FHP POLICY 17.24, 17.21, 17.12, 17.11-PROMOTIONAL EXAM

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FHP POLICY 17.24, 17.21, 17.12, 17.11-PROMOTIONAL EXAM
2013-01-18 21:10:30

POLICY 17.24, 17.21, 17.12, 17.11
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  1.  RAPID ID DEVICE – (RIDD) A handheld, Wireless Supported Scanning device that communicates via the Mobile Data Computer (MDC) to the Florida Department of Law Enforcement Rapid ID (FALCON) system. 

    The device checks two fingerprints obtained from suspects roadside against wants and warrants and can provide positive identification and a Criminal History                                                                                                                                if electronic prints exist in the Florida Department of Law Enforcement’s Rapid ID system.
  2.  The Chief Training Officer at the Florida Highway Patrol Training Academy shall be responsible for overseeing the development and administration of the training process for assuring proficiency of instructors and operators with the Rapid ID (FALCON) Digital Fingerprint Device.
  3. Troop Training Coordinators shall ensure that each member provided a Rapid ID Device receives required training in the field

    A copy of the training rosters and/or certificates is placed in the member’s troop personnel file.
  4. Troop Commanders shall ensure that supervisory personnel who manage        members equipped with the Rapid ID Device: 
    Make certain members follow established guidelines and procedures for the use and maintenance of the Rapid ID Device. 
    Repairs and replacement of damaged or non-functional Rapid ID Devices are documented and performed as directed by the Chief Technology Officer. 
    All statistical reporting requirements are being completed as required to ensure adequate program evaluation. 
    On a monthly basis, reports involving cases in which the Rapid ID Device played an integral part in making an arrest shall be forwarded up through the chain of command to the Office of Strategic Services.
  5. The Chief Technology Officer shall be responsible for overseeing the technology portion of the Rapid ID Program.  

    All Rapid ID Device units purchased by the Department will be approved, inspected and installed as determined by the Chief Technology Officer.
    Rapid ID Devices in need of repair or replacement shall be brought to the attention, via the chain of command, to the Chief Technology Officer
  6. The Rapid ID Device may be used in situations where the subject to be fingerprinted has given a knowing and willing voluntary consent or permission for the member to use the device.  This may include consent given during lawful encounters. (i.e.: traffic stop) 
    As with other forms of consent, the consent can be limited or withdrawn at any point by the subject.  
    If consent is withdrawn; use of the Rapid ID is not authorized and its use must stop immediately. 

    Members shall not force or coerce anyone to submit to the scan.
  7. The Rapid ID Device may be used in situations where reasonable suspicion can be articulated that the subject to be printed has committed, or is about to commit a criminal act, when there is a justifiable and reasonable belief that such printing via the Rapid ID will either establish or nullify the subject’s connection with that crime. 

    The key here is that the use of the Rapid ID Device is used as quickly as possible after reasonable suspicion is established.

     Failure to comply with the request to provide a Rapid ID scan under these circumstances may constitute a form of obstruction; however, it may be more appropriate to use the failure to comply as further evidence of suspicion for the suspect crime and simply proceed with the investigation without the scan.
  8. The Rapid ID may be used in situations where the subject to be printed would otherwise be required to give traditional fingerprint samples. 
    Some examples would include:
    (1)        Probable cause criminal arrest situations.
    (2)        Required sentencing fingerprints for court. 
    (3)        When a subject is issued a citation (if the citation requires fingerprint(s) to be affixed), a Rapid ID might be used to rapidly ensure the identity given by the subject matched his/her prints, since proof of his correct identity is already in question and is the cause for placing the print on the citation in the first place.
  9. The Rapid ID may be used in situations where the use of the device has been specifically authorized pursuant to a valid subpoena; however, if the subpoena is not for immediate compliance, the subject should be allowed to appear for fingerprinting at the future time indicated on the subpoena.
    a.  Members should be aware that the subject may be able to move to quash the subpoena.
    b. Failure to honor a subpoena for Rapid ID use should be addressed in court and not be handled by attempting to force compliance via enforcement actions at the time of the refusal to comply.
  10. The Rapid ID may be used in situations where the use of the device has been specifically authorized pursuant to a valid court order. 
    a. Where a court order requiring the use has been rendered, reasonable and safe efforts to gain compliance may be employed.
    b.  Failure to comply may constitute contempt of court and may constitute obstruction of justice.
  11. Use of the Rapid ID Device for random or generalized investigative or intelligence gathering, with no focused case or other reason is not authorized
  12. Any specialized non-standard use of the Rapid ID Device shall require notification and authorization by the member’s immediate supervisor. If the immediate supervisor is not available, the request will be forwarded to the on-duty Shift Commander

    a.            Examples of non-standard use may include:
    (1)        Request from an outside agency to fingerprint a suspect in custody.  (As long as the requesting agency complies with the procedures set forth in this policy.)
    (2)        Traffic Homicide investigation in which there is no other identifying paperwork for the victim.             
    The activation of emergency lights and/or siren at the discretion of the member to make notification of a patrol car presence and to cause the violator to stop as quickly and safely as possible.

    The active attempt by a member to catch up to and stop a traffic violator before there is recognition by the violator that the member is attempting to stop the violator.
  15. Between the hours of 11:00 PM and 7:00 AM, members shall use the communication system as outlined above for ALL traffic stops.
  16. Members shall not use the public address system as a means of communication with a traffic violator or with the general public except when necessary.  It is only to be used after all other means or efforts have failed to direct a violator or the general public to a safe position. Members are authorized to use the public address system to the extent necessary when a clear threat exists to the safety of the member or the public.
  17. Spotlights/takedown lights are not to be intentionally used to obscure the vision of the driver of any vehicle while that vehicle is in motion. 
  18. The use of any lights for the sole purpose of illuminating the occupants of passing vehicles prior to observing a violation is prohibited.
  19. When obtaining necessary documents from a violator, wallets, purses, cases or other holders should not be accepted. The violator should be asked to remove the documents from any container
  20. Personnel who are ordered to report to the Academy in an instructor/student/training capacity must attach a copy of their written order for travel to their form DBF-AA-15.  The order must include the times and dates of reporting and dismissal.
  21. On travel to the Academy, the employee is entitled to claim either:

    Per diem at a rate of $80 per day ($20.00/quarter) less the daily cost of lodging established by the Bureau of Budget if the written reporting time is after 6:00 p.m. and less the appropriate Class C meal allowance if any meals are served at the Academy during the period covered by per diem OR The Class C meal allowance.
  22. On return to official headquarters, the employee is entitled to claim either:

    Per diem at the rate of $80 per day ($20.00/quarter) from the time of dismissal to time of arrival less the appropriate Class C meal allowance if any meals are served at the Academy during the period covered by the per diem,
    (2)        The Class C meal allowance, or
    (3)        Per diem at the rate of $80 per day ($20.00/quarter) from midnight on the day of dismissal, if no meals are served at the Academy that day.
    1.         Breakfast        $6.00
    2.         Lunch              $11.00
    3.         Dinner             $19.00
  24. One original and one copy of Form DBF-AA-15 and all supporting documentation will be submitted to the Bureau of Accounting within five working days after completion of travel.
  25. Members will not transport persons in Patrol vehicles unless such transportation is in connection with official business
  26. Blanket permits authorizing persons to ride in patrol vehicles are prohibited.
  27. Except for emergency transportation or transportation in conjunction with official Department business, passengers under the age of 18 years are not permitted in Patrol vehicles.
  28. Spouses or family members may be authorized to travel in Patrol vehicles when the member is attending an official function on Department business and spouses or family members are included as part of the official function; and when such attendance will enhance the image of the Florida Highway Patrol.
  29. Circumstances not requiring approval of higher authority to transport persons in Florida Highway Patrol vehicles:
    1.         When transporting prisoners.
    2.         When providing search, rescue, and public service.
    3.         When necessary in the performance of duty.
    4.         Members of the Department who have an interest in and a legitimate reason for being in a Division vehicle.
    5.         Florida Highway Patrol Auxiliary members.
  30. Circumstances requiring authority of a supervisor to transport persons in Division vehicles:

    1.         Relatives of a member on a limited basis.
    2.         Employees of the Division who are not normally passengers in Division vehicles, such as, secretaries, duty officers, and maintenance personnel when required to attend a Division function.
    3.         Persons who are passengers under provisions in Section "D-1" must sign the Florida Highway Patrol Waiver of Liability (Addendum 17.11-1) each time prior to becoming a passenger in a Division vehicle.
    4.         Florida Highway Patrol Chaplains as authorized in Chapter 24.01 of this manual.