound equipment, barriers, vehicles,
lighting, etc.), through patrol borough concerned.
21. Develop pre-event plan to include, but not be limited to, the following:
a. Designation of security arrangements and responsibilities
b. Identification of all contact persons, including telephone numbers
c. Command post locations, if necessary
d. Internal and external radio communication plan, including dual
dispatch protocol, if necessary

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INCIDENT e. Entrance and exit locations and their capacities


COMMANDER f. Floor plans, including legal capacity of facility based on the
(continued) Certificate of Occupancy
g. Ensure that a sufficient number of police barriers are requested for
the event, if appropriate
h. Develop a barrier configuration plan that ensures:
1) Orderly movement by persons attending the event.
2) Safety lanes and frozen areas to provide access for police
personnel.
3) Barrier configuration for demonstrations should not
unreasonably restrict access to, and participation in, the event.
For example, attendees should be permitted to leave a
barriered area at any time. In addition, if crowd conditions and
other circumstances permit, participants should be permitted to
leave and return to the same area. Sufficient openings in the
barricades should be maintained for the purpose of permitting
attendees to leave expeditiously and return to the event.
i. Parking area locations and their capacity
j. Plan to provide for fluid flow of vehicle traffic which will include
emergency access routes
k. Public transportation availability and locations, including route or
schedule adjustments
l. Mobilization location, if one becomes necessary
m. Medical aid stations and locations
n. Crowd control plan
o. Type of seating which will be afforded to attendees
p. Provision for media access
q. Counter-demonstration activities and locations
r. Provision of live video feeds or other event monitoring and
recording techniques
s. Aviation Unit and/or rooftop surveillance
t. Plainclothes surveillance and/or enforcement
u. Any other factors deemed necessary.
22. Establish a post event patrol plan, if necessary.
a. Include scheduling and deployment of Strategic Response Group,
where appropriate.

NOTE Where the use of the Mounted Unit becomes necessary for crowd control purposes,
incident commanders are reminded that if Mounted officers are deployed for such
purposes, it is important to ensure that a crowd or group to be dispersed has sufficient
avenues of egress available to them and has had a reasonable chance to disperse.

SUPERVISOR 23. Review event coverage requirements and recommendations.


NEXT HIGHER a. Assign detail and forward request for necessary equipment, when
COMMAND appropriate.

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ADDITIONAL Where circumstances indicate that the continued sale and consumption of alcoholic
DATA beverages pose a threat to public safety, the Department may suspend the sale of alcoholic
beverages for a period of time necessary to address the public safety concerns.

Prior to the beginning of the event, the incident commander will ensure that
communication is established with the operators and security coordinators of the event.

When necessary the incident commander may decide to establish internal communications
via portable radio at the scene with a police observer team or security liaison. Police
observers at the special event shall maintain radio communication with the incident
commander. They will not be used to perform the functions of inside security, which is the
responsibility of the facility operator and security coordinator. If any person present at
the event is injured or endangered, the incident commander will immediately take all
necessary steps to provide assistance, regardless of the type of location or facility.

When notified that a demonstration is to occur, incident commander will cooperate with
persons in charge to the extent possible, balancing their right to free expression with the
need to maintain public safety. The Legal Bureau should be contacted as soon as possible
to assist in planning and arrange for response of a Department attorney if needed.

The following factors will be considered in determining the suitability of a demonstration


location:
a. Time and date
b. Volume of vehicular and pedestrian traffic
c. Proximity of any other related or unrelated events
d. Schools, hospitals, houses of worship, or large public or business
facilities nearby
e. Any other condition which may create a hazard or serious inconvenience
to the public or participants.

The Demonstration Observer Program established in cooperation with the Bar


Association, City of New York permits properly identified observers free access through
police lines at the scene of any demonstration. Observers will display prominently, on
their outermost garment, a photo identification and a green armband bearing the
inscription “Civilian Observer”. All members of the service will extend every courtesy
and cooperation to observers. Observers shall be permitted to remain in any area, or
observe any police activity, subject only to restrictions necessitated by personal safety
factors, as determined by the incident commander.

In those circumstances when the request to search the property of a person is due to an
established security perimeter or security checkpoint (e.g., transit bag checks, large
scale events, school security, etc.), uniformed members of the service are not required to
make such request in a prescribed manner or to provide a RIGHT TO KNOW
BUSINESS CARD (PD142-012), or RIGHT TO KNOW BUSINESS CARD –
GENERAL (PD142-013), unless requested.

RELATED Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at


PROCEDURES Demonstrations (P.G. 212-71)
Guidelines for Uniformed Members of the Service Conducting Investigations Involving
Political Activities (P.G. 212-72)
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RELATED Emergency Incidents (P.G. 213-02)


PROCEDURES Rapid Mobilization (P.G. 213-03)
(continued) Mobilization Readiness Levels (P.G. 213-04)
Duties and Responsibilities at Special Events (P.G. 213-15)
Citywide Incident Management System (CIMS) (P.G. 220 Series)

FORMS AND RIGHT TO KNOW BUSINESS CARD (PD142-012)


REPORTS RIGHT TO KNOW BUSINESS CARD – GENERAL (PD142-013)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-13

EMERGENCY PLANS “A” - “B” - “C”


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/15/17 02/15/17 1 of 2

PURPOSE To expedite movement of traffic and reduce danger to persons or damage to


property during adverse weather or street conditions.

DEFINITION PLAN “A” - for hazardous road conditions caused by freezing rain, snow or ice.
PLAN “B” -for dangerous street conditions caused by hurricanes, storms and floods.
PLAN “C” - for traffic congestion and other conditions caused by unusually
heavy traffic.

PROCEDURE Upon receipt of FINEST message activating Plan “A” “B” or “C”:

DESK OFFICER 1. Notify commanding officer and other units located in same building.
2. Make assignments of personnel in accordance with prioritized traffic post list
maintained at the desk for each emergency plan or as conditions warrant.
a. Give priority to school crossings during school hours
b. Assign personnel to strategic locations to periodically report on
prevalent conditions, if necessary.
NOTE Patrol borough offices will coordinate the assignment of personnel to traffic posts when
Plan “A” is implemented. During emergency periods, personnel assigned to Strategic
Response Groups may be temporarily assigned to priority traffic posts, if necessary, with
the approval of the patrol borough commander.

3. Assign personnel to survey parkways and expressways, to aid stranded motorists.


4. Direct personnel on patrol and special emergency plan assignment to submit
reports of occurrences and action taken, including recommendations.
a. File reports in Log at desk.
5. Notify patrol borough office initially and each hour thereafter of the following:
a. Traffic conditions
b. Detours established
c. Intersections and traffic junctions covered
d. Serious incidents or conditions
e. Additional manpower or equipment required.
NOTE Patrol borough office notifies Operations Unit direct via telephone.

6. Direct that Department property be safeguarded against adverse weather conditions.


7. Maintain special log at desk to record incidents which occur while the
Emergency Plan is in effect and caption Log across a double page as follows:
TIME INCIDENT NOTIFICATION DISPOSITION TIME REMARKS
CORRECTED

8. Notify Operations Unit of persons in need of temporary shelter,


emergency transportation, etc.

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DESK OFFICER 9. Ascertain that assignments are made according to Emergency Plan,
(continued) and/or as appropriate, due to existing conditions.
10. Survey conditions within command and record incidents and situations
requiring further attention.
11. Direct patrol supervisor to survey assigned area and report observations
and recommendations.

UNIFORMED 12. Contact command for possible reassignment upon learning of the
MEMBER OF activation of Emergency Plan.
THE SERVICE a. Remain at intersection if assigned to traffic duty.
b. Remain on school crossing until completion, if so assigned.
13. Continue to perform routine patrol duties unless on special assignment, and
a. Keep intersections clear and traffic moving.
b. Advise persons to safeguard property against high winds, floods, etc.
c. Visit construction sites and advise person in charge to secure
cranes, scaffolding, building material, etc.
d. Remove portable traffic equipment from roadways, if required.
e. Safeguard fallen electric wires and notify utility concerned and
Emergency Service Unit.
14. Report the following to the desk officer:
a. Unusual or hazardous conditions
b. Serious traffic congestion
c. Slippery grades
d. Dangerous bridge conditions
e. Conditions requiring the attention of other agencies.

ADDITIONAL Available patrol and traffic personnel will be utilized during activation of Emergency
DATA Plan “A”, “B” or “C”.

Plan “A”, “B” or “C” may be activated by the Chief of Transportation or higher
authority, on a citywide basis or within a borough as required. The Plans may also be
implemented by a borough commander within the borough or any part thereof.

When an Emergency Plan is activated or discontinued, the commanding officer


authorizing such action will notify the Operations Unit.

When any traffic related problem is observed, or information is received indicating such
a problem, the radio dispatcher will be notified via radio or landline. Corrective action
is to be taken by the members concerned.

When a precinct commander determines that coverage of a previously established


prioritized traffic post for Plan “A” is no longer warranted, or that a new location
should be added, he will amend the post list accordingly and forward a revised copy to
the patrol borough commander. The patrol borough commander shall endorse the
revised post list and forward a copy to the Patrol Services Bureau, Traffic Management
Center and the Traffic Enforcement District.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-15

DUTIES AND RESPONSIBILITIES AT SPECIAL EVENTS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/19/13 08/19/13 1 of 5

PURPOSE To ensure the orderly passage of participants, the safety of spectators and the
efficient rerouting of traffic at parades, demonstrations, and other large scale
special events.

DEFINITION INCIDENT COMMANDER - The highest ranking uniformed police supervisor


responsible for the command, control and coordination of all incident operations.
For planned events such as parades, demonstrations, and similar situations, the
precinct commanding officer will ordinarily be designated as incident
commander. If the event occurs in two or more commands within the same
patrol borough, the patrol borough commander will be designated as incident
commander, and in cases where the event affects more than one patrol borough,
the Chief of Patrol will be designated as incident commander.

PROCEDURE When commencing police operations at the scene of a special event:

INCIDENT 1. Coordinate participation of the following agencies at all major special


COMMANDER events: Fire Department, Department of Traffic, Department of Buildings,
Department of Sanitation, Emergency Medical Service, and any other
agencies deemed necessary.
2. Request NYC Transit to post appropriate signage regarding all
adjustments to bus and subway routes or schedules
3. Inspect event location or parade route, including parade formation and
dismissal areas.
4. Divide entire area affected by event into sectors.
5. Include the following in event sectors:
a. Public transportation facilities located within and one block of
these areas.
b. Streets and avenues within formation and dismissal areas and
public transportation facilities within one block of these areas.

NOTE When practical, assign the same sector and unit commanders to the same event area or
parade route at each succeeding event regardless of regular assignment. This will
enable commanders to become familiar with all conditions within their sectors.

6. Designate location of main and sector command posts at appropriate


points within event area or along parade route.
a. Place command post near reviewing stands
b. Designate parking area for official cars
c. Notify Operations Unit of location and telephone number of main
and sector command posts
d. Comply with P.G. 213-01, “Command Post Operations.”

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INCIDENT 7. Cause event area or parade route to be re-inspected twenty-four hours


COMMANDER prior to event and note conditions requiring special attention or change in
(continued) plans (e.g., construction detours, etc.).
8. Direct precinct commanders, through whose commands the parade will
pass to:
a. Post temporary parking restriction signs sufficiently in advance of
parade.
b. Assign personnel to prevent parking along parade route, formation
and dismissal areas, and if necessary, cross and parallel streets one
block either side of route.
9. Designate important cross streets as “through streets” for buses, fire
apparatus, ambulances and other emergency vehicles and notify
appropriate agencies of these designated locations.
a. Exclude spectators for a distance of one hundred feet, from parade
route on side streets which are bus, fire, ambulance and other
emergency vehicle “through streets” and twenty-five feet on
parade route from corners of such “through streets”.
10. Assign members of the service to traffic duty at intersections along the route or in
the vicinity of the event location and on blocks at either side, as necessary for
control of vehicular traffic.
11. Confer with Operations Unit prior to commencement of event regarding
local or citywide conditions or incidents that may affect police operations.

NOTE In cases in which the special event is a demonstration, information on expected street
and sidewalk closings and information on how the public may access a demonstration
site will be disseminated to the media and event organizers and should, if possible, be
posted on the Department’s website. Officers assigned to such events should be given
detailed instructions on such closings and points of access prior to assignment. Detail
supervisors should also be advised of street closures and points of access and any
changes of points of access which occur during the event and which were not previously
anticipated and publicized. Officers assigned to such events shall provide information
to the public at the event about available points of access.

Barrier configuration for demonstrations should not unreasonably restrict access to,
and participation in, the event. For example, attendees should be permitted to leave a
barriered area at any time. In addition, if crowd conditions and other circumstances
permit, participants should be permitted to leave and return to the same area. Sufficient
openings in the barricades should be maintained for the purpose of permitting attendees
to leave expeditiously and return to the event.

Where the use of the Mounted Unit becomes necessary for crowd control purposes,
incident commanders are reminded that if Mounted officers are deployed for such
purposes, it is important to ensure that a crowd or group to be dispersed has sufficient
avenues of egress available to them and has had a reasonable chance to disperse.

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SECTOR 12. Report to main or sector command post within area of assignment as
COMMANDER designated by the incident commander. If no sector command post is
assigned, work out of main command post.
13. Prior to the start of the event, survey assigned areas for any
situation/condition that may present a potential hazard for marchers,
spectators, the general public, or the police.
a. Implement preventive measures to preclude bystanders from
standing or climbing upon structures.
b. Immediate remedial police action shall be taken to correct any
unusual/hazardous condition, and the incident commander shall be
notified immediately.
c. Make command post log entry of results and actions taken.
14. Assign personnel to:
a. Prevent overcrowding on sidewalk and to keep a clear passageway
along the building lines.
b. Protect fire alarm boxes and other city property.
15. Distribute DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) to
each supervisor in charge of a post or detail of police officers
16. Conduct roll call, utilizing subordinate supervisors to instruct all
members assigned on:
a. Nature of event.
b. Past history of this event or others involving this location or
organization.
c. Importance of the team concept in successful event management.
d. Mission of the team (traffic, escort, crowd management, etc.).
e. Enforcement guidelines.
f. Responsibility to take proper police action, regardless of
assignment, whenever circumstances indicate life or property may
be endangered.
g. Post and sector boundaries.
h. Location and telephone number of main and sector command
post, precinct, arrest processing area, etc.
i. Identification of incident commander, sector/unit commander in
charge, and other key personnel.
j. Radio frequencies to be utilized.
k. Adjustments to bus or subway routes or schedules.

SUPERVISOR 17. Instruct members assigned to detail to prevent:


ASSIGNED a. Persons or organization from joining parade at other than
formation area.
b. Persons from crossing police lines after start of event.
c. Spectators from standing near excavation or on top of walls, boxes, etc.
d. Climbing on trees, poles or other structures.
18. Comply with instructions on DETAIL ROSTER/ASSIGNMENT
SHEET, record names of members assigned, and distribute form as
indicated.
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SECTOR 19. Place completed DETAIL ROSTER/ASSIGNMENT SHEETS inside


COMMANDER front cover of command post log for ready reference during event.
20. Ensure all supervisors are equipped with radios tuned to designated
frequency.

SECTOR 21. Transmit message via detail radio frequency before start of event to notify
COMMANDER sector commanders to:
FORMATION a. Institute traffic detours.
AREA b. Exclude pedestrians from parade roadway.

SECTOR 22. Halt parade contingents a minimum of one block before any emergency
COMMANDER incident such as fire, collision, etc.
a. Divert marching units into side street when necessary.
b. Clear area affected of spectators.
c. Keep command post informed of developments.
23. Arrange to have parade resume as soon as conditions permit and upon
direction of incident commander.
24. Assign members to public transportation terminals and stations, as necessary.
25. Permit persons and vehicles to cross parade route at intersections, during
breaks in parade contingents, or as conditions warrant.
26. Assign personnel to divert pedestrian traffic onto side streets if conditions
on affected streets or sidewalks become too crowded.
27. Anticipate impact of adjustments on crowd conditions and deploy
personnel to manage and direct crowds as they develop.
28. Prevent unauthorized maneuvers or exhibitions, which may cause large
gaps between parade contingents.
29. Monitor progress of parade through sector and correct any conditions
impeding progress.
30. Notify Operations Unit and main command post when:
a. Parade enters and leaves sector.
b. Any collision, arrest, incident or unusual situation occurs.
31. Continuously survey assigned sector for conditions requiring police
service or attention.
32. Contact adjoining sector commanders ascertaining conditions in their
sectors.
33. Assemble and account for assigned personnel and equipment when event
has ended and spectators leave.
a. Notify incident commander of results.
34. Dismiss personnel as directed by incident commander.
a. Dismiss detail assigned to reviewing stand and official parking
area only after dignitaries have left and conditions are normal.

NOTE Incident commander must confer with Operations Unit prior to dismissal of detail
personnel. The Operations Unit will grant permission only if conditions occurring
elsewhere do not require response by personnel to be dismissed.

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INCIDENT 35. File completed DETAIL ROSTER/ASSIGNMENT SHEETS at


COMMANDER precinct of record after assignment is completed.
36. Prepare and submit to patrol borough command a critique including, but
not limited to, the following:
a. Whether sufficient personnel and equipment were assigned
(identify commands responsible for shortages and measures taken
to ensure response).
b. Any incident requiring particular police attention.
c. Other problems encountered.
d. Evaluation of police services rendered.
e. Recommendations for policing this or similar events in the future
and possible adjustment in personnel and equipment in subsequent
similar parades.
f. Overtime incurred by members assigned will be reported under
the following headings:

RANK NUMBER TOTAL HRS. O/T TOTAL HRS PORTAL TO PORTAL

PATROL 37. Review and endorse critique submitted by sector commanders and
BOROUGH forward through channels to Office of Chief of Department, Operations
COMMANDER Division (Room 804-A).

ADDITIONAL TEAM ASSIGNMENTS


DATA
* SPECTATOR MANAGEMENT - Using courtesy, professionalism and respect towards
the spectators viewing or participating in the event.

* MOBILE RESPONSE - Allowing for a quick response of assigned members to another


area of this event or another event elsewhere.
* ENFORCEMENT DUTY - Required to implement appropriate arrest tactics or summons
activity under the supervision of sergeants and lieutenants as enforcement teams or during
preplanned or spontaneous arrest situations.

* PROTECTING VULNERABLE, SENSITIVE OR CRITICAL LOCATIONS - Responsible


for correctly identifying locations and providing security for designated areas.

* ESCORT DUTY - Identify and provide a system of escorts for other service providers,
protected persons or sensitive groups.

* TRAFFIC DUTY - Identify borders of the event, assigning members to appropriate


roadways to:
a. Detour traffic around the area
b. Facilitate use of alternate routes
c. Prevent injury to pedestrians by creating a system of controlled crossings.

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PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-15 08/19/13 6 of 6

RELATED Command Post Operations (P.G. 213-01)


PROCEDURES Emergency Incidents (P.G. 213-02)
Rapid Mobilization (P.G. 213-03)
Mobilization Readiness Levels (P.G. 213-04)
Policing Special Events/Crowd Control (P.G. 213-11)
Command Post Duties and Responsibilities (P.G. 213-14)

FORMS AND DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141)


REPORTS

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-16

RELOCATION OF VEHICLES DURING SPECIAL EVENTS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
09/13/17 09/13/17 1 of 3

PURPOSE To inform members of the service of the procedure to be followed when vehicles
are relocated due to special events (i.e., Presidential visits, parades, or movie/TV
productions, etc.) and to account for all vehicles relocated through proper
documentation by utilizing the Tow Pound Information System (TOPIS).

PROCEDURE Upon learning of a special event affecting patrol boroughs or precincts, in which
vehicles need to be relocated

PATROL 1. Establish a No Parking Detail to handle the removal of vehicles and the
BOROUGH safeguarding of the affected route, if necessary.
COMMANDER 2. Confer with precinct commanding officer to ensure that vehicles
relocated are accounted for and that the affected area is properly
maintained.
3. Confer with the Commanding Officer, Traffic Operations District and
request necessary personnel and equipment (i.e., tow trucks and traffic
enforcement agents, etc.).

NOTE The number of personnel assigned to a No Parking Detail will be determined by the
patrol borough commander/counterpart for large events (parades, Presidential visits,
etc.) or the precinct commander for smaller events.

COMMANDING 4. Determine necessary personnel and equipment needed and deploy


OFFICER, personnel as per arranged schedule to assist the patrol borough/precinct
TRAFFIC commanding officer.
OPERATIONS
DISTRICT

PRECINCT 5. Assign a supervisor to coordinate the No Parking Detail.


COMMANDING 6. Ensure that “No Parking” signs are posted and that vehicles are accounted
OFFICER for, when relocated.

NOTE Parking garages, hotels and businesses within the affected area must be notified that
because of anticipated traffic congestion, vehicular access to and from their location
may not be possible.

SUPERVISOR 7. Have “No Parking” signs posted at least two days prior to the start of an
ASSIGNED event.

NOTE Missing and/or damaged signs are to be replaced on subsequent tours, as necessary.
The patrol supervisor on each subsequent tour is to survey the affected area at the
beginning and end of each tour to ensure that “No Parking” signs are properly posted.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-16 09/13/17 2 of 3

SUPERVISOR 8. Have vehicles relocated from the affected area.


ASSIGNED a. Ensure that tow operators have a sufficient number of Notice of
(continued) Relocation (Misc. 4208) stickers.
b. Make sure each vehicle relocated has a Notice of Relocation
affixed to alert other NYPD or law enforcement personnel that the
vehicle was relocated as a result of police action.
9. Assign a uniformed member of the service to accompany each tow truck
operator when a vehicle is removed and relocated.

NOTE A vehicle bearing a handicap plate or Department of Transportation Special Vehicle


Identification permit will be relocated as close as possible to its original spot. Every
effort will be made to ensure that vehicles relocated are parked legally. Vehicles will
not be double-parked, parked at a hydrant, bus stop, or crosswalk.

UNIFORMED 10. Accompany tow truck operator with vehicles to be relocated.


MEMBER OF 11. Prepare and affix Notice of Relocation stickers on each vehicle moved.
THE SERVICE 12. Prepare (print legibly) and provide the supervisor in charge with a
completed copy of the VEHICLE RELOCATION REPORT.
13. Verify that doors to all vehicles relocated are properly locked.

SUPERVISOR 14. Verify that each VEHICLE RELOCATION REPORT is legible and
ASSIGNED contains a full description of the vehicle and damages, if any.
15. Enter vehicle relocation information, via FINEST, for vehicles relocated
into TOPIS, by using function 231, “Log-In Vehicle Street Relocation.”
16. Forward a copy of the list of relocated vehicles to the field command post
so that uniformed members of the service may inquire via radio as to the
location of a relocated vehicle.

NOTE Members of the service can access TOPIS through the FINEST by bringing up the shield
and entering MIS; clearing the screen and entering “NTOW”(“NTOW” must be
entered, in capital letters, for the TOPIS system to open up). Use code 23 at the main
menu to access the Vehicle Relocation Function. Members of the service having any
problems accessing TOPIS can call the Information Technology Bureau (ITB) Service
Desk.

17. Have “Vehicle Relocation Notice” signs posted indicating that vehicles
were relocated from the affected area and that interested persons should
contact the precinct concerned.
18. Ensure that “No Parking” signs are removed upon completion of the
event.

NOTE The “Vehicle Relocation Notice” signs should remain in place for forty-eight hours
before being removed.

19. Confer with precinct commanding officer regarding the overall operation,
including critique and suggestions.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:

213-16 09/13/17 3 of 3

ADDITIONAL Since VEHICLE RELOCATION REPORTS contain additional information not


DATA captured by the TOPIS entry, these reports will be maintained for forty-five days, on a
clipboard secured at the desk. After forty-five days, these reports should be discarded.
Members of the service receiving a report of a stolen vehicle, in addition to following the
applicable Patrol Guide procedures, will conduct a check via FINEST (through TOPIS)
to confirm whether the vehicle has been towed as a result of an event requiring
relocation of vehicles.

FORMS AND VEHICLE RELOCATION REPORT (PD571-155)


REPORTS Notice of Relocation (Misc. 4208)

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-17

NOTIFICATIONS REGARDING TRAFFIC RELATED ACTIVITIES


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

PURPOSE To ensure the proper collection, coordination, and dissemination of information


about Department activities that might affect the movement of traffic (either
vehicular or pedestrian).

PROCEDURE Whenever police operations, whether planned or unplanned, may have an effect
on the movement of vehicular or pedestrian traffic:

FOR SCHEDULED EVENTS (E.G., DETAILS, CHECKPOINTS)

SUPERVISOR 1. As soon as the event is scheduled, notify the Traffic Management Center
IN CHARGE by telephone of all pertinent information, including:
a. Date, time, and location of planned operation or event.
b. Nature of operation.
c. Command(s) participating.
d. Supervisor in charge.
e. Scope of anticipated or actual disruption.
f. Anticipated length of event or operation.

TRAFFIC 2. Compile information regarding scheduled events reported by commands


MANAGEMENT in the form of a daily “Traffic Brief.”
CENTER 3. Send the “Traffic Brief” to the Operations Unit daily, via e-mail or
facsimile machine.

FOR UNSCHEDULED EVENTS

SUPERVISOR 4. Notify the Operations Unit upon becoming aware of unscheduled police
IN CHARGE operations that may have an effect on the movement of traffic.

OPERATIONS 5. Upon receiving notification of unscheduled police operations that may


UNIT affect traffic movement, notify the Traffic Management Center.

TRAFFIC 6. Upon receiving notification from Operations Unit, make appropriate


MANAGEMENT notifications to units within the Chief of Transportation, and to other
CENTER agencies as appropriate.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-18

CITYWIDE SECURITY ALERT LEVELS


DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1

1. In light of the ongoing threat of terrorist attacks against the City of New York, the New
York City Police Department has created “Citywide Security Alert Levels” similar to those used by
the Federal Office of Homeland Security. These alert levels are discussed in detail in a newly
published document to be distributed in book form. This book will replace the “Citywide Security
Assessment Plan.” As such, with the publication and distribution of the new book, post assignments
will no longer be referred to as ALPHA, BRAVO, GAMMA, OR OMEGA. The new alert levels are
as follows:

ALERT LEVEL RISK CONDITION


Green Low Low Risk Of Terrorist Attacks
Blue Guarded General Risk Of Terrorist Attacks
Yellow Elevated Significant Risk Of Terrorist Attacks
Orange High High Risk Of Terrorist Attacks
Red Severe Severe Risk Of Terrorist Attacks

Post assignments made in connection with these new alert levels shall be referred to by the appropriate
color code. Commanding officers will ensure that all personnel are properly trained in the new system
of alert levels.

2. The Deputy Commissioner, Counterterrorism has compiled into book form a series of
responsibilities for various bureaus/commands, indicating actions to be taken under each security
level. These books have been distributed to affected commands, through the appropriate bureau
chiefs/deputy commissioners and will be maintained in the “Command Reference Library” as per
Administrative Guide procedure 325-18.

3. The City of New York, which has been the target of terrorists four times in recent
years, twice successfully, is currently at threat level “Orange.” Any changes in the threat level for the
City of New York will be transmitted via a FINEST Message.

NEW  YORK  CITY  POLICE  DEPARTMENT


PATROL GUIDE
Section: Mobilization/Emergency Incidents Procedure No: 213-19

INTEROPERABILITY CHANNELS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
02/04/15 02/04/15 1 of 1

1. There will be times during an emergency situation where it will be necessary for
personnel from the New York City Fire Department to communicate directly with a New York City
Police Department counterpart. Examples of emergency situations include, but are not limited to,
terrorist attacks, major building collapses, and large structural fires. To facilitate this communication,
a series of N.Y.P.D. interoperability radio channels are available.

2. In the event of such a situation, members of the New York City Fire Department, at the
level of Battalion Chief and above, and Emergency Medical Service (EMS) Chief Officer, have been
issued radios that are programmed with all interoperability frequencies. To activate the frequency, the
F.D.N.Y. Incident Commander, or Emergency Medical Service, Chief Officer will notify the Fire
Department Operations Center (FDOC), and request the activation of an interoperability frequency.
The FDOC will then notify the N.Y.P.D. Communications Division and request activation. The
Communications Section platoon commander will notify the Operations Unit, the Electronics Section,
and the N.Y.P.D. Incident Commander on the scene. The Communications Section platoon
commander will then activate the frequency concerned and assign a dispatcher to that position. Should
the incident escalate and it is determined that a second frequency is required, an additional
interoperability frequency will be utilized. When the need for interoperability capability ceases, the
ranking members of each agency on the scene will notify the appropriate dispatcher to terminate.
Should the situation be reversed, and the N.Y.P.D. Incident Commander determines that
interoperability is needed, the procedure will mirror the above, whereby the N.Y.P.D. Incident
Commander will make the request through the Communications Section dispatcher, who will then
notify the platoon commander. The platoon commander will notify the Operations Unit, the
Electronics Section and the FDOC. The Communications Section platoon commander will then
activate the frequency concerned and assign a dispatcher to that position. In that case, the duty captain
or above may request activation of the interoperability system.

3. In the event of a second incident, the Communications Section platoon commander


may place both incidents on the same interoperability frequency. In such cases, the Incident
Commanders shall name each incident so that they are clearly identifiable to the users on the channel.
Listed below are the channels as programmed in the portable radios of captains and above.

PRESENT CHANNELS NEW CHANNELS


CW I/O CW I/O (NYMAC1)
QNS I/O CW I/O2 (NYMAC3)
MAN I/O RW I/O (NYMAC2)
BRX I/O (NYMAC4)
BRK I/O (NYMAC5)
SI I/O (NYMAC6)

NEW  YORK  CITY  POLICE  DEPARTMENT

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