NYPD Patrol Guide
NYPD Patrol Guide
NYPD Patrol Guide
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.
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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.
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.
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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.”
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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.
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
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.
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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.
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,
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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.
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.
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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
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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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.
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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.”
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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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.”
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-03 08/28/19 10 of 13
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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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.
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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.
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.
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ARREST BY A CIVILIAN
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1
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.
UNIFORMED 7. Prepare all necessary arrest documents and forward to relieving officer.
MEMBER OF 8. Inform relieving officer of details concerning arrest.
THE SERVICE
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.
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.
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.
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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.
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.
208-05 03/18/19 3 of 5
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.
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.
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.
208-05 03/18/19 5 of 5
PHOTOGRAPHABLE OFFENSES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/18 10/18/18 1 of 2
208-07 10/18/18 2 of 2
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).
ADDITIONAL An official Department photograph is taken by a member of the Photo Unit for any of the
DATA offenses listed above.
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.
208-08 10/18/18 2 of 2
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).
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.
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.
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.
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).
NOTE If Telephone Record is not maintained in command, entry will be made as directed by
commanding officer.
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.
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.
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.
208-10 09/13/17 2 of 2
NOTE These arrest numbers are identified as a two hundred thousand series, i.e., M97200001.
NOTE Completed Fingerprint Charts are to be issued sequential Fax control numbers
indicated by DCJS and sent to Albany for processing.
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.
PURPOSE To set forth guidelines for the utilization of the “LIVESCAN” computer fingerprinting
and palmprinting system.
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.
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.
NOTE Complete “LIVESCAN” processing of a prisoner should not exceed three hours from the
time of arrest, unless exigent circumstances exist.
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.
208-11 09/13/17 3 of 5
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.
IF PRISONER COMPLIES:
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.
BOROUGH 12. Question the prisoner and verify that he/she refuses to be fingerprinted/
COURT palmprinted.
SECTION
SUPERVISOR
IF PRISONER COMPLIES:
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.”
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.
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.
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.
PURPOSE To set guidelines for fingerprint and palmprint processing should the
“LIVESCAN” System become disabled.
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.”)
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.
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.
208-12 09/13/17 2 of 2
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.
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)
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”.
208-13 08/19/13 2 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:
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 8. Prepare report with all pertinent information and submit to commanding
OFFICER officer as soon as possible.
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).
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)
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.
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.
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
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.
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:
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.
208-16 08/01/13 2 of 2
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.”
PURPOSE To update Department records when the original charge is subsequently changed.
"TURNOVER" ARRESTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2
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.
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.
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/ 8. Ensure that re-interview has been conducted prior to arresting officer
PATROL/COURT being assigned to other duties.
SECTION
SUPERVISOR
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.
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.
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.
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.
208-24 07/01/14 2 of 3
208-24 07/01/14 3 of 3
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.
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:
Option (1) Perform next scheduled tour of duty with 1st Platoon, or
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.
208-25 08/01/13 2 of 3
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.
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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.
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.
208-26 09/24/18 2 of 3
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.
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.
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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”).
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
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).
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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.
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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.
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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.
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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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.
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.
208-27 03/18/19 6 of 11
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.
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208-27 03/18/19 8 of 11
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.
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
208-27 03/18/19 9 of 11
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.
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.
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.
208-27 03/18/19 10 of 11
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.
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
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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.
Criminal photographs need not be taken of a hospitalized prisoner who is issued a DESK
APPEARANCE TICKET for a Class “E” Felony.
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.
208-28 03/18/19 2 of 3
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.
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)
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.
NOTE Forward DAT ARREST PACKAGE with required paperwork as per P.G. 208-27,
“Desk Appearance Ticket – General Procedure.”
208-30 08/01/13 2 of 2
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.
ROLL CALL 14. Make entry in command diary and notify arresting officer of new court
CLERK date, if required to appear.
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.
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.
NOTE If Legal Bureau is closed, call Operations Unit to arrange a consultation with a
Department Attorney.
NOTE The precinct commander/duty captain will be notified and perform the duties of the
lieutenant platoon commander if the platoon commander is unavailable.
208-34 05/08/19 2 of 4
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.
208-34 05/08/19 3 of 4
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.
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-34 05/08/19 4 of 4
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.
PROCEDURE Upon being offered a bribe, particularly a future bribe and corroborating
evidence may be developed:
DESK 2. Inform Internal Affairs Bureau, Command Center, of offer and any
OFFICER/ related arrangements
SUPERVISOR
NOTIFIED
PURPOSE To process family offenses and other offenses that occur between family/
household members as per the Family/Household - Expanded Definition.
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.
208-36 06/13/19 2 of 16
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).
208-36 06/13/19 3 of 16
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.
208-36 06/13/19 4 of 16
PROCEDURE When members of the service respond to, or are notified of, any incident
involving members of the same Family/Household (NYPD EXPANDED
DEFINITION):
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.
208-36 06/13/19 5 of 16
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.
208-36 06/13/19 6 of 16
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.
208-36 06/13/19 7 of 16
The inquiries set forth in the preceding paragraph may be used to establish the existence
of this element of probable cause.
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.
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-36 06/13/19 8 of 16
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 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.
208-36 06/13/19 9 of 16
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”).
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).
208-36 06/13/19 10 of 16
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:
208-36 06/13/19 11 of 16
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.
208-36 06/13/19 12 of 16
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:
208-36 06/13/19 13 of 16
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.
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
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.).
208-36 06/13/19 14 of 16
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.
208-36 06/13/19 15 of 16
ASSIGNED 41. Document all attempts made by the domestic violence prevention officer
DETECTIVE to locate named perpetrator in the ECMS.
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.
208-36 06/13/19 16 of 16
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.
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.
NOTE Communications Section will automatically direct the patrol supervisor to respond to
the scene of all family-related incidents involving members of the service.
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.
208-37 05/08/19 2 of 5
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.
NOTE If a member of the service is arrested, comply with P.G. 206-11, “Member Of The
Service Arrested - Uniformed Or Civilian.”
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-37 05/08/19 3 of 5
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.
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.
208-37 05/08/19 4 of 5
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
208-37 05/08/19 5 of 5
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.
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.”
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.
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.
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.
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.”
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.
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:
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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.
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.
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
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. 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.
208-40 03/27/18 5 of 8
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.
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-40 03/27/18 6 of 8
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.”
ARRESTING 37. Notify assistant district attorney if prisoner has any previous arrests for
OFFICER same crime within the past ten years.
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.
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.
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)
208-40 03/27/18 8 of 8
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:
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.
208-41 02/04/15 2 of 4
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.
208-41 02/04/15 3 of 4
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.
208-41 02/04/15 4 of 4
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.
ARREST ON A WARRANT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 5
PROCEDURE When arresting a person for whom a warrant has been issued:
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).
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-42 03/18/19 2 of 5
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.”
DESK OFFICER 13. Make Command Log entry relative to the detention of the prisoner.
208-42 03/18/19 4 of 5
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
208-42 03/18/19 5 of 5
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)
PROSTITUTION
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 1
PROCEDURE When a person is arrested for prostitution, follow normal arrest procedure and:
DESK OFFICER 4. Verify identity and address if prisoner is not in possession of satisfactory
documentary proof.
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.
PROCEDURE When a person is arrested for “Loitering for Purposes of Prostitution,” follow
normal arrest procedures and:
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.
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.
GAMBLING
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1
PROCEDURE When processing a prisoner charged with violating the gambling laws, follow
appropriate arrest processing procedures and:
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.
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.
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).
PROCEDURE Upon arresting a person charged with one of the crimes listed above:
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).
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.
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.
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.
FORFEITURE OF BAIL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1
TRAFFIC VIOLATIONS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1
PROCEDURE Upon arresting a person for violation of traffic regulations, follow appropriate
arrest processing procedures and:
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.”
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:
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.
208-53 09/23/15 2 of 5
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.
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.
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.
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.
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.
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:
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.
208-53 09/23/15 5 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:
NOTE For suspended or revoked vehicle operator’s license, comply with P.G. 209-26,
“Suspended or Revoked Vehicle Operator’s License.”
208-54 08/01/13 2 of 5
208-54 08/01/13 3 of 5
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.
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.
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.).
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.
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.
PROCEDURE When a person arrested is a foreign national, comply with appropriate arrest
processing procedures and:
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.
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
208-56 06/13/19 3 of 3
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)
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:
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:
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
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.
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.
208-59 03/29/17 2 of 2
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.
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.
208-60 07/01/14 2 of 2
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.
NOTE When assigned to guard a material witness, follow instructions of assistant district
attorney and detective squad commander.
TRANSIENT PRISONER
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1
DEFINITION TRANSIENT PRISONER - A prisoner passing through New York City in the
custody of a properly identified police officer of another jurisdiction.
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.
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:
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.
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.
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)
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.
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.
208-66 03/18/19 3 of 4
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.
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.
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.
FOLLOW-UP INVESTIGATIONS ON
"DECLINE PROSECUTION" ARREST CASES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2
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.
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.
208-67 08/01/13 2 of 2
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.
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
♦ CITY UNIVERSITY OF NEW YORK The City University of New York - Deputy
EMPLOYEE University Director of Security and Public Safety
♦ DRUG ADDICT or involving P.L. 220.00 Narcotics Division - Only if arrest made by
Narcotics Division personnel
208-68 02/04/15 2 of 3
♦ HOSPITAL, any offense and prisoner admitted Borough Court Section Concerned
208-68 02/04/15 3 of 3
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.
PROCEDURE When an arrest is effected and any of the following conditions exists, follow
existing arrest procedures and:
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.
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:
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.)
208-69 03/18/19 4 of 5
208-69 03/18/19 5 of 5
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.
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:
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.
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.
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.
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.
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.
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.
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.
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
208-72 08/01/13 3 of 3
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.
FORMS AND Instructions For NYS DNA Databank Convicted Offender DNA Collection Kit
REPORTS Owe DNA Notification Sheet
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.
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).
ADDITIONAL If any question exists as to whether or not a notification must be made, always make the
DATA notification.
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.”
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
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-74 08/01/13 2 of 3
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
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.
208-74 08/01/13 3 of 3
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.”
208-75 05/04/17 2 of 5
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.
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.).
208-75 05/04/17 3 of 5
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.”
208-75 05/04/17 4 of 5
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.
208-75 05/04/17 5 of 5
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.
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
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
208-76 06/02/16 2 of 4
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”).
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:
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.
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.
208-76 06/02/16 3 of 4
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.”
208-76 06/02/16 4 of 4
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.
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”).
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).
208-77 06/02/16 2 of 3
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.
208-77 06/02/16 3 of 3
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.
PROCEDURE When a person is found to have an active SAP warrant from any New York City
Court:
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.
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).
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.”
208-79 03/04/19 2 of 3
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.
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)
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.
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.
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
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.
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)
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.
Labor 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)
209-01 10/01/18 2 of 2
New York City Administrative Code (except Section D46-18.0 Cigarette Tax)
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.
PURPOSE To inform uniformed members of the service of agencies having jurisdiction over
different summonsable offenses.
Traffic infractions other than Stopping, Standing N.Y.S. Department of Motor Vehicles, Traffic
and Parking (including traffic infractions Violations Bureau.
committed by bicyclists)
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.
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.
209-03 05/15/19 2 of 4
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.
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.
209-03 05/15/19 3 of 4
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.
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
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
209-03 05/15/19 4 of 4
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.
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 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).
PURPOSE To ensure that correct information concerning time, date and location of court is
given to respondent in various summons cases.
PARKING VIOLATIONS
a. Do not enter time or date returnable for summonses returnable to
Parking Violations. (Information for violator is printed on the
summons).
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.
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.
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.).
209-06 03/18/19 2 of 4
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.
209-06 03/18/19 3 of 4
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.
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.”
209-06 03/18/19 4 of 4
APPENDIX “A”
NOTIFICATION TO RESPONDENT
(SAMPLE LETTER)
Date__________
If you have any questions regarding this matter please contact the 8th Precinct
Operations Coordinator, Lieutenant (name) at (telephone number).
Respectfully,
Name
Rank
PURPOSE To instruct uniformed members of the service in the proper manner of preparing
a parking summons and processing related papers for parking violations.
NOTE Summonses will not be issued to abandoned or derelict vehicles, as defined above.
209-07 05/31/18 2 of 5
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 In cases where more than three violations are evident, summonses for the three most
serious violations should be issued.
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.
209-07 05/31/18 3 of 5
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.”
209-07 05/31/18 4 of 5
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).
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:
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.”)
PARKING VIOLATIONS
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".
PROCEDURE When issuing a summons returnable to the Traffic Violations Bureau or Criminal
Court:
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.
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.
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.
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.
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
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.
(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.
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.
TRAFFIC VIOLATIONS
1
TRAFFIC INFRACTIONS
(other than stopping,
standing, and parking
offenses)
7 Violators signature is
optional.
6
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.
CRIMINAL COURT
PEDESTRIAN OFFENSES AND
TRAFFIC MISDEMEANORS (except
unlicensed operator, unregistered vehicle and
no insurance ID card).
209-11 10/19/17 2 of 3
209-11 10/19/17 3 of 3
PROCEDURE Upon observing the commission of an offense that is under the jurisdiction of the
Office of Administrative Trials and Hearings (OATH):
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
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
209-12 05/31/18 2 of 4
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.
MESSENGER 16. Obtain receipt on one copy of SUMMONS ENVELOPE RECEIPT and
return to borough office.
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.
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.
209-12 05/31/18 4 of 4
ADMINISTRATIVE TRIALS
AND HEARINGS
209-14 11/20/18 2 of 3
NOTE:
The Affidavit (Certificate*) of Service
MUST be fully completed and signed by
the issuing officer or the summons will be
dismissed.
209-14 11/20/18 3 of 3
TRANSIT ADJUDICATION
BUREAU - NOTICE OF
VIOLATION AND
HEARING (TAB/NOV)
1 If violator resides in a
1 shelter, do not issue a
TAB/NOV.
209-15 08/01/13 2 of 2
1 Enter witness/complainant
information as appropriate.
3 If property is confiscated,
enter Property Clerk
1 Invoice Number.
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.
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
Traffic infraction observed, unable 1. Report circumstances to commanding officer, who may
to serve summons direct member to apply for court summons.
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.
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)
PROCEDURE When a uniformed member of the service issues or prepares a summons in error:
209-18 08/01/13 2 of 2
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.
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.
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.
NOTE In other cases, return package to originating command for additional information, etc.
209-19 08/01/13 2 of 2
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.
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.
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:
SUMMONS NOTIFICATION
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
05/31/18 05/31/18 1 of 2
PROCEDURE When a summons has been served for the following offenses, follow normal
summons processing procedure and:
OFFENSE NOTIFY
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.
209-22 05/31/18 2 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).
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:
209-23 05/31/18 2 of 2
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.
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.
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.
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.
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.).
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:
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.
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.
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.).
PROCEDURE When a uniformed member of the service observes the key in the ignition of an
unattended motor vehicle for more than three minutes:
DEFINITIONS For the purpose of this procedure the following definitions will be utilized:
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:
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.
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.
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.
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.
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.
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.
209-29 10/27/15 4 of 8
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.
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).
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.
209-29 10/27/15 5 of 8
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
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.
209-29 10/27/15 7 of 8
209-29 10/27/15 8 of 8
DEFINITIONS The definitions listed below are ONLY applicable to this procedure:
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.
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.
209-30 06/25/19 2 of 3
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.
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.
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.
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.
RELATED Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court
PROCEDURE (P.G. 209-09)
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.
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
PATROL GUIDE
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.
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.”
RELATED Allegations of Corruption and Other Misconduct Against Members of the Service (P.G.
PROCEDURE 207-21)
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:
NOTE Do not detain the individual solely for the purpose of making this notification.
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
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.
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
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.
NOTE Tow operators from outside of New York City are only required to have a driver’s
license, vehicle registration and insurance card.
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).
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.
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.
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.
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.
209-36 07/24/18 2 of 10
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.
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.
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
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.
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).
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.
NOTE The ICO Ageing Report displays all summonses distributed to members of the service
and not served for 90 days or more.
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.
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.
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.
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.
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.
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.
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.
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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.
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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.
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.
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)
209-36 07/24/18 10 of 10
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.
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:
209-37 11/20/18 2 of 4
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.
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.
209-37 11/20/18 3 of 4
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.
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.
209-37 11/20/18 4 of 4
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.
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.
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.
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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.
UNIFORMED 11. Remove person to command and advise desk officer of facts.
MEMBER OF
THE SERVICE
209-38 08/28/19 3 of 5
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.
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.
209-38 08/28/19 4 of 5
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.
MEDICAL MARIJUANA
209-38 08/28/19 5 of 5
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.
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
209-39 03/18/19 2 of 4
209-39 03/18/19 3 of 4
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:
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
209-39 03/18/19 4 of 4
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.
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.
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.
210-01 10/01/18 2 of 9
210-01 10/01/18 3 of 9
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.
210-01 10/01/18 4 of 9
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.
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
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.
210-01 10/01/18 5 of 9
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.
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-01 10/01/18 6 of 9
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.
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.
210-01 10/01/18 7 of 9
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.
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.
210-01 10/01/18 8 of 9
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.
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.”
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-01 10/01/18 9 of 9
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
210-03 11/21/14 2 of 2
ADDITIONAL Borough court section concerned will provide staff assistance to arresting agency in
DATA bedside arraignments, when necessary.
(continued)
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.
210-04 09/10/18 2 of 10
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.
210-04 09/10/18 3 of 10
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.
210-04 09/10/18 4 of 10
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.
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.
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-04 09/10/18 5 of 10
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.
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)
210-04 09/10/18 6 of 10
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.
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.
210-04 09/10/18 7 of 10
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.
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.
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.
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.
210-04 09/10/18 8 of 10
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.
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.
210-04 09/10/18 9 of 10
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.
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.
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.”
210-04 09/10/18 10 of 10
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
BEDSIDE ARRAIGNMENT
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/29/18 03/29/18 1 of 3
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
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-05 03/29/18 2 of 3
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-05 03/29/18 3 of 3
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.
PRISONERS' MEALS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2
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.
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.
PURPOSE To make notifications and investigate certain unusual occurrences related to prisoners.
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.”
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)
PURPOSE To ensure the integrity, control, and humane treatment of prisoners lodged in
command/detective squad holding pens.
210-08 10/01/18 2 of 3
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.
BAIL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
03/18/19 03/18/19 1 of 4
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
210-09 03/18/19 2 of 4
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.
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.
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
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:
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.
210-13 08/01/13 2 of 5
210-13 08/01/13 3 of 5
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
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-13 08/01/13 4 of 5
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.
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.
210-13 08/01/13 5 of 5
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:
ADDITIONAL The District Attorney’s Office will notify the Department of Correction to arrange for
DATA the release of the concerned prisoner.
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:
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
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.
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.
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.”
210-16 03/18/19 2 of 3
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.
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
210-16 03/18/19 3 of 3
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
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 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
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
210-17 05/27/16 2 of 3
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
DEBRIEFING OF PRISONERS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/29/16 07/29/16 1 of 4
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.
210-18 07/29/16 2 of 4
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.
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.
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
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.
210-18 07/29/16 4 of 4
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:
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.
POLICE ROOM 4. Notify other court part or government agency that member is present in
SUPERVISOR/ another court part.
DESIGNEE
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.
211-01 08/01/13 2 of 2
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.
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.
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:
211-04 01/12/15 2 of 4
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
211-04 01/12/15 3 of 4
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
211-04 01/12/15 4 of 4
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.
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.
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:
211-05 05/31/18 2 of 8
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.
211-05 05/31/18 3 of 8
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.
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.
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.
211-05 05/31/18 4 of 8
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.
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.
211-05 05/31/18 5 of 8
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.
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.
211-05 05/31/18 6 of 8
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.
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).
211-05 05/31/18 7 of 8
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.
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.
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.
211-05 05/31/18 8 of 8
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:
NOTE This notification can also be received via Computerized Court Appearance Control
System (CACS), in commands activated for CACS.
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
211-06 08/01/13 2 of 3
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
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.
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.
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.
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.
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).
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.
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.
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
BROOKLYN
• Supreme and Family Court Warrants
350 Jay Street, report to 1st floor, 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
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.
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:
211-09 10/19/18 2 of 3
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.
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)
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).
211-10 03/27/18 2 of 5
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).
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.
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.
211-10 03/27/18 4 of 5
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.
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:
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.
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.
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.
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.
DESK OFFICER 7. Make notation of uniformed member’s dismissal and instruction given on
appropriate Department record.
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.
211-11 08/01/13 3 of 3
ADDITIONAL
DATA
(continued)
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.
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.
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:
NOTE This notification can also be received via the Computerized Court Appearance Control
System (CACS), in commands activated for 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
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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.
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.
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.
211-14 06/24/19 2 of 3
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.
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.
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).
211-15 08/01/13 3 of 10
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.
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.
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NOTE The command liaison officer may delegate the authority to prepare and sign a
CERTIFICATION to properly trained members within the command.
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.
PHOTOCOPYING RECORDS:
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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:
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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211-15 08/01/13 7 of 10
APPENDIX “A”
CERTIFICATION
DATE: ___________________________
DOCKET # _______________________
____________________
(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.
______________________________
Name Printed
211-15 08/01/13 8 of 10
APPENDIX “B”
CERTIFICATION
DATE: ___________________________
DOCKET # _______________________
____________________
(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.
______________________________
Name Printed
211-15 08/01/13 9 of 10
APPENDIX “C”
CERTIFICATION
DATE: ___________________________
DOCKET # _______________________
____________________
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.
______________________________
Name Printed
211-15 08/01/13 10 of 10
APPENDIX “D”
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
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
_______________________________________
Rank Name Command
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
211-16 08/01/13 2 of 2
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
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.).
211-17 01/23/15 2 of 4
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.
211-17 01/23/15 3 of 4
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
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.
211-17 01/23/15 4 of 4
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)
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.
211-18 08/01/13 2 of 2
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.
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)
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.
PROCEDURE When information is requested by a member of the NYC Transit Law Torts
Division “Quick Response” Unit:
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.
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
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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.”
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.
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.
211-19 10/18/16 3 of 3
RELATED Processing Request for Police Department Documents Received from Assistant District
PROCEDURE Attorneys and Assistant Corporation Counsels (P.G. 211-18)
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:
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.
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.
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:
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.
211-21 03/13/14 3 of 5
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.
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.
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)
211-21 03/13/14 5 of 5
APPENDIX “A”
(SAMPLE LETTER)
Date _____________
Name of Plaintiff
Address of Plaintiff
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
PURPOSE To inspect, instruct and conduct roll call of uniformed members of the service.
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.
212-01 08/01/13 2 of 2
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.
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.
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
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.
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.
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.
EXPIRATION OF TOUR
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 2
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.
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.
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.
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.
PURPOSE To record instances when non-members of the service are transported in police
vehicles.
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.
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.
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).”
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.
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 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.
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
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.
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 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.
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.
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.
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.
212-11 10/19/18 3 of 16
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.
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.
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
212-11 10/19/18 6 of 16
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.
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.
212-11 10/19/18 7 of 16
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 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.
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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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.
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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.
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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.
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.
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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.
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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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.
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 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.
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:
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BOROUGH 16. Notify Transit Bureau Wheel of all pertinent information, if appropriate.
GANG SQUAD
MEMBER
(continued)
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
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.
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.
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):
NOTE Print clearly and fill in all captions that pertain to the condition. Use common language
to describe the condition.
NOTE If the condition was observed on a limited access highway, submit the completed
TRAFFIC INTELLIGENCE REPORT to the highway unit concerned.
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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.
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.
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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.
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.
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.
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.
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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.
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.
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
NEW YORK CITY POLICE DEPARTMENT
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PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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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 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)
DEFINITIONS REACH TRAIN - A train brought in front of or behind a stalled train, to which
passengers transfer by walking through the stalled train.
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.
212-16 08/01/13 2 of 2
NOTE In the event that some passengers are non-ambulatory, emergency equipment shall be used.
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.
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.
PROCEDURE The following procedures will be followed in cases of fires, floods, collisions,
derailments, persons under trains and other major disruptions of service:
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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.
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.”
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.
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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.
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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.
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.
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.
SCOPE Transit Authority Rule 1050.9(c) (which deals with photography on the system)
reads as follows:
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.
PROCEDURE When the Transit Bureau radio network malfunctions and/or there is an
interruption in service:
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.
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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.
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).
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.
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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.
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:
NOTE Prompt notification and timely response of specialized units will minimize the duration
of the power removal and subsequent disruption.
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.
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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.
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.
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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
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:
NOTE Members of the service assigned to a high priority incident will not be required to
conduct security checks as stated above.
PATROL 6. Inspect assigned member’s ACTIVITY LOG during tour to ensure that
SUPERVISOR NYCHA facilities have been inspected.
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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.
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:
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.
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
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.
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:
Commanding Officers concerned must recognize that the conduct of probationary police
officers, both on and off duty, is subject to evaluation.
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.
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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.
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:
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.
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.
PROCEDURE Upon receipt of a radio code signal 10-11 (Alarm Condition) at a Department of
Education facility:
RADIO 10. Notify School Safety Division Alarms Unit for notification to custodian,
DISPATCHER unless premises has been classified chronic alarm location.
Nothing contained herein shall prevent a member of the service from taking summary or
other police action, should circumstances warrant such action.
PURPOSE To prevent injuries due to hazardous building conditions and preserve the peace
during the enforcement of a residential building vacate order.
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:
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.
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.
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.
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.
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.
Each borough command and the Chief of Department, Investigation and Review Section,
will obtain and have available a copy of the “Memorandum of Understanding.”
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:
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.
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.
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.
PROCEDURE Upon coming in contact with a foreign national seeking asylum in this country:
SCOPE The following individuals are exempt from appropriate sections of the
Administrative Code:
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:
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.
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.
COUNTERFEIT MONEY
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/01/13 08/01/13 1 of 1
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 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.
IF VEHICLE REPOSSESSED
NOTE When the FINEST SYSTEM is inoperative, notification to Stolen Property Inquiry
Section (S.P.I.S.) will be made by telephone.
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.
212-48 08/01/13 2 of 2
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.
NOTE A member of the press with proper credentials may not be excluded from an area where
the general public has access.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
212-52 08/01/13 2 of 2
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.
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.
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:
PATROL 8. Review action taken and ascertain that precinct detective squad has been
SUPERVISOR notified to respond, if not present at scene.
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.
DIPLOMATIC INCIDENTS
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/24/18 07/24/18 1 of 3
NOTE Do not enter headquarters district of United Nations to perform official duty without
consent of Secretary General.
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.
212-56 07/24/18 2 of 3
NOTE The Mayor’s Office for International Affairs may be requested to the scene or may
respond when appropriate.
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.
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.
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.
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.
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
212-57 02/04/16 2 of 4
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.
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.
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
FIRE
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
10/18/16 10/18/16 1 of 4
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.
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.
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.
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.
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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.
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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.
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.
PROCEDURE When a uniformed member of the service receives a complaint of a burglary or robbery:
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).
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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.
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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).
BICYCLE PATROL
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
07/19/16 07/19/16 1 of 5
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.
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.
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 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.
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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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.
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.
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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.
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
212-66 06/13/19 2 of 3
COLLECTION OF INFORMATION
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
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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.
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.
NOTE A list of the clergy participating in the program will be forwarded to the Community Outreach
Division.
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
212-67 01/21/16 2 of 3
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.
212-67 01/21/16 3 of 3
Date
The undersigned hereby nominates the below named individual for the Police/Clergy Liaison
Program:
Address of Institution:
Home Address:
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
NOTE The Chief of Department’s Investigation Review Section will serve as the repository for
such orders and their dispositions.
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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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.
ADDITIONAL Additional guidance concerning these orders can be obtained from the Legal Bureau.
DATA
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.
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
212-70 08/01/13 2 of 2
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
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.
PROCEDURE When ranking personnel of this Department contemplate the use of video and/or
photographic equipment at a demonstration for a permissible operational
objective:
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
212-71 07/19/16 2 of 2
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.
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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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.
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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
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.
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
Activities of the New York City Police Department in the investigation of political activity will
conform to constitutionally guaranteed rights and privileges.
II. DEFINITIONS
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4. DATE OF EFFECT
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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(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
212-72 06/25/18 8 of 24
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.
B. Preliminary Inquiries
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(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.
212-72 06/25/18 10 of 24
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.
C. Full Investigation
(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.
212-72 06/25/18 11 of 24
212-72 06/25/18 12 of 24
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
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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.
212-72 06/25/18 15 of 24
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.
212-72 06/25/18 16 of 24
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.
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(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.
(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;
212-72 06/25/18 20 of 24
(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.
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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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
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
212-72 06/25/18 22 of 24
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
B. OTHER AUTHORIZATIONS
212-72 06/25/18 23 of 24
A. General Limitations
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.
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PURPOSE To enroll bicycles in the Bicycle Registration Program which has been
established in each patrol precinct.
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.
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.
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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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
212-73 11/18/16 3 of 3
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.
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.
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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.
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.
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.
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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.
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.
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.
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.
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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.
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.
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.
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.
212-77 10/01/18 2 of 3
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.
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
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.
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:
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.”
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.
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.
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.
E-JUSTICE – NYS Criminal Justice information which is linked to the National Crime
Information Center (NCIC).
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.
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:
♦ CIVIL CASES
♦ CRIMINAL CASES
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.”
PURPOSE To process Suspension and Revocation Orders received from the Department of
Motor Vehicles.
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.
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NOTE An Order is considered executed only when all items listed are received, or an
affirmation is obtained from the licensee.
PROCEDURE Upon observing the unauthorized display of any badge, plate, card, etc.:
♦ Badge, and person displaying purports to Arrest, Section 190.25 (3), Penal Law.
be a public servant. Seize badge 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.
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.
212-82 08/01/13 2 of 4
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 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
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.
If the command clerk, and/or operations coordinator are absent the commanding officer
will designate another member of the service to assume their duties.
PURPOSE To obtain permission and funds to leave the city on police business.
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.
212-83 03/18/19 2 of 3
“In compliance with Federal Aviation Authority Regulation, it is necessary that the
officer retain possession of and accessibility to his weapon during flight.”
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.
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.
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.
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.
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.
NOTE Investigations must be completed and all related forms returned to the Rifle and Shotgun
Section, within sixty days.
212-85 12/29/15 2 of 3
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.
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).
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
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:
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
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.
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)
PURPOSE To preserve the peace, protect life, property, and to ensure the public’s right to
vote.
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
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.
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.
212-87 09/07/17 3 of 3
DESK OFFICER 12. Notify patrol borough command of arrests, incidents, or unusual delays in
(continued) voting.
DESK OFFICER 17. Inform precinct election supervisor of complaints, time voting is
interrupted, and time voting resumes, etc., for entry in precinct Election
Log.
ADDITIONAL Patrol borough command will make appropriate notifications to the respective Board of
DATA Elections borough 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)
PURPOSE To expedite delivery of election results to the precinct and the return of election
materials.
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.
212-88 09/07/17 2 of 2
ADDITIONAL Patrol borough command will make appropriate notifications to the respective Board of
DATA Elections borough 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)
212-90 12/10/18 2 of 6
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).
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.
212-90 12/10/18 3 of 6
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:
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.
212-90 12/10/18 4 of 6
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.
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.
NOTE The Department’s certified interpreter list is available through the Operations Unit
twenty-four hours a day/seven days a week.
212-90 12/10/18 5 of 6
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.
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.
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.
212-90 12/10/18 6 of 6
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
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:
BOROUGH 6. Upon approval, forward telephone request directly to the Operations Unit.
COMMAND
CONCERNED
212-91 08/01/13 2 of 2
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.
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.
DIGITAL VIDEO RECORDER (DVR) - A device that accepts video signals from a
video camera and records the image on a computer hard drive.
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.
212-98 01/04/17 2 of 9
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.
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.
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:
212-98 01/04/17 3 of 9
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.
212-98 01/04/17 4 of 9
NOTE A separate License Plate Check Log should be utilized for each housing development
monitored.
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.
NOTE The District Attorney’s Office will have access to video for the purposes of criminal
prosecution through the investigating/arresting officer.
NOTE Visiting supervisors are required to sign the Video Patrol Log.
212-98 01/04/17 5 of 9
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.
NOTE All crime information/photos gathered from the PSA intelligence officer and other units will
be displayed and updated to remain current.
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.
212-98 01/04/17 6 of 9
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.
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.
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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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
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
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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:
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.
212-98 01/04/17 9 of 9
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)
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.
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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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.
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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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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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.
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.
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.
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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.
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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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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.
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.
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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
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
212-101 10/18/16 7 of 17
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.
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:
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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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
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
212-101 10/18/16 9 of 17
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.
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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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).
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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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.
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
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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.
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.
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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.”
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.
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:
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.”
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PROCEDURE Upon alarm activation of the personal radiation detection pager, and detection of
elevated radiation readings:
NOTE Supervisors of specialized units present at the scene will perform the duties of the
platoon commander/patrol supervisor regarding necessary reporting requirements.
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.
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.
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.
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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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.
NOTE In cases where the services of a qualified sign language interpreter are needed, the
Operations Unit should be contacted.
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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).
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.
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.
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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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.
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:
T VISA DECLARATION:
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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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.
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.”
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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
AUTHORIZATION/NOTIFICATION REGARDING
DEPARTMENT CEREMONIES
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
12/04/18 12/04/18 1 of 3
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
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:
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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.
POLICE DEPARTMENT
CITY OF NEW YORK
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.
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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
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
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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.”
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212-118 03/14/18 4 of 4
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.”
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.
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:
ANIMAL 1. Forward all complaints of animal abuse received from the ASPCA to the
ABUSE special operations lieutenant of the command concerned.
PREVENTION
LIAISON
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IN ALL CASES
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.
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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
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.
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.
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.
212-121 12/02/15 2 of 2
RELATED Processing Subpoenas for Police Department Records and for Testimony by Members of
PROCEDURES the Service (P.G. 211-15)
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.
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.
PURPOSE To visually and audibly record certain interactions between uniformed members
of the service and the public for official law enforcement purposes.
PROCEDURE When a uniformed member of the service is assigned a Body-Worn Camera (BWC):
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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 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.
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.
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.
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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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.
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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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.”
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
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
212-123 01/08/18 8 of 8
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.
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.
212-124 12/04/18 2 of 3
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.
212-124 12/04/18 3 of 3
PURPOSE To provide guidelines to members of the service regarding the Crime Victim
Assistance Program (CVAP).
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.
PROCEDURE When relevant services are to be offered to crime victims in regard to CVAP:
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.
212-125 02/28/19 2 of 2
BOROUGH 23. Conduct precinct and police service area visits in order to ensure CVAP
CVAP LIAISON tasks are performed as required.
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.
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:
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.
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
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.
213-02 08/28/19 2 of 3
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.
213-02 08/28/19 3 of 3
RAPID MOBILIZATION
DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE:
08/28/19 08/28/19 1 of 13
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.
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.).
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.
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.
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).
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
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.
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.
213-03 08/28/19 6 of 13
213-03 08/28/19 7 of 13
213-03 08/28/19 8 of 13
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)
213-03 08/28/19 9 of 13
213-03 08/28/19 10 of 13
213-03 08/28/19 11 of 13
213-03 08/28/19 12 of 13
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
213-03 08/28/19 13 of 13
TRANSIT BUREAU
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
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.
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
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
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
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
213-04 08/28/19 2 of 5
DETECTIVE 11. Designate one sergeant and three detectives to respond to Field Command
BOROUGH Post to serve as intelligence staff.
213-04 08/28/19 3 of 5
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
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.
213-04 08/28/19 4 of 5
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.
READINESS LEVEL 4
COMMUNI- 19. Notify Operations Unit and broadcast “Readiness Level Four” on all
CATIONS frequencies.
SECTION
NOTE For further information regarding the above titles, see ADDITIONAL DATA.
213-04 08/28/19 5 of 5
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.
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.
213-05 07/19/16 2 of 9
NOTE Communications Section must be conferred with regarding the frequency to be used
during mobilization.
213-05 07/19/16 3 of 9
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.
NEW YORK CITY POLICE DEPARTMENT
PATROL GUIDE
PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE:
213-05 07/19/16 4 of 9
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.
213-05 07/19/16 5 of 9
213-05 07/19/16 6 of 9
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.
213-05 07/19/16 7 of 9
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.
ESCORT DUTY - Maintain a liaison with other agencies and utilities, and provide
staging locations where the system of escorts can be administered.
213-05 07/19/16 8 of 9
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
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.
213-05 07/19/16 9 of 9
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.
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.
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).
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.
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.
213-06 07/01/14 2 of 2
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.
PROCEDURE When commanding officers concerned (see ADDITIONAL DATA) are required to
formulate and maintain unusual disorder plans:
NOTE If an appendix does not apply, prepare a blank page listing the appendix and the
statement “DOES NOT APPLY TO THIS COMMAND.”
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.
213-08 08/28/19 2 of 6
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.
213-08 08/28/19 3 of 6
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.
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.
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.
213-08 08/28/19 6 of 6
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
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.
Number 1 book 2
Multi-service envelope 15
Stapler 1
Staples 1 box
213-09 08/01/13 2 of 2
ADDITIONAL Large laminated maps will be prepared as per P.G. 213-07, “Unusual Disorder Maps.”
DATA
DEFINITIONS For the purposes of this procedure, the following definitions will apply:
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:
213-11 10/19/18 2 of 6
NOTE Provide basic information regarding event site from precinct file, if available.
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.
213-11 10/19/18 3 of 6
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.”
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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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.
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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.
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.
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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.
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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 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.
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.
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.
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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.
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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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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).
* ESCORT DUTY - Identify and provide a system of escorts for other service providers,
protected persons or sensitive groups.
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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.
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.
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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.
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PROCEDURE Whenever police operations, whether planned or unplanned, may have an effect
on the movement of vehicular or pedestrian traffic:
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.
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.
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:
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.
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.